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HomeMy WebLinkAboutC-4527(B) - Construction Manager at Risk Contract and PSA for City Civic Center and Park (Newport Beach Civic Center)SETTLEMENT AGREEMENT AND GENERAL RELEASE WITH C.W. DRIVER, INC. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Settlement Agreement"), is entered into as of this 25 day of February, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM Contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the GMP by $82,374,384 for a total GMP of $104,306,931; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931 utilizing $1,000,000 of the Owner's Contingency along with $1,000,000 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of Project signing and the installation of dry utilities modifications to increase the GMP by $476,281 for a total GMP of $105,783,212. F. On October 23, 2012, City and CM entered into Amendment No. Five to the CM Contract ("Amendment No. Five") for additional services not included in the CM Contract or prior amendments for Library Clerestory repair to increase the GMP by $720,913 for a total GMP of $106,504,125. G. On June 11, 2013, the City Council authorized the City Manager to negotiate and execute change orders in the not -to -exceed amount of $6,500,000. Additionally, CM expended $65,005 to repair storm damage from the winter of 2010/11. The cost to perform the work was reimbursed by FEMA and the funds were added to the contingency which increased the maximum change order amount to $6,565,005. The City Manager has approved $6,562,627 in change orders which increases the total GMP to $113,066,752. H. On October 9, 2013 City and CM entered in Amendment No. Six to the CM Contract ("Amendment No. Six") for additional services not included in the CM Contract, or prior amendments for extended general conditions and to increase the GMP by $1,400,000 for a total GMP of $114,466,752. 1. CM has submitted a claim for $8,203,965 for, among other things, alleged extra work performed by CM's contractors, subcontractors and suppliers, on the Project, as well as delays which impacted CM's contractors, subcontractors, and suppliers on the Project ("Claims"), A detailed list of the Claims is set forth in Exhibit A hereto and incorporated herein by this reference. J. As part of the Project, City is currently holding a retention of $4,548,429.85 ("Project Retention") pending the release of all stop notices and claims. K. For purposes of avoiding legal proceedings related to the Claims, City and CM desire to enter into this Settlement Agreement for additional services not included in the CM Contract, or prior amendments, to provide a release of all claims associated in any way with the Project, and to increase the GMP by $2,399,430 ("Claims Amount") for a total GMP of $116,866,182. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include this Settlement Agreement. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred and Sixteen Million Eight Hundred Sixty -Six Thousand One Hundred Eighty - Two Dollars and 00/100 ($116,866,182) ("Final Contract Amount"), an increase in the C.W. DRIVER, INC. Page 2 GMP by the Claims Amount of Two Million Three Hundred Ninety -Nine Thousand Four Hundred Thirty Dollars and No/100 ($2,399,430). The Final Completion Contract Date shall be the Effective Date of this Settlement Agreement 3. FINAL PAYMENT & RELEASE A. Notwithstanding the potential additional future work provided in Subsection 3(F), the GMP provided in this Settlement Agreement shall be the final payment by City for the Project and shall satisfy all past, current and future claims for compensation, damages, costs, expense, interest or demand for any type of payment by CM, its subcontractors, suppliers, as well as any other person or entity that relates in any way to the Claims, CM Contract, as amended, and/or the Project. The City authorizes its City Manager to execute all assignment, waiver and other agreements reasonably necessary to close out this Project, including, but not limited to, the assignment agreement for the installation of the NaturalPAVE material attached hereto as Exhibit B, and incorporated herein by reference. B. CM, for themselves and all of their predecessors, successors, assigns, representatives, attorneys, employees, officers, subcontractors, suppliers or agents (collectively, "CM"), do hereby fully and forever release and discharge City and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, contractors, subcontractors, suppliers or agents of and from any and all actions, claims, demands, rights, damages, costs, expenses, attorneys fees, expert fees, consultant fees, other fees, interest, and compensation of any nature whatsoever, which CM has or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claims, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related in any way to the Claims, CM Contract, as amended, and/or the Project. C. CM shall cause all stop notices and other claims filed against the Project to be released within fifteen (15) calendar days of the signing of this Settlement Agreement. CM and the City acknowledge and agree that money that is the subject of stop notice claims filed with the City that relate in any way to the Claims, CM Contract, as amended, and/or the Project shall be released in accordance with California law and after lawsuits filed by any contractor, subcontractor, supplier, or other person or entity, if any, that relates in any way to the Claims, CM Contract, as amended, and/or the Project have been dismissed with prejudice. Immediately upon CM's release, or securing the release, of all stop notice claims, the City shall release to CM the Project Retention and Claims Amount which is in the sum of Six Million, Nine Hundred Forty - Seven Thousand, Eight Hundred Fifty -Nine Dollars and 85/100 ($6,947,859.85). D. CM shall defend, indemnify, release and hold harmless the City from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature brought by any contractor, subcontractor, supplier, stop notice C.W. DRIVER, INC. Page 3 claimant, or employee, person, entity, agent, and/ or success or assign thereof, which may arise from or in any manner relate (directly or indirectly) to the Claims, CM Contract, as amended, and/or the Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by CM, the City, and/or the parties initiating or bringing such proceeding. Notwithstanding the foregoing, in no event do the defense and indemnity obligations set forth herein extend to claims or actions brought against the City by Soil Stabilization Products Company, Inc. ("SSPCo") or Blacktop Paving, Inc. if such actions are brought by SSPCo or Blacktop Paving, Inc. in response to an action brought against SSPCo or Blacktop Paving, Inc. by the City. E. It is the intention and understanding of CM, in executing this Settlement Agreement that it shall be effective as a full and final accord and satisfaction and compromise and release, of each and every settled or released matter related to the Claims, the CM Contract, as amended, and/or the Project. In furtherance of this intention, CM acknowledges that it is familiar with California Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspects to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." CM hereby expressly waives and/or relinquishes any right or benefit which it has, or might have, under California Civil Code Section 1542 and all other similar provisions of law of other jurisdictions to the fullest extent allowed by law. In connection with such compromise, waiver and relinquishment, CM acknowledges that it is aware that it may hereafter discover facts in addition to or different from those which it may now know or believe to be true with respect to the Claims, the CM Contract, as amended, and/or the Project and this Settlement Agreement, but that, except as is otherwise provided herein, it is CM's intention hereby to fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected, which do now exist, may exist, or heretofore have existed, and that in furtherance of such intention, the release actually given herein shall be and remain in effect as a full and complete general release, notwithstanding the discovery or existence of any such additional or different facts. F. As part of this Settlement Agreement, the parties agree as follows: i. The City accepts all of the work installed by CM as identified in the amended CM Contract, including all items identified on the Project's punch list, and accepts the Project as timely completed and delivered to the City by CM; ii. CM is not responsible for any on-going California Building Code issues (e.g., building roof trellis/canopy approval) or correctional work that is related to the final certificate of occupancy; C.W. DRIVER, INC. Page 4 iii. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to building or system maintenance investigation/issues/training, the costs of said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and pursuant to a valid contract; iv. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to mechanical, electrical, plumbing, building controls or security systems, the costs for said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and related subcontractor's current 2014 hourly rate schedule and pursuant to a valid contract; V. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to schedule analysis, documentation research, review and assembly as related to the City pursuing potential claims against the design professionals and consultants that performed services on the Project for the City, the costs for said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and pursuant to a valid contract; and vi. All current CM Contract warranties, subcontract warranties and manufacturers warranties shall remain in full force and effect in accordance with the CM Contract. 4. RESERVED 5. CONSTRUCTION This Settlement Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Settlement Agreement. Any uncertainty and ambiguity shall not be interpreted against any one party. This Settlement Agreement is to be performed in California and it is to be interpreted, enforced, and governed by and under the laws of the State of California. Language in all parts of this Settlement Agreement shall be in all cases construed as a whole according to its very meaning. 6. ATTORNEYS'FEES Should suit be brought to enforce or interpret any part of this Settlement Agreement or the CM Contract, as amended, the prevailing party shall not be entitled to recover attorneys' fees. Each of the parties is authorized to enter into this Settlement Agreement and has taken all actions to authorize its officers to enter into it and bind the parties, as evidenced by their signatures below. C.W. DRIVER, INC. Page 5 8. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms and covenants set forth in the CM Contract, as amended, shall remain unchanged and shall be in full force and effect. 9. NO ADMISSION OF LIABILITY This Settlement Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to effect the compromise and settlement of claims and defenses which are denied, disputed, and contested. Nothing contained herein shall be construed as an admission by any party of any liability of any kind to any other party, person or entity. 10. INVALID CLAUSE MAY BE SEVERED. If any provision, clause, or part of the Settlement Agreement is adjudged illegal, invalid or unenforceable, the balance of this Settlement Agreement shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: —* -L / 2 6 / By: Y Aaron . Harp City Attorney ATTEST: Date: By: "4k Leilani I. Brown City Clerk ,y L Attachments: Exhibit A: Exhibit B: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Rush N. Hill, II Mayor CM: C.W. DRIVER, INC., a California Corporation Dated Byl Dan its Pre ident Date: 3. 2 y- // 0 /� - By Be sie Kouvara Chief Financial Officer [END OF SIGNATURES] Claims List NaturalPAVE Assignment Agreement C.W. DRIVER, INC. Page 7 EXHIBIT A CLAIMS LIST C.W. Driver, Inc. Page A-1 Civic Center & Park Claims List 1/13/2014 Critchfield Mechanical - HVAC Original Claim Negotiated Claims by Sub -Contractor amount Amount Critchfield Mechanical - HVAC Claim for extended General Conditions $ 507,647 $ 250,000 Subtotal = $ 507,647 $ 250,000 Montbieau -Finish Carpentry Claim for extended General Conditions $ 473,059 $ 125,000 Subtotal= $ 473,059 $ 125,000 Park West - Landscapine Rejected Change Order- Detention Basin Soil $ 230,664 Rejected Change Order- Detention Basin Grading (Stice Co) $ 183,342 Claim for extended General Conditions $ 385,883 Claim for extended Maintenance $ 49,324 Rejected change Order - Additional Natural PAVE costs $ 235,346 Rejected Change Order - Substitute walkway concrete $ 165,763 Subtotal = $ 1,250,322 $ 561,572 Prefered - Ceiling Finishes Rejected Change Order - Revisions to overhead linear grilles $ 122,236 Rejected Change Order - Linear wood over presentation wall $ 13,312 Subtotal = $ 135,548 $ 115,000 SME -Structural Steel and Misc. Metals Claim for extended General Conditions $ 1,083,101 Claim for Design Assist costs $ 718,359 Rejected Change Order - additional deck supports $ 76,018 Rejected Change Order - additional plating and tabs $ 80,911 Rejected Change Order - Revisions to conduit hole sizes $ 39,549 Rejected Change Order - Revised skylight supports $ 42,433 Subtotal = $ 2,040,371 $ 1,350,000 Superior Wall Systems - Framing & Drywall Claim for loss of production due to schedule changes $ 477,877 $ 80,000 Subtotal = $ 477,877 $ 80,000 Tower Glass - Exterior Curtain Wail Claim for extended General Conditions $ 3,139,769 Rejected Change Order - Clerestory window operator covers $ 81,921 Rejected Change Order - Custom mounting bolts $ 97,451 Subtotal = $ 3,319,141 $ - Total = $ 8,203,965 $ 2,481,572 Credit for construction contingency balance = $ 82,142 Total = $ 2,399,430 EXHIBIT B C.W. Driver, Inc. Page B-1 ASSIGNMENT AGREEMENT This Assignment Agreement ("Assignment") is made as of February Z, 2014 ("Effective Date"), by and between Park West Landscape Inc., a California corporation, C.W. Driver, Inc., a. California corporation (collectively "Assignors") and the City of Newport Beach, a California municipal corporation and charter city ("Assignee"). Assignors and Assignee are sometimes hereinafter individually referred to as a "Party" and collectively as the "Parties". RECITALS. A. As part of the work performed pursuant to its agreement with C.W. Driver, Inc., Park West entered into a contract with Blacktop Paving, Inc., to install NaturalPave material, manufactured by Soil Stabilization Products Company, Inc. ("SSPCo"), in walking paths at Assignee's Newport Beach Civic Center and Park Project. B. A number of the NaturalPave walking paths are experiencing premature cracking and deterioration. C. Assignors desires to assign to Assignee any and all of their rights, title and interests that they have, or may have,. which is related in any way to the NaturalPave material or installation thereof including, but not limited to, any contractual or other claims Assignors may have against SSPCo, Blacktop Paving, Inc., and any other person or entity that is connected in any way to the manufacture, production or installation of the NaturalPave material at the Newport Beach Civic Center and Park Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 The Recitals set forth above are incorporated into and made part of this Assignment. 2.0 Upon the Effective Date of this Assignment, Assignors assign to Assignee all of their rights, title and interests they have, or may have, that is related in any way to the NaturalPave material or installation thereof including, but not limited to, any contractual or other claims Assignors may have against SSPCo, Blacktop Paving, Inc., and any other person or entity that is connected in any way to the manufacture, production or installation of the NaturalPave at the Newport Beach Civic Center and Park Project. Assignors also agree to cooperate with Assignee in the use or enforcement of this assignment and to take all steps necessary, including, but not limited to, the execution of future documents to effectuate this assignment and assist Assignee in the use or enforcement of the rights, title and interests assigned herein. Assignors represent and warrant that they have not assigned, released or otherwise diminished the rights, title and interests they are assigning to Assignee in this Assignment. 3.0 Assignee hereby accepts the assignment of Assignors' rights, title and. interests as set forth in Section 2.0 above. Assignee also releases Assignors from any claims it may have against them related to the NaturalPave material or installation. 4.0 This Assignment shall inure to the benefit of and be binding upon Assignors and Assignee and their respective heirs, executors, legal representatives, successors and assigns. If any provision of this Assignment or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Assignment and the application of such provisions to other persons or circumstances shall not be affected and shall be enforced to the greatest extent by law. This Assignment shall be interpreted, construed, and enforced according to the laws of the State of California. This Assignment may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument. 5.0 Each of the Parties is authorized to enter into this Assignment, and has taken all actions to authorize its officers to enter into it, as evidenced by their signatures below. [SIGNATURES ON FOLLOWING PAGES] 2 Assignors and Assignee have executed this Assignment the day and year first above written. ASSIGNORS: Park West Landscape Inc., a California corporation By: Its: �� By: Its: C.W. Driver, Inc., a California corporation By: a o erts P esi t Bessie Kouvara Its: Chief Financial Officer ASSIGNEE: City of Newport Beach, a California municipal corporation and charter city 3 ATTEST: 4 aim Leilani I. Brown City Clerk APPROVE FORM: r Q. Aaron C. City Attorney [END OF SIGNATURES] CITY OF NEWPORT BEACH February 28, 2014 Mr. Dana Roberts C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Dear Mr. Roberts Due to initial cracking of the originally specified material for the flexible pavement walk paths in the North, Central and South Park areas of the Newport Beach Civic Center and Park Project ("Project"), the City's landscape consultant, PWP Landscape, issued a letter to C.W. Driver, Inc. ("C.W. Driver") dated April 12, 2013 rejecting the Project -specified NaturalPAVE material and its installation. Subsequent to this, the City directed C.W. Driver and its landscape subcontractor, Park West Landscape, Inc. ("Park West"), to install the remaining walk path areas with the rejected NaturalPAVE material on April 12, 2013 so that all park areas would be ready for the City of Newport Beach's ("City") Grand Opening Celebration on May 4, 2013. Based upon the City's further observation of the Project -specified NaturalPAVE material over the past 9 —10 months, and the fact that there have not been any visible material failures or additional cracking of the NaturalPAVE material, the City now accepts the installation of the NaturalPAVE material as it is currently installed in all areas of the Project. As part of the City's acceptance of the NaturalPAVE material installed at the Project, the City agrees to waive all claims, and release C.W. Driver and Park West, from any and all liability related to material failures of the Project -specified NaturalPAVE material. As part of this acceptance (i) Park West and C.W. Driver agree to assign to the City any rights they have to pursue the NaturalPAVE material manufacturer, Soil Stabilization Products Company, Inc., Blacktop Paving, Inc. and/or other persons and entities for claims related to the NaturalPAVE product, and (ii) Park West agrees to perform a one-time patch of all currently cracked areas of the NaturalPAVE walk paths in the Central Park, east of the Project designated wetlands, as previously discussed and identified by C.W. Driver, Park West and the City (please see attached drawing for the limit of the scope of the patch work). The City's acceptance of the NaturaIPAVE material and installation, the terms recited above and the City's waiver and release of C.W. Driver and Park West shall become effective upon C.W. Driver's transmittal to the City of the assignment referenced above. Thank you, Dave Kiff City Manager Attachment City Hall • 100 Civic Center Drive s Post Office Box 1768 9 Newport Beach, California 92659-1768 STOP PAYMENT NOTICE TO: City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 9 — � FIVER PROJECT: Newport Beach Civic Center and Park Project, 1100 Avo %`AeNe, Beach, CA 92660 �.�OFriuE OF YOU ARE HEREBY NOTIFIED that the undersigned claimant Metal Sati . furnished materials/labor consisting of panels, to Tower Glass, Inc., 9570 PathwSte A'; Sane; CA 92071, the subcontractor to C.W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 and 468 N. Rosemead Blvd., Pasadena, CA 91107, the direct contractor, to be used and actually used in the work of improvement located as denoted above, and which was and is the whole of said services/materials agreed to be furnished by the claimant. The owner or reputed owner of the property is the The work was and is in the approximate sum of $244,897.38. There is now due and owing to the claimant for the account thereof, the sum of $54,897.38, after deducting all just credits and offsets, and the same has not been paid. WHEREFORE, the undersigned claims the benefit of the law given to laborers and material men under and by virtue of the provisions of Sections 8520 et. sec., and 9:50.ett.*., of the Civil Code of California and request that you withhold funds from C.W. Driver, ths w qYrect contractor, that may be or may become due it from said work to answer and pay the amount of, is aim, $54,897.38. Dated: March -1, 2013 Law offices of Dennis G. Cosso 414 S. First Avenue Arcadia, CA 91006 Dennis Cr Fpg. o, Attorney for Metal Sales & Service, Inc. P: 626 574-8000 F: 626 574-8081 email: "dccosso@sbcglobal.net" VERIFICATION I, Dennis G. Cosso declares as follows: I am an attorney/agent of Metal Sales & Service, Inc., the claimant named in the foregoing claim, and am authorized to make this verification for and on behalf f said claimant, and I make this verification for and on behalf of said claimant and I make this verification for that reason. I have read the foregoing claim and know the contents thereof and the same is true and contains, among other things, a correct statement of claimant demands after deducting all ju redits and offsets. I declare under penalty ofrjury under the laws of the State of Califo ' hat the foregoing is true and correct. Executed on March , 2013, at Arcadia, California. sso, Declarant IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT THE CLAIMANT DIRECTLY Metal Sales & Service, Inc. - 800 321-7816Date 3—,291-13 Copies Sent To: City Council City Manager ,pity Attorney Fil� r - STOP PAYMENT NOTICE TO: City of Newport Beach, 3300 Newport Blvd., Newport B�a� ECRUE(D; 3 r PROJECT: Newport Beach Civic Center and Park Project, l l?ffl*ail@ An2p,wport Beach, CA 92660 OFFICE OF YOU ARE HEREBY NOTIFIED that the undersigned claimant MetaT,;$at"(,tL$tvice, Inc., furnished materials/labor consisting of panels, to Tower Glass, Inc., 95700%4why' $ Santee, CA 92071, the subcontractor to C.W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 and 468 N. Rosemead Blvd., Pasadena, CA 91107, the direct contractor, to be used and actually used in the work of improvement located as denoted above, and which was and is the whole of said services/materials agreed to be furnished by the claimant. The owner or reputed owner of the property is the The work was and is in the approximate sum of $244,897.38. There is now due and owing to the claimant for the account thereof, the sum of $54,897.38, after deducting all just credits and offsets, and the same has not been paid. )WHEREFORE, the undersigned claims the benefit of the law given to laborers and material men under and by virtue of the provisions of Sections 8520 et. sec., and 9350 et�-i�ect , of the Civil Code of California and request that you withhold funds from C.W. Driver, the s ' contractor, that may be or may become due it from said work to answer and pay the amount ofd, is clim, $54,897.38. Dated: March %/j, 2013 Law offices of Dennis G. Cosso 414 S. First Avenue Arcadia, CA 91006 Dennis Qlfloso, Attorney for Metal Sales & Service, Inc. P: 626 574-8000 F: 626 574-8081 email: "dccosso@sbcglobal.net" VERIFICATION I, Dennis G. Cosso declares as follows: I am an attorney/agent of Metal Sales & Service, Inc., the claimant named in the foregoing claim, and am authorized to make this verification for and on behalf f said claimant, and I make this verification for and on behalf of said claimant and I make this verification for that reason. I have read the foregoing claim and know the contents thereof and the same is true and contains, among other things, a correct statement of claimant demands after deducting all ju redits and offsets. I declare under penalty ofrjury under the laws of the State of Califo ' hat the foregoing is true and correct. Executed on March L, 2013, at Arcadia, California. De is osso, Declarant IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT THE CLAIMANT DIRECTLY Metal Sales & Service, Inc. - 800 321-7816 Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement 464 W. 4th Street Room #348 San Bernardino, CA 92401 (909)383-7408 FAX: (909) 383-6397 City of Newport Beach, Public Works Department 1: 3300 Newport Boulevard Newport Beach, CA 92653 Attn: Stephen G. Badum, City Clerk DATE: OR V _5 In Reply Refer to Case No: 40-31761-537 — NOTICE OF COMPLAINT CLOSED The complaint against the above-named contractor(s) is being closed for the following reason(s): 0", satisfactorily aid all prevailing wages and/or penalties found due. < V Subject firm has sates y p ❑The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through 1861) has expired. Information for claimant please note: There are other legal claims which you may still pursue even though -the statute of limitations has expired for the Labor Commissioner to enforce the public work provisions of the Labor Code. You may want to review the California Court of Appeals decision in the case of Tippett v Terich (1995), 37 Cal.AppAth 1517, 44Cal.Rptr.2d 862 and/or consult with an attorney to determine if you may pursue any of the legal actions discussed in the Tippett v Terich decision. �X There is insufficient evidence to confirm California Public Work Law was violated. Subject firm was not within the jurisdiction of California Public Work Law on this project. D Other: STATE LABOR COMMISSIONER By C,O OCT t' �� REC D Sarah Cheung Deputy Labor Commissioner PW 22 (Revind-4/2002) CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 16. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager— (949) 644-3002, dkiff@newportbeachca.gov PREPARED BY: Stephen Badum PHONE:. 949-644-3002 TITLE: Claims Settlement - C.W. Driver, Bohlin Cywinski Jackson, and City ABSTRACT: The proposed Settlement Agreement and General Release resolves in final form all outstanding claims made by certain sub -contractors to C.W. Driver for the Civic Center and Park Project. RECOMMENDATION: Approve the Settlement Agreement and General Release, in substantially the same form as that staff report attachment, with C.W. Driver, in the amount of $2,399,430 (net new cost to City of $2.19M). FUNDING REQUIREMENTS: If approved, the expenditure will be drawn from the General Liability Fund. DISCUSSION: The Civic Center and Park project was substantially completed in April 2013 by C.W. Driver. Bohlin Cywinski Jackson (BCJ) has been the lead project architect, with several subcontractors working under BCJ. The City has been largely satisfied with the completed project, which included a city hall, parking structure, 14 -acre park, dog park, pedestrian bridge, stormwater detention facility, and expansion of the Central Library. The project has won honors for its energy efficiency and advanced design. The partnership between CW Driver, BCJ, and the City has been a strong one, with cooperation all throughout the over five years (2008 to 2013) of the projects design, construction, and completion. Since completion, several sub -contractors to C.W. Driver submitted claims requesting payment for change orders that were previously rejected by the City and for extended general conditions due to alleged delays. The total claims submitted to C. W. Driver totaled over $9M. Stop payment notices were also filed in the amount of $8.2 million. The City is currently holding the project retention of $4,548,429.85 from CW Driver. C.W. Driver has been negotiating with the various sub -contractors to reduce or eliminate the various claims. Recognizing that the project was contracted as a Construction Manager at Risk contract, C.W. Driver has proposed absorbing a major portion of the cost to settle these claims. They are proposing that the City provide a portion of the claims settlement cost. A breakdown of the proposed City share of the claim settlement is shown as Attachment A. The City Attorney's office and project staff have reviewed the various claims and feel that many of the claims are unwarranted. However, further litigation on these matters would likely balloon the claims costs further and cost significant resources as the claims are administered to fully review and analyze responsibility. Including legal expenses, the cost of an unfavorable judgment or arbitration action could expose the City to up to $8 million in expenses. With that potential risk in mind, Staff reluctantly recommends that the attached settlement agreement (Attachment B) be executed by City Council. Unfortunately, having claims at the end of a large construction project such as this one is fairly typical. Resolving these types of claims through a settlement agreement is always challenging to swallow, but the alternative legal actions can take years to resolve and will ultimately cost the City more in lost staff time and legal costs. The City is fortunate that we elected to construct the Civic Center and Park utilizing a Construction Manager at Risk delivery method, so much of the claims settlement expense falls on C.W. Driver. The final settlement amount represents about 2% of the overall construction amount ($112,833,339) and a smaller percentage of the "all -in" costs of the project if costs are included from 2008-09 onward ($139,939,969). Therefore, while distasteful, the proposed settlement is likely to be a sound business decision. Proposed Settlement The execution of the agreement settles all claims and protects the City from any future claims associated with the construction contract. In general the agreement includes: • Payment of $2,399,430 to C. W. Driver representing the City's share to settle all outstanding claims (net new cost to City = $2,199,430); • C.W. Driver will secure all Stop Payment notice releases so that the City may immediately release the project retention to C. W. Driver; • Acceptance of the project as it currently exists with the City assuming responsibility to secure the final certificate of occupancy (several small issues remain to be resolved and will be completed within the next few weeks by staff); and • Assignment of any rights to pursue the manufacturer of NaturalPAVE relating to park walkways. More about the'NaturalPAVE' material issue The paving material, NaturalPAVE, for the Park and some of the Civic Center walkways is a flexible paving product that is suitable for ADA compliant walkways with the appearance of decomposed granite. It was specified by our Landscape Architect, Peter Walker Partners. The material is manufactured by Soil Stabilization Product Co and it was installed by Park West's subcontractor, Blacktop Paving, who was the manufacturer certified installer for the NaturalPAVE product. Near the completion of the walkway installation, we observed cracking issues on some of the walkway areas within the park. Subsequent investigation indicated a potential material failure, but the manufacturer insisted that their product met the product specifications and claimed improper installation. Staff has observed that the cracking of the park walkways has not degraded further and no new areas of concern have appeared. As a part of their portion of the settlement, Park West has agreed to repair some of the walkways at their cost and their rights to pursue the manufacturer we be assigned to the City. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Name: D 14-02-19 Attachment A - Chart.odf D CW Driver Inc. Settlement Aareement.odf Description: Summary of Claims Proposed Settlement Agreement w/3 Exhibits Attachment A — Summary of Claims Subcontractor & Associated Work Scope Claim Amount City Hall and Library Addition Critchfield Mechanical — HVAC $250.000 Montbleau &,Associates — Finish Carpentry $125.000 Preferred Ceilings — Ceiling Finishes $115.000 SME Steel — Structural Steel & Misc_ metals $1.350.000 Superior Wall Systems — Interior wall framing and dnrwall $80 000 Subtotal City, Nall acid Library Addition $1.920000 Retention Basin and Grounds Park West — Detention Basin and Landscape $561.572 Subiotal Detention Baan, and Grounds $561.572 Total Claims SettlementAmount $2.481,572 Less allocated project contingency ($82 142: Final Settlement Amount $2.399.430 Contribution from BCJ Fee 3;$200 0001 Net New Cost to City $2,199.430 SETTLEMENT AGREEMENT AND GENERAL RELEASE WITH C.W. DRIVER, INC. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Settlement Agreement"), is entered into as of this day of February, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM Contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center, to increase the GMP by $82,374,384 for a total GMP of $104,306,931; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCI P"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931 utilizing $1,000,000 of the Owner's Contingency along with $1,000,000 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of Project signing and the installation of dry utilities modifications to increase the GMP by $476,281 for a total GMP of $105,783,212. On October 23, 2012, City and CM entered into Amendment No. Five to the CM Contract ("Amendment No. Five") for additional services not included in the CM Contract or prior amendments for Library Clerestory repair to increase the GMP by $720,913 for a total GMP of $106,504,125. G. On October 9, 2013 City and CM entered in Amendment No. Six to the CM Contract ("Amendment No. Six") for additional services not included in the CM Contract, or prior amendments for extended general conditions and to increase the GMP by $1,400,000 for a total GMP of $107,904,125. H. CM has submitted a claim for $8,203,965 for, among other things, alleged extra work performed by CM's contractors, subcontractors and suppliers, on the Project, as well as delays which impacted CM's contractors, subcontractors, and suppliers on the Project ("Claims"), A detailed list of the Claims is set forth in Exhibit A hereto and incorporated herein by this reference. For purposes of avoiding legal proceedings related to the Claims, City and CM desire to enter into this Settlement Agreement for additional services not included in the CM Contract, or prior amendments, to provide a release of all claims associated in any way with the Project, and to increase the GMP by $2,399,430 for a total GMP of $110,303,555. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include this Settlement Agreement. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred and Ten Million Three Hundred Three Thousand Five Hundred Fifty -Five Dollars and 00/100 ($110,303,555) ("Final Contract Amount"), an increase in the GMP by Two Million Three Hundred Ninety -Nine Thousand Four Hundred Thirty Dollars and No/100 ($2,399,430), within three (3) business days of the execution of this Settlement Agreement by the City and CM. The Final Completion Contract Date shall be the Effective Date of this Settlement Agreement 3. FINAL PAYMENT & RELEASE A. Notwithstanding the potential additional future work provided in Subsection 3(F), the GMP provided in this Settlement Agreement shall be the final payment by City for the Project and shall satisfy all past, current and future claims for compensation, damages, costs, expense, interest or demand for any type of payment C.W. DRIVER, INC. Page 2 by CM, its subcontractors, suppliers, as well as any other person or entity that relates in any way to the Claims, CM Contract, as amended, and/or the Project. The City authorizes its City Manager to execute all assignment, waiver and other agreements reasonably necessary to close out this Project, including, but not limited to, the assignment agreement for the installation of the NaturalPAVE material attached hereto as Exhibit B, and incorporated herein by reference. B. CM, for themselves and all of their predecessors, successors, assigns, representatives, attorneys, employees, officers, subcontractors, suppliers or agents (collectively, "CM"), do hereby fully and forever release and discharge City and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, contractors, subcontractors, suppliers or agents of and from any and all actions, claims, demands, rights, damages, costs, expenses, attorneys fees, expert fees, consultant fees, other fees, interest, and compensation of any nature whatsoever, which CM has or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claims, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related in any way to the Claims, CM Contract, as amended, and/or the Project. C. CM shall cause all stop notices and other claims filed against the Project to be released within fifteen (15) calendar days of the signing of this Settlement Agreement. CM and the City acknowledge and agree that money that is the subject of stop notice claims filed with the City that relate in any way to the Claims, CM Contract, as amended, and/or the Project shall be released in accordance with California law and after lawsuits filed by any contractor, subcontractor, supplier, or other person or entity, if any, that relates in any way to the Claims, CM Contract, as amended, and/or the Project have been dismissed with prejudice. D. CM shall defend, indemnify, release and hold harmless the City from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature brought by any contractor, subcontractor, supplier, stop notice claimant, or employee, person, entity, agent, and/ or success or assign thereof, which may arise from or in any manner relate (directly or indirectly) to the Claims, CM Contract, as amended, and/or the Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by CM, the City, and/or the parties initiating or bringing such proceeding. E. It is the intention and understanding of CM, in executing this Settlement Agreement that it shall be effective as a full and final accord and satisfaction and compromise and release, of each and every settled or released matter related to the Claims, the CM Contract, as amended, and/or the Project. In furtherance of this C.W. DRIVER, INC. Page 3 intention, CM acknowledges that it is familiar with California Civil Code Section 1542 which provides as follows: °A general release does not extend to claims which the creditor does not know or suspects to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." CM hereby expressly waives and/or relinquishes any right or benefit which it has, or might have, under California Civil Code Section 1542 and all other similar provisions of law of other jurisdictions to the fullest extent allowed by law. In connection with such compromise, waiver and relinquishment, CM acknowledges that it is aware that it may hereafter discover facts in addition to or different from those which it may now know or believe to be true with respect to the Claims, the CM Contract, as amended, and/or the Project and this Settlement Agreement, but that, except as is otherwise provided herein, it is CM's intention hereby to fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected, which do now exist, may exist, or heretofore have existed, and that in furtherance of such intention, the release actually given herein shall be and remain in effect as a full and complete general release, notwithstanding the discovery or existence of any such additional or different facts. F. As part of this Settlement Agreement, the parties agree as follows: I. The City accepts all of the work installed by CM as identified in the CM Contract, including all items identified on the Project's punch list; ii. CM is not responsible for any on-going California Building Code issues (e.g., building roof trellis/canopy approval) or correctional work that is related to the final certificate of occupancy; iii. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to building or system maintenance investigation/issues/training, the costs of said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and pursuant to a valid contract; iv. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to mechanical, electrical, plumbing, building controls or security systems, the costs for said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and related subcontractor's current 2014 hourly rate schedule and pursuant to a valid contract; V. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to schedule analysis, documentation research, review and assembly as related to the City pursuing potential claims against C.W. DRIVER, INC. Page 4 parties that performed services on the Project, the costs for said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and pursuant to a valid contract; and vi. All current CM Contract warranties, subcontract warranties and manufacturers warranties shall remain in full force and effect in accordance with the CM Contract. 4. ASSIGNMENT OF RIGHTS CM warrants and agrees that CM will assign to the City, and that CM will obtain assignments to the City from its contractors, subcontractors, suppliers, as well as any other person or entity that provided supplies, services, and/or work on the Project, an assignment of all rights that each of them have, may have, or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claims, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related in any way to the Claims, CM Contract, as amended, and/or the Project including, but not limited to, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature for alleged extra work, delays, or otherwise, that relate to work, services and/or supplies provided to the Project that are associated in any way with the work or services performed by Architect, Bohlin Cywinski Jackson, a Pennsylvania corporation ('BCJ"), BCJ's contractors, subcontractors, or anyone performing work on BCJ's behalf. All assignments required under this section shall be delivered to City within sixty (60) calendar days of the execution of this Settlement Agreement, in a form substantially similar to that form attached as Exhibit "C" hereto and incorporated herein by reference. 5. CONSTRUCTION This Settlement Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Settlement Agreement. Any uncertainty and ambiguity shall not be interpreted against any one party. This Settlement Agreement is to be performed in California and it is to be interpreted, enforced, and governed by and under the laws of the State of California. Language in all parts of this Settlement Agreement shall be in all cases construed as a. whole according to its very meaning. 6. ATTORNEYS' FEES Should suit be brought to enforce or interpret any part of this Settlement Agreement or the CM Contract, as amended, the prevailing party shall not be entitled to recover attorneys' fees. C.W. DRIVER, INC. Page 5 7. AUTHORITY Each of the parties is authorized to enter into this Settlement Agreement and has taken all actions to authorize its officers to enter into it and bind the parties, as evidenced by their signatures below. 8. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms and covenants set forth in the CM Contract, as amended, shall remain unchanged and shall be in full force and effect. 9. NO ADMISSION OF LIABILITY This Settlement Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to effect the compromise and settlement of claims and defenses which are denied, disputed, and contested. Nothing contained herein shall be construed as an admission by any party of any liability of any kind to any other party, person or entity. 10. INVALID CLAUSE MAYBE SEVERED. If any provision, clause, or part of the Settlement Agreement is adjudged illegal, invalid or unenforceable, the balance of this Settlement Agreement shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation By: Rush N. Hill, II Mayor CM: C.W. DRIVER, INC., a California Corporation Date: Dana Roberts President Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A: Claims List Exhibit B: NaturalPAVE Assignment Agreement Exhibit C: Sample Assignment Form C.W. DRIVER, INC. Page 7 EXHIBIT A CLAIMS LIST C.W. Driver, Inc. Page A-1 Civic Center & Park Claims List 01/13/2014 I Original Claim Negotiated I Claims by Sub -Contractor amount Amount Critchfield Mechanical - HVAC Claim for extended General Conditions $ 507,647 $ 250,000 Subtotal = $ 507,647 $ 250,000 Montbleau -Finish Carpentry 80,911 Rejected Change Order- Revisions to conduit hole sizes $ 39,549 Claim for extended General Conditions $ 473,059 $ 125,000 Subtotal = $ 473,059 $ 125,000 Park West - Landscapin¢ 477,877 $ 80,000 Subtotal= $ 477,877 $ 80,000 Rejected Change Order- Detention Basin Soil $ 230,664 Rejected Change Order- Detention Basin Grading (Stice Co) $ 183,342 Claim for extended General Conditions $ 385,883 Claim for extended Maintenance $ 49,324 Rejected change Order -Additional Natural PAVE costs $ 235,346 Rejected Change Order - Substitute walkway concrete $ 165,763 Subtotal = $ 1,250,322 $ 561,572 Prefered - Ceiling Finishes Rejected Change Order - Revisions to overhead linear grilles $ 122,236 Rejected Change Order - Linear wood over presentation wall $ 13,312 Subtotal= $ 135,548 $ 115,000 SME -Structural Steel and Misc. Metals Claim for extended General Conditions $ 1,083,101 Claim for Design Assist costs $ 718,359 Rejected Change Order- additional deck supports $ 76,018 Rejected Change Order- additional plating and tabs $ 80,911 Rejected Change Order- Revisions to conduit hole sizes $ 39,549 Rejected Change Order - Revised skylight supports $ 42,433 Subtotal = $ 2,040,371 $ 1,350,000 Superior Wall Systems - Framing & Drywall $ 82,142 Claim for loss of production due to schedule changes $ 477,877 $ 80,000 Subtotal= $ 477,877 $ 80,000 Tower Glass - Exterior Curtain Wall Claim for extended General Conditions $ 3,139,769 Rejected Change Order - Clerestory window operator covers $ 81,921 Rejected Change Order - Custom mounting bolts $ 97,451 Subtotal = $ 3,319,141 $ - Total = $ 8,203,965 $ 2,481,572 Credit for construction contingency balance = $ 82,142 Total = $ 2,399,430 EXHIBIT B NATURALPAVE ASSIGNMENT AGREEMENT C.W. Driver, Inc. Page B-1 ASSIGNMENT AGREEMENT This Assignment Agreement ("Assignment") is made as of February _, 2014 ("Effective Date"), by and between Park West Landscape Inc., a California corporation, C.W. Driver, Inc., a California corporation (collectively "Assignors") and the City of Newport Beach, a California municipal corporation and charter city ("Assignee"). Assignors and Assignee are sometimes hereinafter individually referred to as a "Party' and collectively as the "Parties". RECITALS. A. As part of the work performed pursuant to its agreement with C.W. Driver, Inc., Park West entered into a contract with Blacktop Paving, Inc., to install NaturalPave material, manufactured by Soil Stabilization Products Company, Inc. ("SSPCo"), in walking paths at Assignee's Newport Beach Civic Center and Park Project. B. A number of the NaturalPave walking paths are experiencing premature cracking and deterioration. C. Assignors desires to assign to Assignee any and all of their rights, title and interests that they have, or may have, which is related in any way to the NaturalPave material or installation thereof including, but not limited to, any contractual or other claims Assignors may have against SSPCo, Blacktop Paving, Inc., and any other person or entity that is connected in any way to the manufacture, production or installation of the NaturalPave material at the Newport Beach Civic Center and Park Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 The Recitals set forth above are incorporated into and made part of this Assignment. 2.0 Upon the Effective Date of this Assignment, Assignors assign to Assignee all of their rights, title and interests they have, or may have, that is related in any way to the NaturalPave material or installation thereof including, but not limited to, any contractual or other claims Assignors may have against SSPCo, Blacktop Paving, Inc., and any other person or entity that is connected in any way to the manufacture, production or installation of the NaturalPave at the Newport Beach Civic Center and Park Project. Assignors also agree to cooperate with Assignee in the use or enforcement of this assignment and to take all steps necessary, including, but not limited to, the execution of future documents to effectuate this assignment and assist Assignee in the use or enforcement of the rights, title and interests assigned herein. Assignors represent and warrant that they have not assigned, released or otherwise diminished the rights, title and interests they are assigning to Assignee in this Assignment. 3.0 Assignee hereby accepts the assignment of Assignors' rights, title and interests as set forth in Section 2.0 above. Assignee also releases Assignors from any claims it may have against them related to the NaturalPave material or installation. 4.0 This Assignment shall inure to the benefit of and be binding upon Assignors and Assignee and their respective heirs, executors, legal representatives, successors and assigns. If any provision of this Assignment or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Assignment and the application of such provisions to other persons or circumstances shall not be affected and shall be enforced to the greatest extent by law. This Assignment shall be interpreted, construed, and enforced according to the laws of the State of California. This Assignment may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument. 5.0 Each of the Parties is authorized to enter into this Assignment, and has taken all actions to authorize its officers to enter into it, as evidenced by their signatures below. [SIGNATURES ON FOLLOWING PAGES] Assignors and Assignee have executed this Assignment the day and year first above written. ASSIGNORS: Park West Landscape Inc., a California corporation By: Its: By: Its: C.W. Driver, Inc., a California corporation By: Its: By: Its: ASSIGNEE: City of Newport Beach, a California municipal corporation and charter city By: Name: Title: 3 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: Aaron C. Harp City Attorney [END OF SIGNATURES] 0 EXHIBIT C SAMPLE ASSIGNMENT AGREEMENT This Assignment Agreement ("Assignment") is made as of , 2014 ("Effective Date"), by and between ("Assignors") and the City of Newport Beach, a California municipal corporation and charter city ("Assignee"). Assignors and Assignee are sometimes hereinafter individually referred to as a "Party' and collectively as the "Parties". RECITALS. A. As part of the work performed pursuant to its agreement with C.W. Driver, Inc., performed the following work at Assignee's Newport Beach Civic Center and Park Project ("Project") B. As part of the work performed on the Project, may have experienced delays or extra costs attributable to C.W. Driver, Inc., Bohlin Cywinski Jackson ('BCY) and/or the Assignee (collectively, "Project Parties"). C. Assignors desires to assign to Assignee any and all of their rights, title and interests that they have, or may have against the Project Parties, which is related in any way to the Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 The Recitals set forth above are incorporated into and made part of this Assignment. 2.0 Upon the Effective Date of this Assignment, Assignors assign to Assignee all of their rights, title and interests they have, or may have, that is related in any way to the Project including, but not limited to, any contractual or other claims Assignors may have against the Project Parties, and any other person or entity that is connected in any way to the Project, Assignors also agree to cooperate with Assignee in the use or enforcement of this assignment and to take all steps necessary, including, but not limited to, the execution of future documents to effectuate this assignment and assist Assignee in the use or enforcement of the rights, title and interests assigned herein. Assignors represent and warrant that they have not assigned, released or otherwise diminished the rights, title and interests they are assigning to Assignee in this Assignment. 3.0 Assignee hereby accepts the assignment of Assignors' rights, title and interests as set forth in Section 2.0 above. 4.0 This Assignment shall inure to the benefit of and be binding upon Assignors and Assignee and their respective heirs, executors, legal representatives, successors and assigns. If any provision of this Assignment or the application thereof C.W. DRIVER, INC. Page 2 to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Assignment and the application of such provisions to other persons or circumstances shall not be affected and shall be enforced to the greatest extent by law. This Assignment shall be interpreted, construed, and enforced according to the laws of the State of California. This Assignment may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument. 5.0 Each of the Parties is authorized to enter into this Assignment, and has taken all actions to authorize its officers to enter into it, as evidenced by their signatures below. Assignors and Assignee have executed this Assignment the day and year first above written. ASSIGNORS: By: Its: By: Its: ASSIGNEE: Dave Kiff City Manager ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: Aaron C. Harp City Attorney [END OF SIGNATURES] C.W. DRIVER, INC. Page 3 "RECEIVED AFTER AGENDA PRINTED:" 11CM cella FEQ,RV ARy 25 �201y SETTLEMENT AGREEMENT AND GENERAL RELEASE WITH C.W. DRIVER, INC. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Settlement Agreement"), is entered into as of this 25 day of February, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM Contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the GMP by $82,374,384 for a total GMP of $104,306,931; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCI P"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931 utilizing $1,000,000 of the Owner's Contingency along with $1,000,000 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of Project signing and the installation of dry utilities modifications to increase the GMP by $476,281 for a total GMP of $105,783,212. F. On October 23, 2012, City and CM entered into Amendment No. Five to the CM Contract ("Amendment No. Five") for additional services not included in the CM Contract or prior amendments for Library Clerestory repair to increase the GMP by $720,913 for a total GMP of $106,504,125. G On June 11 2013 the City Council authorized the City Manager to negotiate and execute change orders in the not -to -exceed amount of $6,500,000. Additionally, CM expended $65,005 to repair storm damage from the winter of 2010/11. The cost to perform the work was reimbursed by FEMA and the funds were added to the contingency which increased the maximum change order amount to $6,565,005. The City Manager has approved $6,562,627 in change orders which increases the total GMP to $113,066,752. F�H_On October 9, 2013 City and CM entered in Amendment No. Six to the CM Contract ("Amendment No. Six") for additional services not included in the CM Contract, or prior amendments for extended general conditions and to increase the GMP by $1,400,000 for a total GMP of $114,466,752407-,904472-5. I. CM has submitted a claim for $8,203,965 for, among other things, alleged extra work performed by CM's contractors, subcontractors and suppliers, on the Project, as well as delays which impacted CM's contractors, subcontractors, and suppliers on the Project ("Claims"). A detailed list of the Claims is set forth in Exhibit A hereto and incorporated herein by this reference. G.J.As part of the Proiect City is currently holding a retention of $4,548,429.85 ("Proiect Retention") pending the release of all stop notices and claims. H-.K.For purposes of avoiding legal proceedings related to the Claims, City and CM desire to enter into this Settlement Agreement for additional services not included in the CM Contract, or prior amendments, to provide a release of all claims associated in any way with the Project, and to increase the GMP by $2,399,430 ("Claims Amount") for a total GMP of $116,866,182418,303 655. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include this Settlement Agreement. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred and SixteenTea Million ghtTh4:ee Hundred Sixty-SixT44ree Thousand One€+ve Hundred Eighty-Two€i#ty-F+ve Dollars and 00/100 ($116.866,182440,303&55) C.W. DRIVER, INC. Page 2 ("Final Contract Amount"), an increase in the GMP by the Claims Amount of Two Million Three Hundred Ninety -Nine Thousand Four Hundred Thirty Dollars and No/100 ($2,399,430)_—withi^ + usiaess—days Of the e*esutieR Gf this—Settlerne,t h„ the G,+„ and me The Final Completion Contract Date shall be the Effective Date of this Settlement Agreement 3. FINAL PAYMENT & RELEASE A. Notwithstanding the potential additional future work provided in Subsection 3(F), the GMP provided in this Settlement Agreement shall be the final payment by City for the Project and shall satisfy all past, current and future claims for compensation, damages, costs, expense, interest or demand for any type of payment by CM, its subcontractors, suppliers, as well as any other person or entity that relates in any way to the Claims, CM Contract, as amended, and/or the Project. The City authorizes its City Manager to execute all assignment, waiver and other agreements reasonably necessary to close out this Project, including, but not limited to, the assignment agreement for the installation of the NaturalPAVE material attached hereto as Exhibit B, and incorporated herein by reference. B. CM, for themselves and all of their predecessors, successors, assigns, representatives, attorneys, employees, officers, subcontractors, suppliers or agents (collectively, "CM"), do hereby fully and forever release and discharge City and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, contractors, subcontractors, suppliers or agents of and from any and all actions, claims, demands, rights, damages, costs, expenses, attorneys fees, expert fees, consultant fees, other fees, interest, and compensation of any nature whatsoever, which CM has or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claims, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related in any way to the Claims, CM Contract, as amended, and/or the Project. C. CM shall cause all stop notices and other claims filed against the Project to be released within fifteen (15) calendar days of the signing of this Settlement Agreement. CM and the City acknowledge and agree that money that is the subject of stop notice claims filed with the City that relate in any way to the Claims, CM Contract, as amended, and/or the Project shall be released in accordance with California law and after lawsuits filed by any contractor, subcontractor, supplier, or other person or entity, if any, that relates in any way to the Claims, CM Contract, as amended, and/or the Project have been dismissed with prejudice._ Immediately upon CM's release, or securing the release, of all stop notice claims, the City shall release to CM the Proiect Retention and Claims Amount which is in the sum of Six Million, Nine Hundred Forty Seven Thousand, Eight Hundred Fiftv-Nine Dollars and 85/100 ($6,947,859.85). D. CM shall defend, indemnify, release and hold harmless the City from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses C.W. DRIVER, INC. Page 3 (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature brought by any contractor, subcontractor, supplier, stop notice claimant, or employee, person, entity, agent, and/ or success or assign thereof, which may arise from or in any manner relate (directly or indirectly) to the Claims, CM Contract, as amended, and/or the Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by CM, the City, and/or the parties initiating or bringing such proceeding. Notwithstanding the foregoing, in no event do the defense and indemnity obligations set forth herein extend to claims or actions brought against the City by Soil Stabilization Products Company Inc. ("SSPCo") or Blacktop Paving, Inc. if such actions are brought by SSPCo or Blacktop Paving, Inc. in response to an action brought against SSPCo or Blacktop Paving, Inc. by the City. E. It is the intention and understanding of CM, in executing this Settlement Agreement that it shall be effective as a full and final accord and satisfaction and compromise and release, of each and every settled or released matter related to the Claims, the CM Contract, as amended, and/or the Project. In furtherance of this intention, CM acknowledges that it is familiar with California Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspects to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." CM hereby expressly waives and/or relinquishes any right or benefit which it has, or might have, under California Civil Code Section 1542 and all other similar provisions of law of other jurisdictions to the fullest extent allowed by law. In connection with such compromise, waiver and relinquishment, CM acknowledges that it is aware that it may hereafter discover facts in addition to or different from those which it may now know or believe to be true with respect to the Claims, the CM Contract, as amended, and/or the Project and this Settlement Agreement, but that, except as is otherwise provided herein, it is CM's intention hereby to fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected, which do now exist, may exist, or heretofore have existed, and that in furtherance of such intention, the release actually given herein shall be and remain in effect as a full and complete general release, notwithstanding the discovery or existence of any such additional or different facts. F. As part of this Settlement Agreement, the parties agree as follows: L The City accepts all of the work installed by CM as identified in the amended CM Contract, including all items identified on the Project's punch list, and accepts the Protect as timely completed and delivered to the City by CM; C.W. DRIVER, INC. Page 4 ii. CM is not responsible for any on-going California Building Code issues (e.g., building roof trellis/canopy approval) or correctional work that is related to the final certificate of occupancy; iii. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to building or system maintenance investigation/issues/training, the costs of said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and pursuant to a valid contract; iv. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to mechanical, electrical, plumbing, building controls or security systems, the costs for said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and related subcontractor's current 2014 hourly rate schedule and pursuant to a valid contract; V. Following execution of this Settlement Agreement, if the City requests, in writing, any additional services related to schedule analysis, documentation research, review and assembly as related to the City pursuing potential claims against the design professionals and consultants- that performed services on the Project for the Citv, the costs for said requests shall be reimbursed to CM on an hourly basis in accordance with CM's current 2014 hourly rate schedule and pursuant to a valid contract; and vi. All current CM Contract warranties, subcontract warranties and manufacturers warranties shall remain in full force and effect in accordance with the CM Contract. C.W. DRIVER, INC. Page 5 ,. C.W. DRIVER, INC. Page 5 5. CONSTRUCTION This Settlement Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Settlement Agreement. Any uncertainty and ambiguity shall not be interpreted against any one party. This Settlement Agreement is to be performed in California and it is to be interpreted, enforced, and governed by and under the laws of the State of California. Language in all parts of this Settlement Agreement shall be in all cases construed as a whole according to its very meaning. 6. ATTORNEYS'FEES Should suit be brought to enforce or interpret any part of this Settlement Agreement or the CM Contract, as amended, the prevailing party shall not be entitled to recover attorneys' fees. 7. AUTHORITY Each of the parties is authorized to enter into this Settlement Agreement and has taken all actions to authorize its officers to enter into it and bind the parties, as evidenced by their signatures below. 8. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms and covenants set forth in the CM Contract, as amended, shall remain unchanged and shall be in full force and effect. 9. NO ADMISSION OF LIABILITY This Settlement Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to effect the compromise and settlement of claims and defenses which are denied, disputed, and contested. Nothing contained herein shall be construed as an admission by any party of any liability of any kind to any other party, person or entity. 10. INVALID CLAUSE MAY BE SEVERED. If any provision, clause, or part of the Settlement Agreement is adjudged illegal, invalid or unenforceable, the balance of this Settlement Agreement shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: By: Aaron C. Harp Rush N. Hill, II City Attorney Mayor ATTEST: CM: C.W. DRIVER, INC., a California Date: Corporation By: By: Leilani I. Brown Dana Roberts City Clerk President Date: By: Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A: Claims List Exhibit B: NaturalPAVE Assignment Agreement Exhibit C nye Assignment Form C.W. DRIVER, INC. Page 7 EXHIBIT A CLAIMS LIST C.W. Driver, Inc. Page A-1 EXHIBIT B NATURALPAVE ASSIGNMENT AGREEMENT C.W. Driver, Inc. Page B-1 C.W. DRIVER, INC. Page 3 RECEIVED Release of California Public Workggt Notice 2012 AN 3? All 9� i To: CITY OF NEWPORT BEACH OFFf,E OF PUBLIC WORKS DEPARTMENT R -'E Cir( CLERK P. o. BOX 1768 GTy nOr .- i;='-'r'PORT BE0 NEWPORT BEACH, CA 92658 To: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663�a— To: C. W. DRIVER, INC. Conies Sent To: 468 N. ROSEMEAD BOULEVARD City Council PASADENA, CA 91107 ,ity Manager �_ City Attorney To: CONSTRUCTION CO.. INC. 8195BOMELE 8195 E. KAISER BOULEVARD ANAHEIM HILLS, CA 92808 To: REBAR ENGINEERING, INC. 10706 PAINTER AVENUE SANTA FE SPRINGS, CA 90670 (ACCT. # 1859336) You are hereby notified that the undersigned claimant releases it's stop notice in the amount of $2,790.72 in full on the public works project referred to as NEWPORT BEACH CIVIC CENTER & PARK PROJECT, 1100 AVOCADO DRIVE, NEWPORT BEACH, CA 92660, against the CITY OF NEWPORT BEACH as public body and/or owner of the project and C. W. DRIVER INC. as the general contractor, for equipment rented to REBAR ENGINEERING INC. (ACCOUNT # 1859336) in connection with the work of improvement. January 19, 2012 zo Allison Simmons, Lien/Bond Analyst Hertz Equipment Rental Corp. 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 (405) 775-4580 asimmons@hertz.com CALIFORNIA PUBLIC WORKS $T@ �7� To: CITOF NEWPORT BEACH II �� L- PULIC WORKS DEPARTMENT 2012 JAN 12 AM R. 49 P. ( BOX 1768 NEIPORT BEACH, CA 92658 Q=; CE OF To: CIT OF NEWPORT BEACH )1" i -;-N CL EPK Cin B fiCH 330 NEWPORT BOULEVARD yl'�RT NEVPORT BEACH, CA 92663 To: C. V. DRIVER, INC. 468 N. ROSEMEAD BOULEVARD PASADENA, CA 91107 To: SONEL CONSTRUCTION CO., INC. 8195 E. KAISER BOULEVARD ANAHEIM HILLS, CA 92808 To: REBAR ENGINEERING INC. 10706 PAINTER AVENUE SANTA FE SPRINGS, CA 90670 (CUSTOMER * 1859336) .� 1• +z. I� i c,ou nail i"tanager (.,,'�yAttorney ✓ 11 l" Regarding projec� described as: NEWPORT BEACH CIVIC CENTER & PARK PROJECT, 1100 AVOCADO DRIVE, NEWPORT BEACH, CA 92660. Hertz Equipment Rental Corp. ("claimant') whose address is 14501 Hertz Quail Springs Parkway, Oklahoma City, OK 73134, has furnished heavy construction equipment to the work of improvement described on the project above. The value of the whole unpaid balance is $2,790.72. Pursuant to Civil code Section 3179 et seq., it is your duty upon receipt of this Stop Notice to withhold from the original contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Notice; I am authorized to mak the claimant; I have read the forgoing Stop Notice and know t ecoLIMICV1, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on January ,-2012 at Oklahoma City, OK. Allison Simmons, Lien/Bond Analyst Hertz Equipment Rental Corp. 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 (405) 775-4580 asimmonsahertz.com REC;A/;Q Release of California Public Works to otice 7017 JAN 12 AN 8: 50 To: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P. O. BOX 1768 NEWPORT BEACH, CA 92658 To: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 To: C. W. DRIVER, INC. 468 N. ROSEMEAD BOULEVARD PASADENA, CA 91107 To: PAN -PACIFIC PLUMBING 17911 MITCHELL SOUTH IRVINE, CA 92614-6015 (ACCOUNT # 498525) C 10E OF "-''T C' EEK CITY v !`, ;IT BEAD H Date 14 2,) 2i Copies Sent To: City Council _Cit,: '%lanager Gii:y ALLurney v l� P You are hereby notified that the undersigned claimant releases it's stop notice in the amount of $3,401.57 in full on the public works project referred to as NEWPORT BEACH CIVIC CENTER &PARK PROJECT, 1100 AVOCADO DRIVE, NEWPORT BEACH, CA 92660, against the CITY OF NEWPORT BEACH as public body and/or owner of the project and C. W. DRIVER INC. as the general contractor, for equipment rented to PAN -PACIFIC PLUMBING (ACCOUNT # 498525) in connection with the work of improvement. January 4, 2012 Ilison Simm ien/Bond Analyst Hertz Equipment Rental Corp. 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 (405) 775-4580 asimmons@hertz.com CALIFORNIA PUBLIC WORT T P N1OTICE ED To: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P. O. BOX 1768 NEWPORT BEACH, CA 92658 To: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 To: C. W. DRIVER, INC. 468 N. ROSEMEAD BOULEVARD PASADENA, CA 91107 To: PAN -PACIFIC PLUMBING 17911 MITCHELL SOUTH IRVINE, CA 92614-6015 (CUSTOMER # 498525) 1011 JAN -5 PN 3 57, OFFICE OF Th'E CI 1 Y CLERK CITY OF 1. _",';_)ORT eEO Conics Sent To: ity Council City Manager ;y Attorney - ✓ File Regarding project described as: NEWPORT BEACH CIVIC CENTER & PARK PROJECT, 1100 AVOCADO DRIVE, NEWPORT BEACH, CA 92660. Hertz Equipment Rental Corp. ("claimant') whose address is 14501 Hertz Quail Springs Parkway, Oklahoma City, OK 73134, has furnished heavy construction equipment to the work of improvement described on the project above. The value of the whole unpaid balance is $3,401.57. Pursuant to Civil code Section 3179 et seq., it is your duty upon receipt of this Stop Notice to withhold from the original contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Notice and know the contents thereof; and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 30, 2011 at Oklahoma City, OK. Allison Simmons, Li6nf 3ond Analyst Hertz Equipment Rental Corp. 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 (405) 775-4580 asimmons0hertz.com CALIFORNIA PUBLIC WORKS r �� CCS To: CITY OF NEWPORT BEACH 2011 JAN -5 PN57 PUBLIC WORKS DEPARTMENT P. O. BOX 1768 OFFICE OF NEWPORT BEACH, CA 92658 -EECITYCLERK Cm' G ,,�rv;'lrORi BEA�,;N To: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 To: C. W. DRIVER, INC. 468 N. ROSEMEAD BOULEVARD PASADENA, CA 91107 To: PAN -PACIFIC PLUMBING 17911 MITCHELL SOUTH IRVINE, CA 92614-6015 (CUSTOMER # 498525) Regarding project described as: NEWPORT BEACH CIVIC CENTER & PARK PROJECT, 1100 AVOCADO DRIVE, NEWPORT BEACH, CA 92660. Hertz Equipment Rental Corp. ("claimant') whose address is 14501 Hertz Quail Springs Parkway, Oklahoma City, OK 73134, has furnished heavy construction equipment to the work of improvement described on the project above. The value of the whole unpaid balance is $3,401.57. Pursuant to Civil code Section 3179 et seq., it is your duty upon receipt of this Stop Notice to withhold from the original contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Notice and know the contents thereof; and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 30, 2011 at Oklahoma City, OK. Allison Simmons,�'b and Analyst Hertz Equipment Rental Corp. 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 (405)775-4580 asimmons(&hertz.com RELE , OF STOP PAYMENT NOTICE IN ITS ENT11 Y - PUBLIC WORKS (CA Cid Code §§ $044,8128,930 at seq.) TO: PUBLIC ENTRY DIRECT CONTRACTOR CORFMUCnON LENDER, Bary (CA CIV. Cade § 9036) (CACIV. Coda 18018) (CA CW. Coda I WO&) NAME: City of Nevryort Beach G.W. DTNW, Inc. ADDS; 3300 Newport Boulevard 15615 AltDn Parkway, Suite 150 Newport Beach, CA 92663 Irvine, CA 92618 THE UNDERSIGNED, Metal Saks & Service, Inc (use wnedWgei name), HEREBY ENTIRELY RELEASES AND FULLY DISCHARGES THE STOP PAYMENT NOTICE DATED March 21 2D13 (daW), WHICH WAS AT THAT TIME IN THE AMOUNT OF $ 54,897.38 AGAINST motNewportBeach AS THE OWNER OF THE WORK OF IMPROVEMENT OR THE PUBLIC ENTITY, OR (IF APPLICABLE) AGAINST C.W. Wye; Inc. AS DIRECT CONTRACTOR FOR THE WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION: Address: 1100 Avocado Avenue, Newport Beach, CA 92680 orDew*ft: Newport Beach CMcCenter and Park Pr*4G&yyC01*2dND. 4021 DATE: February 17, 2014 L—J r, lel (y � !s r. , ' O PodwLaw GtoW, ha 2012 NAME OF CLAIMANT: Mew Saks & Service, Inc. BY: — Wind A9WQ StephA.of , Esquire Venzie, Phi 6 Warshaver 2032 Chancellor Street Philadelphia, Pennsylvania 19103 (215) 567-3322 Attorney for Claimant On February 17, 2014, before me, Florence K. Anderson, Notary Public personally appeared Stephen A. Venzie, Esquire who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Copies Sent To: City Council City Manager City Attorney _ File ONLY ENZIE, ®PHILLIPS 110WARSHAWER 2032 Chancellor Street - Philadelphia, PA 19103 ATTORNEYS AT LAW Phone: 215.567.3322- Fax: 215.864.9292 A PROFESSIONAL CORPORATION Howard D. Venzie, Jr. tAlso Admitted to Practice in Delaware and New Jersey Bruce L Phillips Sam L. Warshawer, Jr. K. Gerard Amadio Jeffrey C. Venzie Patrick A. Costetlot Stephen A, Venziet February 17, 2014 VIA FEDERAL EXPRESS Stephen Badum Public Works Department City of Newport Beach 3300 Newport Boulevard C� 3 Newport Beach, CA 92663 -- epies Sent To: C.W. Driver, Inc. City Council City Manager J t, j 15615 Alton Parkway, Suite 150 Y City Attorney V , Irvine, CA 92618 File G1P .a T.i C.W. Driver, Inc. 468 North Rosemead Blvd. Pasadena, CA 91107 Re: Project: Newport Beach Civic Center and Park Project (Contract No. 4021) Owner/Obligee: City of Newport Beach Contractor/Principal: C.W. Driver, Inc. Subcontractor: Tower Glass, Inc. Claimant: Metal Sales & Service, Inc. Release of Stop Payment Notice in its Entirety Dear Mr. Badum: This office is counsel for stop payment notice claimant Metal Sales & Service, Inc. ("Metal Sales"), who provided materials to the Civic Center and Park Construction project ("Project"). Enclosed under cover of this letter is a Release of Stop Payment Notice in its Entirety submitted on behalf of Metal Sales. svenzie@venzie.com i www.venzie.com Thank you. Very truly yours, VENZIE, PHVeIjPS & W.ARSHAWER STEPHEN A. �ZIE 2032 Chancello S eet Philadelphia, PA 9103 (215) 567-3322 Enclosure Cc: Metal Sales & Service, Inc. (via email) svenzie@venzie.com I www.venzie.com WITHDRAWAL OF STOP PAYMENT NOTICE IN ITS ENTIRETY - PUBLIC WORKS FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Park West Landscape, Inc., does hereby withdraw in its entirety the Stop Payment Notice executed 8/7/13 and served on: 1. City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 , , ��L/. Date 2. City of Newport Beach Copies Sent To: 100 Civic Center Drive City Cound Newport Beach, CA 92660 City Manager City Attomey 3. C.W. Driver Fife 468 N. Rosemead Blvd. Pasadena, CA 91107 4. C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 for the work of improvement located at NEWPORT BEACH CIVIC CENTER AND PARK PROJECT AT OR ABOUT 1100 AVOCADO DRIVE, NEWPORT BEACH, CA, in the amount of $2,410,207.00. I declare under penalty of perjury that the foregoing is true and correct. Executed on �,i L 2 , 2014, at Rancho Santa Margarita, California. PARK WEST LANDSCAPE, INC, James Tracy, ief Financial Officer Park West Landscape, Inc. 22421 Gilberto, Suite A L Rancho Santa Margarita, CA 92688 Telephone: (949) 546-8300 Email: itracv a.parkwestinacom � 815381,01/SD WITHDRAWAL OF STOP PAYMENT NOTICE IN ITS -ENTIRETY PUBLIC WORKS FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Park West Landscape, Inc., does hereby withdraw in its entirety the Stop Payment Notice executed 8/7/13 and served on: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 2. City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 3. C.W. Driver 468 N. Rosemead Blvd. Pasadena, CA 91107 4. C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 for the work of improvement located at NEWPORT BEACH CIVIC CENTER AND PARK PROJECT AT OR ABOUT 1100 AVOCADO DRIVE, NEWPORT BEACH, CA, in the amount of $2,410,207.00. I declare �und,e`r penalty of perjury that the foregoing is true and correct. Executed on l,��U '2-- , 2014, at Rancho Santa Margarita, California. PARK WEST LANDSCAPE, INC. James Tracy, C li ief Financial Officer Park West Landscape, Inc. 22421 Gilberto, Suite A Rancho Santa Margarita, CA 92688 Telephone: (949) 546-8300 Email: Itracy(c parkwestinc.com 815381,01/SD Release of California Public Worh_U Stop Stop Payment Notice V17=6 • s • •- tt �f- :• .• TO: C. W. DRIVER 15615 ALTON PARKWAY, STE. 150 IRVINE, CA 92618 .. BLACKTOP PAVING P. f BOX 610084 REDWOOD r;. -r You are hereby notified that the undersigned claimant releases it's Stop Payment Notice, dated JULY 10, 2013, in the amount of $3,772.12 on the public works project referred to as NEWPORT BEACH CIVIC CENTER & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA, against CITY OF NEWPORT BEACH, as public body and/or owner of the project and C. W. DRIVER, as the general contractor, for equipment rented to BLACKTOP PAVING (ACCT. # 2784790) in connection with the work of improvement. November 22, 2013 Allison Simmons, Lien/Bond Analyst /, `/'� Hertz Equipment Rental Corp. Date _t`L 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 Copies Sent TO: (405) 775-4580 City CManager asimmons@hertz.com __City Attorney Com Release of California Public Wo" Stop Payment Notice To: CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 14 1 To: C. W. DRIVES? 15615 ALTON PARKWAY, STE. 150 IRVINE, CA 92618 rBLACKTOP P. a BOX 610084 REDWOOD CITY, CA 94061 0 27 10 4r L r 5 c ", _ _ r You are hereby notified that the undersigned claimant releases it's Stop Payment Notice, dated JULY 10, 2013, in the amount of $3,772.12 on the public works project referred to as NEWPORT BEACH CIVIC CENTER & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA, against CITY OF NEWPORT BEACH, as public body and/or owner of the project and C. W. DRIVER, as the general contractor, for equipment rented to BLACKTOP PAVING (ACCT. ## 2734790) in connection with the work of improvement. November 22, 2013 --------------------- Allison Simmons-,Lien/Bond Analyst Hertz Equipment Rental Corp. Date A 14501 Hertz Quail Springs Parkway Copies Sent To: Oklahoma City, OK 73134 City Council (405) 775-4580 City Manager asimmons@hertz.com +tYAttorney File UNCONDITIONAL"WAIVER AND RELEASE ON PROGRESS JOB 10012 •,� `7 ext PAYMENT 'NOTITO-' CL CE `AIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN. -,STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALi f,'AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE -RIGHTS `;TRIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVENIF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information Name of Claimant: Bayside Interiors. Inc. Name of Customer: C.W. Driver Job Location: Newport Beach Planned City Hall 1100 Avocado Dr.,Newport Beach CA Owner: City of N_ewnort Beach Through Date: 09/30/13 Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $27,559.00 Exceptions This document does not affect any of the following: (1) Retentions (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Signature Claimant's Signe Claimant's Title: Date of Signatur( Date Copies Sent To: City Council City Manager City Attorney File NOTICE TO SURETY AND PRINCIPAL ON PAYMENT BOND 1. TO - SURETY: International Fidelity Insurance Company, One Newark Center 20th Fl., Newark NJ 07102 and 13400 Sabre Springs Pkwy, Suite 270, San Diego, CA 92128 2. TO - PRINCIPAL: C.W. Driver Incorporated, 15615 Alton Parkway, Ste 150, Irvine, CA 92618 and 468 N. Rosemead Blvd., Pasadena, CA 91107 3. PROJECT: Newport Beach Civic Center, 1100 Avocado, Newport Beach, CA 92660 4. BOND NO. 0564809 5. OWNER OF PROJECT: City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 6. DESCRIPTION OF KIND OF LABOR, SERVICES, EQUIPMENT OR MATERIAL FURNISHED OR AGREED TO BE FURNISHED: Glazing hardware 7. NAME/ADDRESS OF PERSON/ENTITY TO WHOM THE LABOR/MATERIALS WERE FURNISHED: Architectural Glass & Aluminum, 15251 Alton Parkway, Irvine, CA 92618 and 6400 Brisa Street, Livermore, CA 94550 8. THE AMOUNT IN VALUE OF THE LABOR/MATERIALS FURNISHED OR TO BE FURNISHED: $22,500.00 9. CLAIMANT: C.R. Laurence Co., Inc., 2503 E. Vernon Avenue, Los Angeles, CA 90058, (800)421-6144 10. AMOUNT OF CLAIM: $18,298.47 DATE: May20 2013 The Law Offices of Dennis G. Cosso 414 S. First Avenue, Arcadia, California Telephone: 626.574.8000, Facsimile: 626.574.8081 Email: decosso@sbcglobal.net sbcglobal.net C.R. Laurence Co., Inc. IF YOU HAVE QUESTIONS CONCERNING THIS NOTICE, CONTACT CLAIMANT DIRECTLY Date 6 l a t 13 Copies Sent To: City Council =y City Manager City Attorney File R1llll,rr SE it'Ir S 011 P t ItlLlsdd NO WIS `1 a Cityofionvi t i3terch 100 ON in (VnkT Drive. N wport Beach. California 9)660 C-4oz t YON t ARE III,R C:IW IT I IFIED than a curtaur stop paymx:rrt aotK Ado! I Wndwr AT out i, a copy ortvhie h i s attmlted ns f xhlh WOW iururpmatrd as iffithtset 'Ibr d; w hewin I omvr fila, hie:., man Iola chum ttrr'i:IYI . I ",.66, lot labor, matta ials, c, r c fix; aneUiac ecpupmcatt ftw ii ,Jird to 0% Durc°t, loc. umf used in thc:Itablic° worl, ibr the (Ity of Newport ihavh lannin a., the= Nmypori Beach Civic Colttc, a ud Park, is lieferby Iohsv>,,d. Cho refom,'Fo er Glass. hie., no Integer assclis any claim against ant° Cun(N hold by the Ofy ofNowpor t, and c spressltr any and all funds Which may havice hien sv ,+.side by reason of dw rcti°tune vd stop payarcnt notic,,r to be r0crased. Dated: Fel nut ,' ;,' . ?O1=! ff)VTR til,AS)'. INC. a Signatuoe, $ f �a ✓A� �r Ar"'' i rr� k Vie,1111+ICATION r x � I declare that I I t>t rt a !o .` ufthe claimant named m the fore mt., chin, and am authorized to make`Yhis verification liar and on beiaalfofsaid claimant, and I make this veaeifieation for that t°eaaoa. I have read said claim and know the contents thereof and the same is true and contains among other things, a correct statement of claimant's demands atter deducting all_ius( credits and offsets„ 1 declare under penalty or perjury or the laws of the State of California that the roregoing is true and correct on February _ "y ` 2014. Date ). la � b 4 Copies Sent To: City Council City Manager City Attomey File ROBERT J. MARKS, APC P. RANDOLPH FINCH JR. JASON R. THORNTON JEFFREY B. BAIRD CHAD T. WISHCHUK LOUIS J. BLUM DAVID S. DEMIAN DANIELLE C. HUMPHRIES DAVID W. SMILEY NOWELL A. LANTZ STEPHEN J. SCHULTZ + MARK T. BENNETT + JUSTIN M. STOGER ALLISON N. LANTZ ANDREA L. PETRAY + OF COUNSEL via MERRILL, SCHULTZ 8 BENNETT, LTD. MARKS, FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4747 EXECUTIVE DRIVE — SUITE 700 VL4 CERTIFIED MAIL SAN DIEGO, CALIFORNIA 92121-3107 TELEPHONE (858) 737-3100 FACSIMILE (858) 737-3101 INTERNET www.mftb.com E-MAIL bwalker@mftb.com City of Newport Beach Public Works Department Attention: Stephen G. Badum or Director of Public Works P.O. Box 1768 Newport Beach, California 92658 December 31, 2013 JON F. GAUTHIER, APC i CHRISTOPHER R. SILLARI DUSTIN R, JONES LAURA B. MACNEEL DANIEL P. SCHOLZ ADAM C. WITT BRETT T. WALKER M. KATY ROSS J. PATRICK HICKS RICHARD J. PINTO II KELLY A. FLOYD WILLIAM S. WILSON ♦ OF COUNSEL OUR FILE NUMBER 468.017 --1 VIA CERTIFIED MAIL City of Newport Beach Public Works Department Attention: Stephen G. Badum P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92663 Re: Newport Beach Civic Center and Park Dear Sir: We are attorneys for Tower Glass, Inc. ("Tower"). Tower is a subcontractor to C.W. Driver, Inc., on the public work of improvement known as the Newport Beach Civic Center and Park (the "Project"). Enclosed is Tower's Stop Payment Notice to the City of Newport Beach. Pursuant to Civil Code section 9354, subdivision (b)(2), we are serving this Stop Payment Notice on the Public Works Department as the body by which the contract for the Project was awarded. If for any reason you believe that service of this Stop Payment Notice should be made to an individual or entity other than the Public Works Department, we request you notify us immediately. Please feel free to call with any questions. Date 1/31/q Copies Sent To: Verytru�urs City Council City Manager City Attorney File Brett T. Walker, Attorney of MARKS, FINCH, Enclosure BTW:dvg/3637989 THORNTON & BAIRD, LLP cc: City of Newport Beach (via certified mail) Attn: Ms. Leilani Brown, City Clerk Mr. David Kiff, City Manager Mr. Dan Matusiewicz, Director of Finance/Treasurer (Puhdic Work ) VO: City oriVccvpor! Bk'ach 100 Civic C`ntc l- Drive Nc\vyurrt Beach, C.c\ 9'600 AM ARF 1111R}i, Y No`111111)that Qauebr "ne,(claisscttctt, tm%v (Rmr Im%, in ?"0 IWIM=a'v so. ?iui[., A, ;aIn o ('A9 ?01I has peribnne=d labortinct furni„ heel maawriits Brit tfn wail, olnnpi'crv�whiok1m)"n wl oNvIx"IReach MicQnwraudOut pants I he acursal na w of -Tv mak ials and labor IandAl xt is: A= curtain "idl system ruid metal IN tabormW wat(u its %"iv liunished to: C.% 110cr. Inc. 1'hc tal:d calnc orthe "holo anuxuit of hdnw. nfidpincni and m arc i ials a=,,nett to ho Rui}idwil (mut salxjoct to this stop under) is: I7..'3 ?-0(16,66 The c nine or the labor, cglipmeau and nurlcritds OWN to date is: !,57.''31,060.66 Claimant has hccu paid the sum of 15087.931.00 ]here is now (lite, oxving and unpaid the principal sum ofat least: $1,645,135.66 WI II�REFORfi, the uuClersigned claims the hencht or the taw giecn to laborers, material suppliers and others under and by Wate of the previsions of Section 8044 and Sections 9350, et seq, of the Civil Code of the State of California, and prays that you withhold from said direct contractor, C,W. Driver, lite whose address is 468 North Rosemead Blvd., Pasadena, CA 91107 andlor 15615 Alton Parkway, Suite 150, hviue, CA 92.618, surf iciest money that may be due Iower Cdass, lite., or that stay become duc "tower Glass, Inc,, for said work to answer and pay the aawuol ofthis clahn. t + Dated: "t ¢'`x " Ibmw Glasti Inc SUMOt printed Na c `. ti A ,f .t{wt c.. ars art VERIFICA`f ON T declare that F teMa�.tz�ie% ,amtile _. 1111-- ." tn:uur ul'r n,ai ryiticorpa.on sisnm 'Qttxdd be .m u(Gc<rolC hi mantl of the claimant named in the, foregoing c,laun, and ant authorized to mals this verification lot- and on behalf ofsaid claimant, and I male this verification for that reason. f have read said claim and know the contents thereof and the saute is true and contains among other things, it Correct statement of claimant's demands after deducting alljust credits and onsets. I declare umicr pr salty of perjury of the laws of the State M 1lifQ K that the foregoing is rive and correct on !do I It til �udsa;� � t °8 a ,, a~1"�ta ri�3ttmr hu XA% VA. mIIh.t"11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOUIS J. BLUM, SBN 220941 BRETT T. WALKER, SBN 271499 MARKS, FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4747 EXECUTIVE DRIVE - SUITE 700 SAN DIEGO, CALIFORNIA 92121-3107 TELEPHONE: (858) 737-3100 FACSIMILE: (858) 737-3101 Attorneys for Tower Glass, Inc. PROOF OF SERVICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED I, Diana Granados, declare that: I am over the age of eighteen years and not a party to the action; I am employed in the County of San Diego, California; where the mailing occurs; and my business address is 4747 Executive Drive, Suite 700, San Diego, California 92121-3107. I further declare that I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service pursuant to which practice the correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I caused to be served by Certified Mail/Return Receipt Requested the following document(s): STOP PAYMENT NOTICE (Public Works), by placing a copy thereof in a separate envelope for each addressee listed as follows: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 City of Newport Beach Public Works Department Attention: Stephen G. Badum or Director of Public Works P.O. Box 1768 Newport Beach, California 92658 City of Newport Beach Public Works Department Attention: Stephen G. Badum P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92663 lull PROOF OF SERVICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED City of Newport Beach I Office of the City Clerk 2 Attention: Ms. Leilani Brown P.O. Box 1768 3 Newport Beach, California 92658 4 City of Newport Beach City Manager 5 Attention: Mr. David Kiff 6 P.O. Box 1768 Newport Beach, California 92658 7 City of Newport Beach 8 Finance Department 9 Attention: Mr. Dan Matusiewicz P.O. Box 1768 10 Newport Beach, California 92658 11 I then sealed the envelope(s) and, with the postage thereon fully prepaid, either 12 deposited itleach in the United States Postal Service or placed it/each for collection and 13 mailing on December 31, 2013, at San Diego, California, following ordinary business 14 practices. 15 1 declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct. 17 Executed on December 31, 2013. 18 , t 19Cf��C,_, Diana Grams —'T- 20 21 22 23 24 25 26 27 468.017/Proof.dvg 28 MARKS, FINCH, THORNTON 8 BAIRD, LLP 2 4747 Executive Drive - Suite 7DO San Diego, CA 9 921 PROOF OF SERVICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED (858) 73731000 MARKS, FINCH, THORNTON & BAIRD, LLP j ATTORNEYS AT LAW 4747 EXECUTIVE DRIVE — SUITE ROBERT J. MARKS, APC P. RANDOLPH FINCH JR. JASON R-THORNTON JEFFREY B. BAIRD CHAD T. WISHCHUK LOUIS J. BLUM DAVID S. DEMIAN DANIELLE C. HUMPHRIES DAVID W. SMILEY NOWELL A. LANTZ STEPHEN J. SCHULTZ+ MARK T. BENNETT + JUSTIN M. STOGER ALLISON N. LANTZ ANDREA L. PETRAY + OF COUNSEL via MERRILL, SCHULTZ & BENNETT, LTD. VIA CERTIFIED MMIL SAN DIEGO, CALIFORNIA 92121 TELEPHONE (858) 737-3100 FACSIMILE (858) 737-3101 INTERNET www.mftb.com E-MAIL bwalker@mftb.com City of Newport Beach Public Works Department Attention: Stephen G. Badum or Director of Public Works P.O. Box 1768 Newport Beach, California 92658 December 31, 2013 JON F. GAUTHIER, APC * 70 '.OiHRdSF9PHER R. SILLARI `USTIN'R. JONES D 3107 LAURA S. MACNEEL r -DANIEL P. SCHOLZ i -ADAM C. WITT 'i CE'RETT T. WALKER M .KATY ROSS IJ PATRICK HICKS RICHARD J. PINTO 11 KELLY A. FLOYD WILLIAM S. WILSON + OF COUNSEL OUR FILE NUMBER 468.017 VIA CERTIFIED MAIL City of Newport Beach Public Works Department Attention: Stephen G. Badum P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92663 Re: Newport Beach Civic Center and Park Dear Sir: We are attorneys for Tower Glass, Inc. ("Tower"). Tower is a subcontractor to C.W. Driver, Inc., on the public work of improvement known as the Newport Beach Civic Center and Park (the "Project"). Enclosed is Tower's Stop Payment Notice to the City of Newport Beach. Pursuant to Civil Code section 9354, subdivision (b)(2), we are serving this Stop Payment Notice on the Public Works Department as the body by which the contract for the Project was awarded. If for any reason you believe that service of this Stop Payment Notice should be made to an individual or entity other than the Public Works Department, we request you notify us immediately. Please feel free to call with any questions. Very trul urs, ,, p Brett T. Walker, Attorney of MARKS, FINCH, THORNTON & BAIRD, LLP Enclosure BTW:dvg/3637989 cc: City of Newport Beach (via certified mail) Attn: Ms. Leilani Brown, City Clerk Mr. David Kiff, City Manager Mr. Dan Matusiewicz, Director of Finance/Treasurer (Public Woll<s) TO: City of Nccrjun nrI Ikach 100 MVP Center Drive N°�uport Beach, CFS ().'660 M I ARD I111tL'.IIY NO 111111) dren Nu, urKrrApip ticlaintruil lo"er'(day; Inc.. whoA ad n ., is 95 10 11111" a Y 3t WX A ,` ranxi, ( A 91011 han perininwd labor <md luinishod rnatcrin r lir 011 walk of inynoi� 11x"11[ kuo"n an 11"ptul 11valft ('iris ('entcr:urd ['ark. I W ;rcneral naiurc of the niak:rials and labor Iiunistuxl is: plass curtain \\ all syslc"nt and metail IN labor sod uialet ialn w1,:rr" Wired tu: (W Dr&r, lw. I he total lulu_ ofthe "holr anitn nt of Wui equilmaent and firl lei iats a11Iccd to be furl (tit d :,object Io this slop notice) in: 7.' +.1,0(16.6(1 IS value of & labor, equipment and na(tcrials fur hAcd WR, is: S7. i l ,,,06(1.66 C'laimaut has been paid the sum of: $5,.'187,931.00 There is now clue. owing and unpaid the principal suns of to [cast: $1,645,135.66 Vdl II;KLiiun. the undersigricct claims lha bcnelil of the W, gieen to laborers, material suppliers and others under and by vinue of theprovisions of Section 8044 and Sections 9350, et seq. of the Civil Code of the State of California, and prays that wu withhold froni said direct cmumet,aq C.W. Driver, Inc whose address is 468 North Rosemead Blvd., Pasadena, CA 91 107 and/or 15615 Alton Park"ay. Suite 150, Irvine, CA 92618, suiiicicel nioney that may he (lite Tower Glass, Inc., or that niay become due "Cower Glass, Inc.. for said work to answer and pay the amount of this claim, r1 p Dated: `n7'�= ea�> TomvrGlass Inc. s 3 r Printed Nair 4 —✓c. Wany •!! f VERIFICATION 1, declare that 1, ,.. #111"7) i v .. s i,ii,On file - _ Ownw orpown w nw,) (title c t p eti,m sii nin should b� .m ul hitt ,f( (Lnu,un) of the claimant named in the foregoing claim, and ani authorized to make this verification fir and on behalf Mak! claimant, and I inake this verification for that reason. I have read said claim and know the contents thereof and the siunc is true and contains among other things, a correct statement of'elainaaut's demands after deducting all just credits and offsets. I declare wilder penally of perjury of the laws 01`1110 State of California that the Co egoing is true, and correct 1111 7 uridutyre� .� r 00, Af y d�'mUncii J� J �— b � «ui,_m lih.nnn 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21' 22 23 24 25 26 27 28 LOUIS J. BLUM, SBN 220941 BRETT T. WALKER, SBN 271499 MARKS, FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4747 EXECUTIVE DRIVE - SUITE 700 SAN DIEGO, CALIFORNIA 92121-3107 TELEPHONE (858) 7373100 FACSIMILE: (858) 7373101 Attorneys for Tower Glass, Inc. PROOF OF SERVICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED I, Diana Granados, declare that: I am over the age of eighteen years and not a party to the action; I am employed in the County of San Diego, California; where the mailing occurs; and my business address is 4747 Executive Drive, Suite 700, San Diego, California 92121-3107. I further declare that I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service pursuant to which practice the correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I caused to be served by Certified Mail/Return Receipt Requested the following document(s): STOP PAYMENT NOTICE (Public Works), by placing a copy thereof in a separate envelope for each addressee listed as follows: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 City of Newport Beach Public Works Department Attention: Stephen G. Badum or Director of Public Works P.O. Box 1768 Newport Beach, California 92658 City of Newport Beach Public Works Department Attention: Stephen G. Badum P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92663 PROOF OF SERVICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED I City of Newport Beach Office of the City Clerk 2 Attention: Ms. Leilani Brown P.O. Box 1768 3 Newport Beach, California 92658 4 City of Newport Beach 5 City Manager Attention: Mr. David Kiff 6 P.O. Box 1768 Newport Beach, California 92658 7 City of Newport Beach 8 Finance Department 9 Attention: Mr. Dan Matusiewiez P.O. Box 1768 10 Newport Beach, California 92658 11 I then sealed the envelope(s) and, with the postage thereon fully prepaid, either 12 deposited it/each in the United States Postal Service or placed it/each for collection and 13 mailing on December 31, 2013, at San Diego, California, following ordinary business 14 practices. 15 I declare underenalt of perjury p y p fury under the laws of the State of California that the 16 foregoing is true and correct. 17 Executed on December 31, 2013. 1819 , 7 Diana Gr dos 20 21 22 23 24 25 26 27 468.017/Proof.dvg 28 MARKS, FINCH, 2 THORNTON & BAIRD, LLP 4747 Executive Drive - Sui San Diego,A921 PROOF OF SERVICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED (858)7)7CA 937-31000 RELEASE OF STOP PAYMENT NOTICE IN ITS ENTIRETY — - PUBLIC WORKS FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned does hereby release in its entirety the Stop Payment Notice executed 7/29/13 and served on: 1. CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 2, CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 3. C.W. DRIVER 15615 ALTON PARKWAY, STE. 150 IRVINE, CA 92618 4. PARK WEST LANDSCAPE, INC. 1215 GRAPHITE DR, CORONA, CA 92881 _ x-12 y l Copies Sent To: City Council City Manager City Attorney File �i for the work of improvement located at NEWPORT BEACH CIVIC CENTER & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA, in the amount of $46,029.95. I declare under penalty of perjury that the foregoing is true and correct. Executed op'February 20, 2014 at Redwood City, California GRIFFITA & STRONG David%L'. Strong, Esq. ' BRANSON, BRINKOP, GRIFFITFi & STRONG 643 Bair Island Road, Suite 400 Redwood City, CA 94063 Tel: (650) 365-7710 e-mail: dstrong@bbgslaw.com Counsel for Blacktop Paving, Inc. CALIFORNIA PUBLIC WORKS STOP PAYMENT NOTICE TO: CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 TO: CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 TO: C.W. DRIVER 15615 ALTON PARKWAY, STE. 150 IRVINE, CA 92618 TO; PARK WEST LANDSCAPE, INC. 1215 GRAPHITE DR. CORONA, CA 92881 v:�iuC lli1 AUG 0 7 2013 BY:� Regarding project described as: NEWPORT BEACH CIVIC CENTER & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA. . Blacktop Paving, Inc. whose address is P.O. Box 610084, Redwood City, CA 94061, has furnished labor and material to install pedestrian pathways at the work of improvement described on the project above. The value of the whole unpaid balance is $46,029.95. Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Blacktop Paving, Inc., claimant, of the foregoing Stop Payment Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and knows the contents thereof; and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. July 29, David L. Strong Branson Brinkop Griffith 643 Bair Island Road, Sui Redwood City, CA 94063 T: (650) 365-7710 Redwood City, California. M e-mail: dstrong@bbgslaw.com Counsel for Blacktop Pavine. Inc. LLP Date Copies Sent To: City Council City Manager � Fi City Attorney le Date' /� t Copnt To: City Council r, City Manager _Witty Attorney r r - RELEASE OF STOP PAYMENT NOTICE ' (Civil Code § 8128) TO: City of Newport Beach (owner, construction lender or public entity) 3300 Newport Blvd. (address) Newport Beach, CA 92663 YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated October 31, 2013 , in the amount of s 3,715,521.00 against City of Newport Beach as owner or public body and C.W. Driver as direct contractor in connection with the work or improvement known as Newport Beach Civic Center and Park Project in the City of Newport Beach County of Orange State of California. This Release of Stop Payment Notice is given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. Date: February 18, 2014 Name of Claimant: SME STEEL CONTRACTORS Address: 5801 W. Wells Park Road, Telephone: (801) 280-0711 By: Eugene F. Mct Attorney VERIFICATION I, the undersigned, state: I am the Attorney of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 18, 2014 20 at Cerritos of Claimant or ATKINSUN, ANDELSON, LOYA, RUUD & ROMO (925) 227-9200 February 18, 2014 HAND DELIVERED Office of the City Clerk City of Newport Beach 100 Civic Center Drive 2"d Floor, Bay E Newport Beach, CA 92660 Re: Our Client: SME Steel Contractors, Inc. Project: Newport Beach Civil Center and Park Project Dear City Clerk: As you recall, this firm is counsel to SME Steel Contractors, Inc. ("SME Steel'). Enclosed please find the original Release of Stop Payment Notice by SME Steel. Please call if you have any questions or concerns. Very truly yours, ATKtIII SON AN/DELSON, LOYA, RUUD & ROMO Eu I cMenamin EFM:jag ,Enclosure cc: Lucie Delorme (w/enclosure) RIVERSIDE (951) 683-1122 SACRAMENTO (916) 923-1200 SAN DIEGO (858)485-9526 OUR FILE NUMBER: 009703.00020 11927523.1 A PROFESSIONAL CORPORATION FRESNO ATTORNEYS AT LAW (559) 225-6700 12800 CENTER COURT DRIVE SOUTH, SUITE 300 IRVINE CERRITOS, CALIFORNIA 90703-9364 (949)453-4260 (562) 653-3200 - (714) 826-5480 PASADENA - (626)227-9200 FAX (562) 653-3333 PLEASANTON WWW.AALRR.COM (925) 227-9200 February 18, 2014 HAND DELIVERED Office of the City Clerk City of Newport Beach 100 Civic Center Drive 2"d Floor, Bay E Newport Beach, CA 92660 Re: Our Client: SME Steel Contractors, Inc. Project: Newport Beach Civil Center and Park Project Dear City Clerk: As you recall, this firm is counsel to SME Steel Contractors, Inc. ("SME Steel'). Enclosed please find the original Release of Stop Payment Notice by SME Steel. Please call if you have any questions or concerns. Very truly yours, ATKtIII SON AN/DELSON, LOYA, RUUD & ROMO Eu I cMenamin EFM:jag ,Enclosure cc: Lucie Delorme (w/enclosure) RIVERSIDE (951) 683-1122 SACRAMENTO (916) 923-1200 SAN DIEGO (858)485-9526 OUR FILE NUMBER: 009703.00020 11927523.1 0 -If -0-21- �_ W alicii Uity Manages " —L C 'y Attom ' v F1le t ".. r _ w RELEASE OF STOP PAYMENT NOTICE (Civil Code § 8128) TO: City of Newport Beach (owner, construction lender or public entity) 3300 Newport Blvd. (address) Newport Beach, CA 92663 �,. 1 9 YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated October 31, 2013 , in the amount of S 3,715,521.00 against City of Newport Beach public body and C.W. Driver as owner or as direct contractor in connection with the work or improvement known as Newport Beach Civic Center and Park Project Newport Beach County of Orange in the City of State of California. This Release of Stop Payment Notice is given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. Date: February 18, 2014 Name of Claimant: SME STEEL CONTRACTORS Address: 5801 W. Wells Park Road, Welt JordEn, Telephone: (801)280-0711 By: Eugene F. McMena Attorney I-' (Title) VERIFICATION I, the undersigned, state: I am the Attorney of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 18, 2014 20at Cerritos 4gratwe or Claimant or Authorized Agent C&B Forms 03/2012 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION FRESNO ATTORNEYS AT LAW RIVERSIDE (559) 225-6700 12800 CENTER COURT DRIVE SOUTH, SUITE 300 (951) 683-1122 IRVINE CERRITOS, CALIFORNIA 90703-9364 SACRAMENTO (949)453-4260 (562) 653-3200 • (714) 826-5480 (916)923-1200 PASADENA SAN DIEGO (626) 227-9200 FAX (562) 653-3333 (858) 485-9526 PLEASANTON WWW.AALRR.COM (925) 227-9200 OUR FILE NUMBER: 009703.00020 February 18, 2014 (1927523.) HAND -DELIVERED Office of the City Clerk City of Newport Beach 100 Civic Center Drive 2"d Floor, Bay E Newport Beach, CA 92660 Re: Our Client: SME Steel Contractors, Inc. Project: Newport Beach Civil Center and Park Project Dear City Clerk: As you recall, this firm is counsel to SME Steel Contractors, Inc. ("SME Steel'). Enclosed please find the original Release of Stop Payment Notice by SME Steel. Please call if you have any questions or concerns. Very truly yours, AT4 iSONJANDELSON, LOYA, RUUD & ROMO F. EFM:jag Enclosure cc: Lucie Delorme (w/enclosure) —ID a q' sq STOP PAYMENT NOTICE „-LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work of Improvement) (per California Civil Code Section 8520, 8530 & 9350) TO: City of Newport Beach of e,p�Yw lie c'x ru ,xn, 4eTaery 3300 Newport Blvd. —_.. (n , rsmiaa a urc�rsr waa •,ro new ron`""" Newport Beach, CA 92663 +u m mµ.bx. ,arsYy It orw.mep I.arv.,•SxYI n_rnya/u+,�rtx Name and address of the Project Owner (or reputed owner): Name and address of the Direct Contractor: Name and address of the Conzaacfton Lender (If any": 4C./11-3 _r ,x ant TO: City Council Cty Manager -- City Attorney File Project: Newport Beach Cva Center and Park Project IKxmd 1100 Avocado Avenue ,Si.. naarwu or legal de .nry m, Newport Beach, CA 92640 City of Newport Beach 3300 Newport Blvd., Newport Beach OA 92663 C.W. Driver _ 15615 Alton Parkway, Suite 150, Irvine, CA 92618 TAKE NOTICE THAT SME STEEL CONTRACTORS (Claimant) t R e=t 0ea ran wn ,nynw,vA pu, nu SraV cn, whose address is 5801 West Wella Park Road, West Jordan UT 84081 c ur ,. s.ot , teas performed labor and furnished materials for a work of improvement described above as Project. The relationship of the Claimant to the other parties is:_SObcooImcmr The work furnished by claimant is: labor/material of structural steel, mist. metals, decking, stalm, etc. u";_._ �._. ..__ __ _ (p ru1Yy dew nbe _ u;v_ «,.x6 ms a., u mut rvrwt a or Saeed '"-es mnrcmeu uq cu manq The labor and materials were fum shad at the request of the following party: QW. Driver Total value of the whole amount of labor and materials agreed to be furnished is ...... $ 15,235,125.00 The value of the labor and materials furnished to date IS: -1- ..... ---... I ...... .... I.... $ 15,235.125.00 Claimant has been paid the sum of: and there is due, owing and unpaid the sum of: ......... ...... $ 11,519,604.00 $ 3,715.521.00 _ You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated_ OComol`31.,2013 NAME:SSTEEL CONTRA4�r O—RS lriam r{wprryta ueui•unp .� X 2 t,��Q � Wrti roe [ s'qy; nonov +prwj�. i+pn h ry aaiowi Authorized Ca acitr Attorney . P VERIFICATION 1, the und"Eatad, deft I am the Atsarnay _ ,, ^__ of the percent rumed In the r0,-`,'r,x, r so) foregoing Stan hellos: I have read vi-, Stop -tonna and know the contains elereatl the same ,� true of my own knowledge, t decusa under penalty ur poilo, win r the lawe of mo State of Caftfonua that the loading is nueand carev, October 31 13 Defrauds'' ExuWfetl an- 20 ,al i cononao- Su tau` .a,wnt .w %rinvl) a xat vdy xrc m ar f+oa. pneal sy X f, y r ! v.Eug ine-F McMenamin ,`lay`':'J.awawr 'srsmmow waaw pw.oaro,rva; REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Croli Code Section 8536 & 8538) If an eleottrn is made not to withhold k iris pursuant to this stop notice by reason of a payment bond having been recorded, please send notice of such eleC.aon and a copy of the bond within 30 days of such election In the enclosed preaddressed stamped envelope. This informstiwt must be prvaded by you under Cr,A Code Sections 8536 & 8538. SigneC: _ _ (Ciamanl must encbse self atld(assed alampedemei0pe} PROOF OF NOTICE DECLARATION (Per California Civil Cede Scction 8119) i Julie A. Garcia , declare that I served a copy of the Stop payment Notice on the party at the address and on the datc shown below! To Construction Londtr/OwnerlPubtie Entity/Or Other Person Holding Construction Funds: (name) ,Leflani Brown, City of Newport Beach (tits: or capacity of individual given notice) City Clerk of Newport Beach (address) P.O. Box 1768 Newport. Beach, CA 92658 October 31, 2013 Stoa Payment Notice should be scrvxd at the following 6ocation: (a) To an owner other than a public entity, the oNwa s address showm on the direct contract, the building permit or a constriction trust dwil; (b) 'to a public entity, the otYicc of rite public entity or another addtrss specified by the public umily in the contractor elscwherc for scrvica of notices, panvia or other docun=ts. A Stop Puyment Nodw for a public works contract or the state, $hall be given to the acne or of the depnrtmcnt that awarded the contract; and to a public entity other than the ,tate, to ow office of the controllo, auditor or other public disbursing officer whore duty it is to make payment pursuant to thin contract (sec Civil Code A3 54 for more inferma,tion). (c) To a direct contractor, at the e m0ainor's address shown on the building permit, on the direct contract, or on the records ofthc Con=Joe,' Sur, Eileen Board. In dm following rammer (check vpmopri iw box): [ j By pr maul Jl ivory >q By Reg'satcvcd or Curtii%d Mail (postage prepaid) [ ) hxpress mail [ I Overnightdr:i[vcry, by an express semen carrier I d<¢3arc under pcnalry of perjury, that the foregoing is [roc and eomux. Lxecuted on October 31, 2013_.. at Cerritos ,C'.eli tumia. (Signalure of per"in making service) j I C&B Forms (7112) RELEASE OF STOP PAYMENT NOTICE IN ITS ENTIRETY - PUBLICf / � r I\ '1 QRECS - , �` i (California Civil Code §§ 8044, 8128, 9350 at seq.) seeICCaliforniaTIT Code 8036 TO: DIRECT CONTRACTOR 1`113 vny i 7 fc;) r. ) 0 (§§ ) (see California Civil Code § 8011 City of Newport Beach C.W. Driver 3300 Newport Blvd. 15615 Alton Pkwy., Ste. 150 Newport Beach, CA 92663 Irvine, CA 92618 "' FROM: STOP PAYMENT NOTICE CLAIMANT Miller Environmental, Inc. TO: CONSTRUCTION LENDER 1130 W. Trenton Avenue (see California Civil Code § 8006) Orange, CA 92867 N/A The undersigned hereby withdraws and releases the Stop Payment Noce filed on November 8, 2013 with the above named Public Entity(s): City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663 for claims against C.W. Driver, 486 N. Rosemead Blvd., Pasadena, CA 91107. The claimant has been PAID $0.00 for labor, services, equipment, materials or service charges performed or furnished for the performance or construction of the public work of improvement commonly known as the Newport Beach Civic Center & Park, 1100 Avocado Dr., Newport Beach, CA 92660 in the County of Orange, our Job/Invoice #: 2941. The undersigned also hereby releases above said Public Entity(s) and its subdivisions and agents from any further duty under the laws of this state to withhold money or bonds in response to the Stop Payment Notice and waives any right of action against them that might accrue thereunder. Signed, sealed, and delivered this 20th day of November, 2013. By: Signed, sealed, �S\C�(l Megan Featherston, A/R Date Copies Sent To: City Mangier _.. ('iflr A++-- Please take notice that Miller Environmental, Inc., 1130 W. Trenton Avenue, Orange, CA 92867, Phone: (714) 385-0099, Fax: (714) 385-0011 has furnished or has agreed to furnish the following kind of materials, labor, services or equipment: Abatement. The person to or for whom the same was done or furnished is: C.W. Driver, 486 N. Rosemead Blvd., Pasadena, CA 91107, which was performed in connection with the public work of improvement commonly known as the Newport Beach Civic Center & Park, 1100 Avocado Dr., Newport Beach, CA 92660 in the County of Orange. The Public Entity of the above-described work of improvement is City of Newport Beach, 3300 Newport Blvd„ Newport Beach, CA 92663. The value of all labor, services, equipment and materials already done or furnished by Claimant is $266,738.00. The value of all labor, services, equipment and materials agreed to be done or furnished by Claimant is $185,500.00. The Claimant has been paid the sum of $240,738.00 and there remains due and unpaid the sum of $26,000.00 plus interest thereon at the rate of Undetermined per annum. UNDER CALIFORNIA CIVIL CODE § 9358 YOU ARE REQUIRED TO SET ASIDE SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST, COURT COSTS AND REASONABLE COSTS OF LITIGATION, AS PROVIDED BY LAW. YOU ARE ALSO NOTIFIED THAT CLAIMANT CLAIMS AN EQUITABLE LIEN AGAINST ANY CONSTRUCTION FUNDS FOR THIS PROJECT WHICH ARE IN YOUR HANDS. Dated November 8, 2013 for Miller Environmental, Inc., 1130 W. Trenton Avenue, Orange, CA 92867, Phone: (714) 385-0099, Fax: (714) 385-0011. By: VW, �V\ W/4-4g1Lnfv?egan Featherston, AIR VERIFICATION I, the undersigned state, I am the AIR of the claimant named in the foregoing Stop Payment Notice - Public Works; I have read said claim of Stop Payment Notice - Public Works and know the contents thereof; and certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State Of Califomia that the foregoing is true and correct. Executed at Orange, CA on November 8, 2013, By:t Wt`LA0 Megan Featherston, AIR PROOF OF SERVICE DECLARATION (CALFORNIA CIVIL CODE § § 8100-8118) I, Megan Featherston, declare that I served copies of the above STOP PAYMENT NOTICE - PUBLIC WORKS, (check appropriate box): By personally delivering copies to (names(s) and title(s) of person served) at November 8, 2013 (date), at (time). (address), on ® By Registered or Certified Mail, Express Mail or Overnight Delivery by an express service carrier, addressed to each of the parties at the address shown above on November 8, 2013. By leaving the notice and mailing a copy in the manner provided in § 415.20 of the California Code of Civil Procedure for service of Summons and Complaint in a Civil Action. I certify under penalty of perjury that the foregoing is true and correct. Signed at Orange, CA on November 8, 2013, n a By: to L Y u I`� #� L" Megan Featherston, AIR J C zite I } .J Copies Sent To: City Council City Manager City Attorney File �u� STOP PAYMENT NOTICE • PUBLIC WORKS LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUN ` , (California Civil Code §§ 8044, 9350 at seq.) TO: CONSTRUCTION LENDER TO: PUBLIC ENTITY -r + ,, ( 3 rV! 1: 3 I (see California Civil Code § 8006) (see California Civil Code §§4038) N/A City of Newport Beach 3300 Newport Blvd. r v' Newport Beach, CA 92663 TO: DIRECT CONTRACTOR (see California Civil Code § 8018) FROM: STOP PAYMENT NOTICE CLAIMANT C.W. Driver Miller Environmental, Inc. 15615 Alton Pkwy., Ste.150 1130 W. Trenton Avenue Irvine, CA 92618 Orange, CA 92867 Please take notice that Miller Environmental, Inc., 1130 W. Trenton Avenue, Orange, CA 92867, Phone: (714) 385-0099, Fax: (714) 385-0011 has furnished or has agreed to furnish the following kind of materials, labor, services or equipment: Abatement. The person to or for whom the same was done or furnished is: C.W. Driver, 486 N. Rosemead Blvd., Pasadena, CA 91107, which was performed in connection with the public work of improvement commonly known as the Newport Beach Civic Center & Park, 1100 Avocado Dr., Newport Beach, CA 92660 in the County of Orange. The Public Entity of the above-described work of improvement is City of Newport Beach, 3300 Newport Blvd„ Newport Beach, CA 92663. The value of all labor, services, equipment and materials already done or furnished by Claimant is $266,738.00. The value of all labor, services, equipment and materials agreed to be done or furnished by Claimant is $185,500.00. The Claimant has been paid the sum of $240,738.00 and there remains due and unpaid the sum of $26,000.00 plus interest thereon at the rate of Undetermined per annum. UNDER CALIFORNIA CIVIL CODE § 9358 YOU ARE REQUIRED TO SET ASIDE SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST, COURT COSTS AND REASONABLE COSTS OF LITIGATION, AS PROVIDED BY LAW. YOU ARE ALSO NOTIFIED THAT CLAIMANT CLAIMS AN EQUITABLE LIEN AGAINST ANY CONSTRUCTION FUNDS FOR THIS PROJECT WHICH ARE IN YOUR HANDS. Dated November 8, 2013 for Miller Environmental, Inc., 1130 W. Trenton Avenue, Orange, CA 92867, Phone: (714) 385-0099, Fax: (714) 385-0011. By: VW, �V\ W/4-4g1Lnfv?egan Featherston, AIR VERIFICATION I, the undersigned state, I am the AIR of the claimant named in the foregoing Stop Payment Notice - Public Works; I have read said claim of Stop Payment Notice - Public Works and know the contents thereof; and certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State Of Califomia that the foregoing is true and correct. Executed at Orange, CA on November 8, 2013, By:t Wt`LA0 Megan Featherston, AIR PROOF OF SERVICE DECLARATION (CALFORNIA CIVIL CODE § § 8100-8118) I, Megan Featherston, declare that I served copies of the above STOP PAYMENT NOTICE - PUBLIC WORKS, (check appropriate box): By personally delivering copies to (names(s) and title(s) of person served) at November 8, 2013 (date), at (time). (address), on ® By Registered or Certified Mail, Express Mail or Overnight Delivery by an express service carrier, addressed to each of the parties at the address shown above on November 8, 2013. By leaving the notice and mailing a copy in the manner provided in § 415.20 of the California Code of Civil Procedure for service of Summons and Complaint in a Civil Action. I certify under penalty of perjury that the foregoing is true and correct. Signed at Orange, CA on November 8, 2013, n a By: to L Y u I`� #� L" Megan Featherston, AIR J C zite I } .J Copies Sent To: City Council City Manager City Attorney File �u� Date <O 11-7 113 Copies Se. ro: City Council City Manager City Attorney File AP PILJ RE"FIVED rzl".) I I NT 17 ""I " 15 RELEASE OF STOP PAYMENT NbTICE (Civil Code § 8128) TO: City of Newport Beach (owner, construction lender or public entity) 100 Civic Center Drive (address) Newport Beach, CA 92660 YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated September 5, 2013 in the amount of $177,253.00 against City of Newport Beach public body and C W Driver Builders as owner or as direct contractor in connection with the work or improvement known as Newport Beach Civic Center and Park Project in the City of Newport County of Orange , State of California. This Release of Stop Payment Notice is given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. October 9, 2013 Name of Claimant: Anning Johnson Company Address: 13250 Temple Ave, Industry, CA 91746 Telephone: 626 363 8693 1 y By: gnatu Monique Hut -/accourenting VERIFICATION (Title) I, the undersigned, state: I am the Accounting of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 9 20, at Industry , State of California. Signature of C aim uthonzed Agent C&B Fonns 03/2012 J '9 - Date Copies Sent To: City Council City Manager City Attorney File 13 i?CT 11 7: 25 OF RELEASE OF STOP PAYMENT NOTICE (Civil Code § 8128) TO: City of Newport Beach (owner, construction lender or public entity) 3300 Newport Blvd (address) Newport Beach, CA 92663 YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated September 5, 2013 in the amount of $177,253.00 against City of Newport Beach public body and C W Driver Builders as owner or as direct contractor in connection with the work or improvement known as Newport Beach Civic Center and Park Project in the City of Newport County of Orange , State of California. This Release of Stop Payment Notice is given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. Date: October 9, 2013 Name of Claimant: Anning Johnson Company Address: 13250 Temple Ave, Industry, CA 91746 Telephone: 626 363 8693 By: Monique Hut }Vecounting VERIFICATION (Title) I, the undersigned, state: I am the Accounting of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 9 1 20 n-, at Industry , State of California. Date Copies Sent TO: City Council City Manager ---,74-City Attorney File t� W To: City of Newport Beach STOP PAYMENT NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or va P' t W k f I t oa or o proveen mmI (Per California Civil Code Section 8520, 8530 & 9350) (Name of owner, pubrm body or mnsbuc ion lender) 3300 Newport Blvd (Address, tdirected to a bsok use address of branch holding fund) Newport Beach, CA 92663 (t directed to public erlbl , to the depedment or officer whose duly g is c make payments) Name and address of the Project Owner (or reputed owner): Name and address of the Direct Contractor: Name and address of the Construction Lender (n any): „Il Project: Newport Beach Civic Center and Park Project (Name) 1100 Avocado Drive (Straet Add. or Legal eeacdpdon) Newport Beach, CA 92660 City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 C W Driver Builders 15615 Alton Parkway, Suite 150, Irvine, CA 92618 TAKE NOTICE THAT Arming Johnson Company (Claimant) (Legal name of Ne person or fanodeiming the slop payment notce) whose address is 13250 Temple Ave, City of Industry, CA 91746 (Addreas of person or fmn clavning stop nosee has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the Claimant to the other parties is: Sub Contractor The work furnished by claimant is: Labor/Material for Metal Deck (generally describe bbpo sem., equipment, or material fumbhM or agreed to be fumishea by daimant) The labor and materials were furnished at the request of the following party, C W Driver Builders Total value of the whole amount of labor and materials agreed to be furnished is ...... $ 713,444.00 The value of the labor and materials furnished to date is: ............. ... — ... — ....... ....... $ 713,444.00 Claimant has been paid the sum of : ........ ............. .......................... ....................... ................... $ 537,191.00 and there is due, owing and unpaid the sum of: .... .................................. .... _ $ 177.253.00 You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated September 5, 2013 NAME: Arming Johnson Company O.wp Mica ndtca cbiimpa/n)) (owner or agent of load nonce claimant must sign hale and vedy below) Authorized Capacity: Accounting VERIFICATION I, the undersigned, slate: 1 em the Accounting of the claimant named in the (i'rtb -"President, "PaMer', "Owner, "Agent, etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is We of my own knowledge. 1 declare under penalty of perjury under the laws of the Stake of California that the foregoing is true and correct. Ezecmted on September 5, 2013 at City of Industry , California. (nate Nis document was o cedi I P- (name ofvty me. sled notice dichad) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 8536 & 8538) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded, Please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 8536 & 8538. Signed: (Claimant must enclose sett -addressed stamped envelope) PROOF OF NOTICE DECLARATION (Per California Civil Code Section 8118) I Monique Huth , declare that I served a copy of the Stop Payment Notice on the party at the address and on the date shown below: To Construction Lender/Owner/Public Entity/Or Other Person Holding Construction Funds: (name) City of Newport Beach _ (title or capacity of individual given notice) City Clerk Office (address) 3300 Newport Blvd, Newport Beach, CA 92663 (date) September 5, 2013 Stop Payment Notice should be served at the following location: (a) To an owner other than a public entity, the owner's address shown on the direct contract, the building permit or a construction trust deed; (b) To a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers or other documents. A Stop Payment Notice for a public works contract of the state, shall be given to the director of the department that awarded the contract; and to a public entity other than the state, to the office of the controller, auditor or other public disbursing officer whose duty it is to make payment pursuant to the contract (see Civil Code §9354 for more information). (c) To a direct contractor, at the contractor's address shown on the building permit, on the direct contract, or on the records of the Contractors' State License Board. In the following manner (check appropriate box): [ ] By personal delivery A JA -By Registered or Certified Mail (postage prepaid) [ ] Express =it [ ] Overnight delivery by an express service carrier I declare under penalty of perjury, that the foregoing is true and correct. Executed on September 5, 2013 at City of Industry California. %j1 vi(i1a51 (Sign@mre of person making service) C&B Forms (7112) STOP PAYMENT NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work of Improvement) (Per California Civil Code Section 8520, 8530 & 9350) TO: City of Newport Beach Project. Newport Beach Civic Center and Park Project (Name of Mora, public entity or construction tender) (Name) 100 Civic Center Drive 1100 Avocado Drive (Address, Hdeddled toa bank use address of branch holding rend) Newport Beach, CA 92660 (Some Address or Legal Description) Newport Beach, CA 92660 (Ntliredied M public endy, to the department or oRicer whose duty it is to make payments) Name and address of the Project Owner (or reputed owner): City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 Name and address of the Direct Contractor: C W Driver Builders 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Name and address of the Construction Lender (it any): TAKE NOTICE THAT honing Johnson Company (Legal name of the (Claimant) person or fur claiming tee slop payment notice) whose address is 13250 Temple Ave, City of Industry, CA 91746 (Address of person or fon claiming atop notice) has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the Claimant to the other parties is: Sub Contractor ..,r1 The work furnished by claimant is: Labor/Material for Metal Deck '? .y.,.... . (generally describe labor, senses, equisment, or odderet imembed or agreed to be tumishad by claimant) The labor and materials were furnished at the request of the following pa C W Driver Builders LUch rty Wo0 cv Total value of the whole amount of labor and materials agreed to be furnished is ...... g 713,444.00 lamiza �p o The value of the labor and materials furnished to date is: ... -- ................... ...... S 713,444.00 IIS; d, Claimant has been paid the sum of: ......................................................................................... g 537,191.00 and there is due, owing and unpaid the sum of : .......... ....... ............. ...................... g 177,253.00 You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant ctiL an equitable lien against any construction funds for this project which are in your hands, September 5, 2013 NAME: Arming Johnson Company '-t (Name ofstep noe. did imant) (Owner wag a a step notice claimant must sign here end verify blow) Authorized Capacity: Accounting VERIFICATION 1, the undersigned, stale: I am [he Accounting of the claimant named in the (Tdie-"PresJanr, "PadneP, "ewnef, 'Agent", etcJ foregoing Stop Notes: 1 have mad said Stop Notice and know the contents mutant, the same is We of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is We and correct. Executed on September 5, 2013 ei City of Industry California. By: REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 8536 & 8538) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 8536 & 8538. Signed: (Claimant must enclose self-addressed stamped envelope) PROOF OF NOTICE DECLARATION (Per California Civil Code Section 8118) l Monique Huth , declare that I served a copy of the Stop Pay ment Notice on the party at the address and on the date shown below: To Construction Lender/Owner/Public Entity/Or Other Person Holding Construction Funds: (name) City of Newport Beach (title or capacity of individual given notice) City Clerk Office (address) 100 Civic Center Drive, Newport Beach, CA 92660 (date) September 5, 2013 Stop Payment Notice should be served at the following location: (a) Tom owner other than a public entity, the owner's address shown on the direct contract, the building permit or a construction trust deed; (b) To a public eatlty, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers or other documents. A Stop Payment Notice for a public works contract of the state, shall be given to the director of the department that awarded the contract; and to a public entity other than the state, to the office of the controller, auditor or other public disbursing officer whose duty it is to make payment pursuant to the contract (see Civil Code §9354 for more information). (c) To a direct contractor, at the contractor's address shown on the building permit, on the direct contract, or on the records of the Contractors' State License Board. In the following manner (check appropriate box): [ ] By personal delivery T[ ] By Registered or Certified Mail (postage prepaid) [ ] Express mail [ ] Overnight delivery by an express service carrier I declare under penalty of perjury, that the foregoing is true and correct. Executed on September 5, 2013 , at City of Industry , California. r (Signature of person making service) C&B Forms (7/12) jL 111 7�4 STOP PAYMENT NOTICE (PUBLIC WORKS OF IMPROVEMENT}' ` California Civil Code §§ 8044, 8100, et seq., 9350, at seq, r YOU ARE HEREBY NOTIFIED THAT: Name of Clalmant: Park West Landscape Inc ('Park West" or "Claimant') Address of Claimant: 22421 Gilberto Suite A Rancho Santa Margarita California 96288 Relationship of the Claimant to the parties above: Subcontractor to C.W. Driver, and G W Driver was General Contractor to City of Newport Beach The Claimant has furnished and/or will furnish work, labor, services, equipment and/or material of the following general description: (Description of work): Landscape, irrigation and paving work all as more specifically described In the Subcontract between Claimant Park West and C.W. Driver. For the work of Improvement located at the following address or site described sufficiently for Identification: (Address and/or legal description of site): Newport Beach Civic Center And Park Protect at or about 1100 Avocado Drive, Newport Beach California 92660 The person or firm to whom such work, labor, services, equipment and/or material was or will be provided Is: (Name): City of Newport Beach. The Claimant's demand is $2.410,207.00, which Is the amount due the Claimant for work, labor, services, equipment and/or material provided, after deducting all Just credits and offsets, as of the date of this stop payment notice, The estimate of the total amount in value of the work still to be provided is: $70,000.00, The total amount in value of work by Park West overall at the Newport Beach Civic Center And Park Project is $6,150,835.44. DATE: August 7, 2013 =gate 11?13 Copies Sent To: City Council City Manager City Attorney cn/ He >DW Park West Landscape Inc (Finn Name) (Signature of Clalmant or Claimant's Authorized Agent) James Tracy (Print Name of Clalmant orClalmanPs Authorized Agent) Chlef Financial Officer (OrRCI.1 Capacltyj TO: PUBLIC ENTITY TO: DIRECT CONTRACTOR Name; City or Newport Beach Name: C.W. Driver _ S1rervAddress: 3300 Newport Blvd. SVeaVAddrasa: 468 N. Rosemead Blvd. clty(SmIaMp: Newport Beach, CA 92663 Clly/Sfate0p: Paseaena, Callfomla 91107 AND AND Name: City of Newport Beach Name: C.W. Driver $IreaVAddreee:1000ivic Center Drlve Stram Addrese: 15615 Alton Parkway, Sidle 150 CilyfSt chap; Newport Beach, CA 92660 City/Slala0p: Irvine, Callfomla 92618 YOU ARE HEREBY NOTIFIED THAT: Name of Clalmant: Park West Landscape Inc ('Park West" or "Claimant') Address of Claimant: 22421 Gilberto Suite A Rancho Santa Margarita California 96288 Relationship of the Claimant to the parties above: Subcontractor to C.W. Driver, and G W Driver was General Contractor to City of Newport Beach The Claimant has furnished and/or will furnish work, labor, services, equipment and/or material of the following general description: (Description of work): Landscape, irrigation and paving work all as more specifically described In the Subcontract between Claimant Park West and C.W. Driver. For the work of Improvement located at the following address or site described sufficiently for Identification: (Address and/or legal description of site): Newport Beach Civic Center And Park Protect at or about 1100 Avocado Drive, Newport Beach California 92660 The person or firm to whom such work, labor, services, equipment and/or material was or will be provided Is: (Name): City of Newport Beach. The Claimant's demand is $2.410,207.00, which Is the amount due the Claimant for work, labor, services, equipment and/or material provided, after deducting all Just credits and offsets, as of the date of this stop payment notice, The estimate of the total amount in value of the work still to be provided is: $70,000.00, The total amount in value of work by Park West overall at the Newport Beach Civic Center And Park Project is $6,150,835.44. DATE: August 7, 2013 =gate 11?13 Copies Sent To: City Council City Manager City Attorney cn/ He >DW Park West Landscape Inc (Finn Name) (Signature of Clalmant or Claimant's Authorized Agent) James Tracy (Print Name of Clalmant orClalmanPs Authorized Agent) Chlef Financial Officer (OrRCI.1 Capacltyj VERIFICATION 1, James Tracy, state: I am the Chief Financial Officer and Authorized Agent of Park West Landscape, Inc., the Claimant named in the foregoing STOP PAYMENT NOTICE (PUBLIC WORKS OF IMPROVEMENT). I have read said STOP PAYMENT NOTICE (PUBLIC WORKS OF IMPROVEMENT) and know the contents thereof; the same Is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on: August 7, 2013, at Rancho Santa Margarita, California. (Signatureo( Usrmanl or Aulhodzad Agunq CALIFORNIA PUBLIC WORKS STOP PAYMENT NOTICE To: CITY OF .• DEPT. OF PUBLIC WORKS •E CIVIC CENTER DRIVE NEWPORT.• To: CITY OF -• DEPT. OF +r NEWPORT3300 NEWPORT BOULEVARD DRIVER 15615 ALTON PARKWAY, STE. 150 IRVINE,CA 92618 BLACKTOP PAVINP. r BOX 610084 REDWOOD CITY, CA 94061 278479 0) C -_most JUL 15 Pq q: Date 7//513 Copies Sent To: City Council Gity Manager City Attorney File Pc�1 - • r ., •.• r E . ..r�. Hertz Equipment Rental Corp. ("claimant") whose address is 14501 Hertz Quail Springs Parkway, Oklahoma City, OK 73134, has furnished heavy construction equipment to the work of improvement described on the project above. The value of the whole unpaid balance is $3,772.12 . Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Payment Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and know the contents thereof; and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 10, 2013 at Oklahoma City, OK. Allison Simmons; Lien/Bond Analyst Hertz Equipment Rental Corp. 14501 Hertz Quail Springs Parkway Oklahoma City, OK 73134 (405) 775-4580 asimmons(o)hertz.com CALIFORNIA PUBLIC WORKS STOP PAYMENT NOTICE Blacktop Paving, Inc. whose address is P.O. Box 610084, Redwood City, CA 94061, has furnished labor and material to install pedestrian pathways at the work of improvement described on the project above. The value of the whole unpaid balance is $46,029.95. Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Payment Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and knows the contents thereof; and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. ly 29, ?013 at Redwood City, California. David L. Strong Branson Brinkop Gri ith & Strong, LLP 643 Bair Island Road, Suite 400 Redwood City, CA 94063 T: (650) 365-7710 e-mail: dstrone@bbgslaw.com Counsel for Blacktop Pavine. Inc. Date �31 113 Copies Sent To: City Council City Manager City Attorney V File TO: CITY OF NEWPORT BEACH ECEIVENj " .DEPT. OF PUBLIC WORKS 100 CIVIC CENTER DRIVE JUL 31 2013 NEWPORT BEACH, CA 92660 BY: r TO: CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 TO: C.W. DRIVER 15615 ALTON PARKWAY, STE. 150 'I IRVINE, CA 92618 'TJ TO: PARK WEST LANDSCAPE, INC. �? 1215 GRAPHITE DR. CORONA, CA 92881 �Fri y J Regarding project described as: NEWPORT BEACH CIVIC CENTER & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA. Blacktop Paving, Inc. whose address is P.O. Box 610084, Redwood City, CA 94061, has furnished labor and material to install pedestrian pathways at the work of improvement described on the project above. The value of the whole unpaid balance is $46,029.95. Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Payment Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and knows the contents thereof; and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. ly 29, ?013 at Redwood City, California. David L. Strong Branson Brinkop Gri ith & Strong, LLP 643 Bair Island Road, Suite 400 Redwood City, CA 94063 T: (650) 365-7710 e-mail: dstrone@bbgslaw.com Counsel for Blacktop Pavine. Inc. Date �31 113 Copies Sent To: City Council City Manager City Attorney V File CALIFORNIA PUBLIC WORKS STOP PAYMENT NOTICE TO: CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 TO: CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 TO: C.W. DRIVER 15615 ALTON PARKWAY, STE. 150 IRVINE, CA 92618 TO: PARK WEST LANDSCAPE, INC. 1215 GRAPHITE DR. CORONA, CA 92881 rsci�;�1\/ED n r ..0 nE Vni- . V EEM AUG 01 2013 BY: IC" Regarding project described as: NEWPORT BEACH CIVIC CENTER & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA. Blacktop Paving, Inc. whose address is P.O. Box 610084, Redwood City, CA 94061, has furnished labor and material to install pedestrian pathways at the work of improvement described on the project above. The value of the whole unpaid balance is $46,029.95. Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Hertz Equipment Rental Corporation, claimant, of the foregoing Stop Payment Notice; I am authorized to make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and knows the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. ly 29, X013 at Redwood City, California. David L. Strong Branson Brinkop Grif ith & Strong, LLP 643 Bair Island Road, Suite 400 Redwood City, CA 94063 T:(650)365-7710 e-mail: dstrone@bbaslaw.com Counsel for Blacktoo Pavine. Inc. Late gl 1//3 Copies Sent To: City Council City Manager City Attorney File PGJ Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of Improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Blacktop Paving, Inc., claimant, of the foregoing Stop Payment Notice; I am authorized to. make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and knows the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. July 29, David L. Strong . Branson Brinkop Griffith 643 Bair Island Road, Sui Redwood City, CA 94063 T: (650) 365-7710 Redwood City, California. .90 e-mail: dstrong@bbgslaw.com Counsel for Blacktoo Pavine. Inc. ME, Date F413 Copies Sent To: City Council City Manager _..,City Attorney File 0=m6 ' CALIFORNIA PUBLIC WORKS STOP PAYMENT NOTICE TO: . CITY OF NEWPORT BEACH DEPT. OF PUBLIC WORKS 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 TO: CITY OF NEWPORT BEACH 1fECEIVE i AUG 0 2 2013 DEPT. OF PUBLIC WORKS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 i BY.- TO: C.W. DRIVER :e 15615 ALTON PARKWAY, STE. 150 IRVINE, CA 92618 „ F1 TO: PARK WEST LANDSCAPE, INC. ;ter Cr .� 1215 GRAPHITE DR. CORONA, CA 92881 ;D Regarding project described as: NEWPORT BEACH CIVIC CENTER fJ & PARK PROJECT, AVOCADO AVENUE AND SAN MIGUEL DRIVE, NEWPORT BEACH, CA, Blacktop Paving, Inc. whose address is P.O. Box 610084, Redwood City, CA 94061, has furnished labor and material to install pedestrian pathways at the work of improvement described on the project above. The value of the whole unpaid balance is $46,029.95. Pursuant to Civil Code Section 9350 et seq., it is your duty upon receipt of this Stop Payment Notice to withhold from the direct contractor, or from any person acting under his/her authority, money or bonds (where bonds are to be issued in payment for the work of Improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Payment Notice and to provide for the reasonable cost of any litigation of Blacktop Paving, Inc., claimant, of the foregoing Stop Payment Notice; I am authorized to. make this verification on behalf of the claimant; I have read the forgoing Stop Payment Notice and knows the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. July 29, David L. Strong . Branson Brinkop Griffith 643 Bair Island Road, Sui Redwood City, CA 94063 T: (650) 365-7710 Redwood City, California. .90 e-mail: dstrong@bbgslaw.com Counsel for Blacktoo Pavine. Inc. ME, Date F413 Copies Sent To: City Council City Manager _..,City Attorney File BY AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO. " Carnevale & Lohr, Inc. STREE, nDDRES, 6521 Clara St. 01Y STME A UP60ok Bell Gardens, CA 90201 P.-aow "a 712013 20130089617* 'ZI RELEASE OF MECHANIC'S LIEN The Mechanic's Lien executed by the undersigned against and claiming alien upon the following described real properly situated in the County of ..Orange State of California, to wit! Newport Beach Civic Center Parking Structure 1100 Avocado Dr. Newport Beach, CA 92660 dated the 31stday of December 2012 and recorded in the office of the County Recorder of Los Angeles County on the 31st dayof December 120 12 as Instrument No. 20122030077 is hereby released, the claim thereunder having been fully paid and satisfied. Dated 01-17-13 — Edmund B. Lohr, IV, Vice President • 0 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired, • Print your name and address on the reverse' -T so that we can return the card to you. B, • Attach this card to the back of the mallplece, Receiv by( rinted Name) &I C. Date of Delivery or on the front if space permits. I I Article Addressed to: D. Is delivery address different from item I ? 0 Yes If YES, enter delivery address below: El No "J �J all S. Service Type 3111166erfifled Mail 0 Express mail 0 Registered El Return Receipt for Merchandise ,�9 cPt'�'/ 13 Insured Mail O.O.D. 13 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Alle Number - rrl, nsier from senice labe# 7012 2210 0000 2857 3688 '9 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540, i State of California County of L�o s f'- (e_S On ZR*AAM 17,2a13 before me, $+avtc•a. Cil lovtiz, Noj%cy 1'f�blie ��aie 1 Here Man Name and Title of the udder personally appeared _ uttyy tYAG 13 • U> �L Na.(.) of Signers) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(a) islara subscribed to the within instrument and acknowledged to me that heleHe!#tiey executed the same in his/+tef*ieir authorized capacity(ies•), and that by hisA4erAHeir signature(e) on the i6•'LA * 'A "`"` instrument the person (a), GILLONIZ p (e), ar the entity upon behalf of commission # 1989931 which the persons) acted, executed the instrument. z Notary Public - California z Los Angeles ' I certify under PENALTY OF PERJURY under the laws eMy Carrm. Expires Sep 28. 2016 of the State of California that the foregoing g g paragraphis true and correct. WITNESS my hand and official seal. Signature 1 Place Notary Seal Above Signature of Notary P to OPTIONAL hough the information below is not required by lav✓, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document -v f Yl t Title or Type of Document: Rel eA-so Y e-ckA rti'C-r$ L i 2e-� Document Date: ; &^AAAk V 1`7 l 20 t 3 Number of Pages: l f Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: i Airyworlj [3. L-04 %�5 Signer's Name: G Individual❑Individual R Corporate Officer —Title(s): V t CZ �i�CS • ❑ Corporate Officer —Title(s): Partner —❑ Limited 0 General ❑ Partner —❑ Limited Ci General _ Attorney in Fact ❑ Attorney in Pact Trustee t Top of thumb here p Trustee Top of thumb here Gus rdian,or Conservator C Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer is Representing: CevIll WAee t Lv� ®2001 Nat i Notary Aseecla"on• 9350 De SOW Am, P.O. Box 2402• Chat orth, CA 91313.2402• w .NalicnalNolaryorg IteM#5901 Reorder: Call loll -Fres 1-e00 878 7 OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 11, 2013 Mr. Edmund B. Lohr, IV, Vice President Carnevale & Lohr, Idc. 6521 Clara Street Bell Gardens, CA 90201 Re: Rejection and Return of Mechanic's Lien Contract No. 4021 w/ CW Driver Dear Mr. Lohr: Enclosed please find the original Mechanic's Lien filed by Bomel Construction Company, Inc. for the work performed on behalf of CW Driver. Please note; this Mechanics Lien is being rejected and returned to you because public works projects are not subject to mechanic liens pursuant to California Civil Code Section 9350 et seq. Sincer y, Leilani I. Brown, MMC City Clerk Enclosure. cc: Shari Rooks, Public Works /\ L 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 MAIL TO NAME Carnevale & Lohr, , Inc. STREET ADDRESS 6521 Clara St. CITY Bell Gardens, CA 90201 STATE ZIP Date I -j' j3 p r £ L• 1` t i �eCCfU 'd N§V�il��ali�Ful r. r 20122030077 JOS A; L." ��irlo i r C MECHANIC'S LIEN (Claim of Lien) USE The unders pried. __Carnevale & Lohr, , Inc. referred to in this Claim of (F�il Name at Parson or Fum Cla,mmg MecM1ernc s L,a ,. Conlrac.ar use name ---0;Y as it appears on Convettur's License./ Lien as the Claimant, claims a mechanic's lien for the labor, services, equipment and/or materials described below, furnished for a work of improvement upon that certain real property located in the City of Newport BeachCounty of Orange , State of California, and described as follows: Newport BeaC9�ivic Center Parking Structure 1100 Avocado Dr. Newport Beac , CA G -GU- Although the Street Address Is Suffi lent, file Advisable to Give Both Na Street Address and the Legal Desorlption.) After deducting all just credits and offsets, the sum of $ 5 , 716 .0 0 together with (Amount pf [aim and npaid) interest thereon at the rate of 6% per cent per annum from ) 1d (See Note on Reverse Side) (Dale when Amount of Cleim Became Due) is due Claimant for the following labor, services, equipment and/or materials furnished by Claimant: Furnish and install stone work (General Description of the Work and/or Materials Furnished) The name of the person or company by whom Claimant was employed, or to whom Claimant furnished the labor, services, equipment and/or materials is Bomel Construction Company Inc (Usually Name of Person or Firm Who Ordered from, or Commcted with Claimant for the Work andlor Materials) The name(s) and address(es) of the owner(s) or reputed owner(s) of the real property is/are: City of Newport ch, 3300 Newport Blvd.,Newport Beach, CA 92663-3884 (This Information may be obtained SEE REVERSE SIDE FOR ADDITIONAL INSTRUCTIONS the Building Name of Claimant Carnevale & Lohr, , Inc. (See Instructions on Reverse Side for Proper Signing) By RIP VERIFICATION Vice Presiden I, the undersigned, declare: I am the Vice President of Carnevale & Lohr, , Inc. mue) (Name of Claimant) the Claimant named in the foregoing claim of mechanic's lien; I am authorized to make this Verification for the Claimant; I have read the foregoing claim of mechanic's lien and know the contents thereof, and the same is true to my own knowledge. I declare under penalty of perjury under the laws of the State of California theme foregoing is true and correct. Edmund B. Lohr. I Mechanles Before you use this form, fill in all blanks, and make whatever changes are WOLCOTTS FORM 1024 - (price class 3B) appropriate and necessary to your particular transaction. Consult a lawyer II�II'�II�III I� I I�I'IIII� I) MECHANIC'S LIEN (Claim of Lien) if you doubt the form's fitness for your purpose and use. Wolcol s makes 01999 WOLCOTTS FORMS, INC. no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an Intended use or purpose. 7 67775 39024 7 NOTICE OF MECHANIC'S LIEN ATTENTION! Upon the recording of the enclosed MECHANIC'S LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanic's lien is recorded. The party identified in the mechanic's lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanic's lien foreclosure action against your property. The foreclosure action will seek a sale of your property in order to pay for unpaid labor, materials, or improvements provided to your property. This may affect your ability to borrow against, refinance, or sell the property until the mechanic's lien is released. BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE INFORMATION ON MECHANIC'S LIENS GO TO THE CONTRACTORS' STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov. PROOF OF SERVICE AFFIDAVIT I, Maria Zendeias declare that I served a copy of the enclosed Claim of Mechanic's Lien and Notice of Mechanic's Lien by First Class Mail evidenced by a Certificate of Mailing, postage prepaid, to the Property Owner(s) City of Newport Beach the address 3300 Newport Blvd, Newport Beach, CA 92663 as required by California Civil Code Section 8416 on December 31, 2012 at the United States Postal Service located in Bell Gardens, California and that I signed this proof of service affidavit on December 31, 2012 in the City of Norwalk, County of Los Angeles, State of California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. RELEASE OF STOP PAYMENT NOTICE IN ITS ENTIRETY • PUBLIC WORKS (CA Civil Code §§ 8044, &128, 9380 at seQ TO: PUBLIC ENTITY DIRECT CONTRACTOR CONSTRUCTION LENDER, If any (CA Civ. Code §§ 8036) (CA Cly. Code § 8018) (CA Civ. Code§ 8008) NAME; City of Newport Beach C.W. Driver ADDRESS: 100 Civic Center Drive 15615 Alton Parkway, St 105 Newport Beach, CA 92660 Irvine, CA 92618 THEUNDERSIGNED, Montbleau & Associates, Inc. (use name as Opted on contractor's 8cense), HEREBY ENTIRELY RELEASES AND FULLY DISCHARGES THE STOP PAYMENT NOTICE DATED November 2 0 2 013 (date), WHICHWASATTHATTIMEINTHEAMOUNTOF$352,065.52 ,AGAINST City of Newport Beach AS THE OWNER OF THE WORK OF IMPROVEMENT OR THE PUBLIC ENTITY, OR (IF APPLICABLE) AGAINST Contra,:lor: AS DIRECT CONTRACTOR FOR THE WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION: Address: or oescript.on: Newport Beach Civic Center and Park Project 'DATE: '',02/17/20,14 NAME OF CLAIMANT: Montbleau & Associates, Inc. (Finn Name) I r' BY: (Sgnalureof ClaenantorAulhorized Agent) c"G, U {? L L.. STATE OF CALIFORNIA COUNTYOF San Diego On 02/17/2014 (date), before me, �' 1'� ZrmCr� NotaryPublic(nameandttleofotficer) KIM ZIMLICH personallyappearad r arb( whapmvedtomeon GommissIon # 1935055 the basis of satisfactory evidence to beth persona) whose name(s}islaresubscdbed to the z -v Notary Pubite - Callfornla z w thin instmmant and acknowledged to me that helshefWey executed the same in hisPoerAheir z San Dlego County authomedcapacity(es),andthatbyhis/hantheirsignature{s) oniheinsbumentth8person(a,or My Comm. Expires May 25, 2415 the entity upon behalf of which the pe sons) acted, executed the instmmant. I certify under PENALTY OF PUR.IURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. r� Signature Copies Sent To: City Council City Manager City Attorney ✓Fide O Porter Law Group, Ina 2012 &-p City Attorney c/o City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 November 20, 2013 Dear Sir, Copies Sent To: City Council —City Manage �✓�,. File ®y I have included a Stop Payment Notice on the Newport Beach Civic Center and Park Project. The amount shown on the attached notice includes revised and updated costs from the previously submitted Request for Equitable Adjustment plus the remaining retention due. $321,738.52 Retention due 30,327.00 Stop Payment Notice $352,065.52 If you have any questions, please contact me or Ron Montbleau. Respectfully, a Barton Ward, Executive Vice President 619 247-7555 � ..j cc: Ron Montbleau, President & CEO, Montbleau & Associates, Inc. " Stephen Badum, Asst. City Manager, City of Newport Beach William Hahn, Sr. Project Manager, C.W. Driver 555 Raven Street, San Diego, CA 92102 T: 619 263-5550; F: 619 263-5551 Lie. # 617734 Stop Payment Notice CALIFORNIA CIVIL CODE SECTION 8044 NOTICE TO: CITY OF NEWPORT BEACH, 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 (If Private Job - File with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner - CIVIL CODE SECTIONS 8500 - 8560) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract - CIVIL CODE SECTIONS 9350 - 95 10) Direct Contractor: C.W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Sub Contractor (If Any): Owner or Public Body: City of Newport Beach Improvement known as Newport Beach Civic Center and Park Project County of Orange , State of California. Montbleau & Associates, Inc. Claimant, a subcontractor furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is C.W. Driver The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was: Furnish and install all finished carpentry, architectural woodwork, cabinets, case work, counter Total value of labor, service, equipment, or materials agreed to be furnished.. Total value of labor, service, equipment, or materials actually furnished is..... Credit for materials retained, if any ................................................... ............. I $ $ 2,328,273.52 Amount paid on account, if any..................................................................... $1,976,208.00 Amount due after deducting all just credits and offsets .......................................... $ 352,065.52 at al. YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 352,065.52 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) attached. (Bond required with Stop Payment Notice served on construction lender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs) Date: Name of Claimant: Montbleau & Associates, Inc. By: VERIFICATION I, the undersigned, state: I am the ,4—FXf t" UG of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on /y41L1X11,3&7-- Zo 2ol 3 at 62/ii-rte 0 1X-46 State of California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8536 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Section 8538. Signed: THIS AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Six"), is entered into as of this 9th day of October, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the GMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of project signing and the installation of dry utilities modifications to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. i� AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR i NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE V (EXTENDED GENERAL CONDITIONS) THIS AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Six"), is entered into as of this 9th day of October, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the GMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of project signing and the installation of dry utilities modifications to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. F. On October 23, 2012, City and CM entered into Amendment No. Five to the CM Contract ("Amendment No. Five") for additional services not included in the CM Contract or prior amendments for Library Clerestory repair to increase the GMP by $720,913.00 for a total GMP of $106,504,125.00. G. City desires to enter into this Amendment No. Six for additional services not included in the CM Contract, or prior Amendments for extended general conditions and to increase the GMP by $1,400,000.00 for a total GMP of $107,904,125.00. H. City and CM mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred and Seven Million Nine Hundred Four Thousand Three Hundred Twenty - Five Dollars and 001100 ($107,904.125.00). Payment by City to CM shall not be a waiver of any of City's rights to recover damages or any other type of monetary or non monetary relief including reimbursement of any amounts paid by City to CM. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Six on the dates written below. APPROVED AS TO FORM: CITY ATTOR E'S OFFICE Date: ►U By: O VEL 11/� _ Aaron C. Harp City Attorney CITY OF NEWPORT BEACH, A California municipal corpo ation Date: _ By: Keith D. Curry Mayor ATTEST: 2 C.W. DRIVER, INC., a California Date: % Corporation Date: 0.3 %iy/ice B. Y Leilani I. Brown Da City Clerk _ P esident L-gLi F7, -:W0 Date: 3''Z��i�% Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] C.W. DRIVER, INC. Page 3 = CITY OF o zNEWPORT BEACH City Council Staff Report Agenda Item No.10 October &, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949-644-3002, sbadum newportbeachca.gov PREPARED BY: Stephen G. Badum, Assistant City Manager APPROVED: 0 - TITLE: Close-out and Final Amendment to the Construction Manager at Risk Contract for Civic Center & Park Project with C.W. Driver ABSTRACT: This item is the close-out amendment to the Construction Manager at Risk Contract for Civic Center and Park project with C.W. Driver. The amendment addresses the authorization for the extended General Conditions for the period of January 2013 to the present. At its meeting on June 11, the City Co close-out amendment. With the project complete, Driver agreement accordingly and authorizes the Completion. RECOMMENDATIONS: uncil budgeted the resources for this this item follows -up by amending the City Manager to file the Notice of 1) Authorize the Mayor to sign the final close-out amendment to the Construction Manager at Risk Contract for Civic Center and Park project with C.W. Driver. 2) Delegate the authority to file a Notice of Completion for the Civic Center & Park project to the City Manager upon his determination that the project is fully complete. Close-out and Final Amendment to the Construction Manager at Risk Contract for Civic Center & Park Project with October 8, 2013 Page 2 FUNDING REQUIREMENTS: At the June 11, 2013 City Council Meeting, a budget amendment was approved to cover the cost of project changes and extended general conditions for the project (approximately $1.4M). DISCUSSION: Following the design process, the original construction contract envisioned a 24 -month construction period from start to finish. While the project was substantially finished in January 2013, the final completion date was extended to June 2013. This is due to various factors including material delays, scheduling conflicts, weather, and the overall complexity of the project. The additional time required resulted in increased costs to the contractor, C.W. Driver (CWD), for general conditions. Since June, the construction team has been reduced substantially and has been working on various "punchlist" items (ongoing corrections and minor construction changes). Construction General Conditions As previously noted, CWD has continued to provide "general conditions" for the project on a time and materials basis. General conditions typically include the fixed costs for the construction field office (including construction trailers, office equipment, portable restrooms, copiers, computers, telephone and equipment), personnel to staff the project (including superintendent, inspection and support staff), and the coordination with the architect team, subcontractors, and City representatives. To help reduce these costs, CWD's construction management staff was downsized in early 2013 and the construction trailers and fencing were removed. CWD's project office was temporarily located in the new Training Room / Command Center until July 2013. The estimated additional cost for the extended general condition period and any residual work past July was established to be $1,400,000, and C.W. Driver has agreed to limit their request for extended general conditions to this amount. With the approval of this amendment, the contract total will be $107,904,125. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQK) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). z Close-out and Final Amendment to the Construction Manager at Risk Contract for Civic Center & Park Project with October 8, 2013 Page 3 Submitted by: Badum City Manager CM@R Contract Amendment AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE (EXTENDED GENERAL CONDITIONS) THIS AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Six'), is entered into as of this 9th day of October, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project'). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One'), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Hail Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the CMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of project signing and the installation of dry utilities modifications to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. F. On October 23, 2012, City and CM entered into Amendment No. Five to the CM Contract ("Amendment No. Five") for additional services not included in the CM Contract or prior amendments for Library Clerestory repair to increase the GMP by $720,913.00 for a total GMP of $106,504,125.00. . G. City desires to enter into this Amendment No. Six for additional services not included in the CM Contract, or prior Amendments for extended general conditions and to increase the GMP by $1,400,000.00 for a total GMP of $107,904,125.00. H. City and Consultant mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred and Seven Million Nine Hundred Four Thousand Three Hundred Twenty - Five Dollars and 001100 ($107,904.125.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 2 s IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Six on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1012113 By: v ,/ Aaron C. Harp , City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Keith D. Curry Mayor CONSULTANT: C.W. DRIVER, INC., a California Corporation By: Dana Roberts President Date: Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] C.W. DRIVER, INC. Page 3 Agenda Item No. 10 October 8, 2013 t 1 , I AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE (EXTENDED GENERAL CONDITIONS) THIS AMENDMENT NO. SIX TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Six"), is entered into as of this 9th day of October, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the GGMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCI P"). D. On November 29, 2011, City and CM entered into Amendment No. Three. to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM Contract or prior amendments to add the fabrication and installation of project signing and the installation of dry utilities modifications to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. F. On October 23, 2012, City and CM entered into Amendment No. Five to the CM Contract ("Amendment No. Five') for additional services not included in the CM Contract or prior amendments for Library Clerestory repair to increase the GMP by $720,913.00 for a total GMP of $106,504,125.00, G, City desires to enter into this Amendment No. Six for additional services not included in the CM Contract, or prior Amendments for extended general conditions and to increase the GMP by 51,400;000.00 for a total GMP of 5107,904,125.00. 1 H. City and mutually desire to amend the Contract, as provided below. NOW, THEREFORE,. it is mutually agreed by and between the undersigned parties as follows: 1, GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred and Seven Million Nine Hundred Four Thousand Three Hundred Twenty - Five Dollars and 00/100'($107,904.125.00). &; textCtt, pa qty r, �s, ate tit,; 3zt t1 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Six on the dates written below, M Aaron C. Harp City Attorney ATTEST: L:eilani t, Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date:, _ ...��r Keith D,, Curry Mayor CONSULTANT: CW, DRIVER, INC., a California Corporation Dana Roberts President Date. _.. ,... ., _. Bessie Kouvara Chief Financial Officer (END OFSIGNATURES) C.W. DRIVER, INC. Page 3 AMENDMENT NO. FIVE TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK (CENTRAL LIBRARY CLERESTORY REPAIR) THIS AMENDMENT NO. FIVE TO CONSTRUCTION MANAGEL RISK C NTRACT ("Amendment No. FIVE"), is entered into as of this �YCt day of , (/( , 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the CMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owners Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM contract or prior amendments to add the fabrication and installation of project signing and the installation of dry utilities modifications to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00 F. City desires to enter into this Amendment No. Five for additional services not included in the CM Contract, or prior Amendments and to increase the GMP by $720,913.00 for a total GMP of $106,504,125.00. G. City and Consultant mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Scope of Work dated October 10, 2012, which is attached hereto as Exhibit A, and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred Six Million, Five Hundred Four Thousand, One Hundred Twenty - Five Dollars and no/100 (106,504,125.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. C.W. DRIVER, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: f7 By: av L—�'— — Aaron C. Harp City Attorney ATTEST: a,� Date: I_'J 5 By: Vm Leilani I. B City Clerk Attachments: r(I x A�11 -, CITY OF NEWPORT BEACH, A( M By Na Mayor CONSULTANT: C.W. DRIVER, INC., a California Corporation Date: // is' /L Dana Roberts, President Date: Alzlldl-e- �<� F�Vo —3, , e-� 5 � (�� By:. Bessie Kouvara Chief Financial Officer Exhibit A — Scope of Work Dated October 10, 2012 C.W. DRIVER, INC. Page 3 0 C.W.Driver BUILDERS SINCE 1919 October 10, 2012 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: FO -41 I.I: Existing Library Clerestory Revisions Change Order Request No. 256 Dear Steve: 15615 Alcon Parkway Suite 150 Irvine, CA 926 f 8 Fax 949.261.5167 Telephone 949.261.5100 Sent: Email I Hand Please review this Change Order Request in the amount of $720,913 to demo existing clerestory mullions, stucco at columns, replace clerestory, replace stucco columns and construct temporary barricade at clerestory windows. Attached for your review is supporting information. Sincerely, William Hahn Senior Project Manager File: 10012-22256 Los Angeles Irvine Y utha ' atio B� Tide: Date: Signature` above authorizes C. W. Driver to proceed Pursuant to the terms of this Change Order Request. OnalTIO San Diego License No.102 C.W. .Driver BUILDERS ViNCE 1919 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT CHANGE ORDER REQUEST #0256: F. O. 411 1411.1 -Library Existing Clerestory Replacement 10/10112 Item Description Contractor Labor Mati, Subcontracts Total 001 Demolidmn of existing windows and pilasters Miller Environmental 36,530 36,530 002 Addidonal cost to remove existing angle iron for installation of new 1-155 Miller Envinmannal 3,023 3,023 002 Addidonai costs to Insall tube steel window support out of sequence SME 22,988 22,988 003 Remove W 14x30 and r.piece with WI8x71 to mainalo consistent look SMEJSmuthwasC 8,000 8,000 003 Remove existing WT at head SMEtSoudtwact 15,000 15,000 004 Add / rewadc flashings and sheetmetal. CMF 15,161 15.161 005 Repairs to copper soffit CMF 10,000 10,000 006 Furnish and Install new clerestory windows Tower Gins 230.000 230,000 DD7 Furnish and install new aluminum panels Tower Glass 100,000 100,000 008 Temp support for existing column wraps Superior Wall Systems 890 890 009 Construct temporary partition behind clerestory 5uperlor Wall Systems 21.642 21.642 010 Reframe pincer pilasters I furnish and Install new lath and plaster 5uperior Wall Systems 35,225 35,225 all Remove temporary partition upon completion and resume, finishes Superior Wall Systems 25.000 25,000 012 Reinstall existing motorized roller shades Contract Decor 7,500 7,500 013 Finish paint Western Painting 15.000 15,000 014 Remove l restore fire protection as required Underwriters 5,000 5,000 015 Rewire motorized shades / lights, etc Rosendin Electric 5,000 5,000 016 Remmva I restore fire alarm & security, retest and recertify uopn compledon Rose+din / First Fire 5,000 5,000 016 Miscellaneous patch Various smo 5,000 017 Testing Smith Emery 15,000 15.000 018 CWD Direct expenses (see attached for breakdown) C. W. Driver 24,568 20,840 45.408 Subtotals Direct Cost 24,566 20,840 58D,959 626,367 Contingency Liability Ins. (0.71°/ of Cosl) Fee (3.25% 01 Cost+ Llab. Ins.) Prime Contr. Bond (0.65% of Cost+ Liab. Ins. + Fee) 62,637 4,892 22,393 4,624 7OTALAMOUNT OF CHANGE ORDER REQUEST 720,913 Qualifications & Exclusions 1. Pricing assumes that existing copper soffit does not need to be replaced. 2. Price includes replacement of all clerestory windows between lines E and N at the Norah elevalNon of the existing library only. 3. We include warranty for all new work associated with this proposal. We cannot warrant the watertight integdly, of the remainder of the existing library exterior envelope. Page 1 of 1 a W r CITY OF NEWPORT BEACH City Council State Report Agenda Item No. October 23, 2012 U �� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949-644-3311, sbadurnAnewportbeachca.gov PREPARED BY: Stephen G. Badum, Assistant City Manager APPR0EE3:... . TITLE: Central Library Clerestory Repair — Amendment #5 to the Newport Beach Civic Center Construction Contract Staff is requesting the approval and funding of an amendment to the construction contract with C.W. Driver to replace and repair the existing clerestory of the Central Library in conjunction with the current Library expansion project. 1} Approve Amendment #5 to the Construction Manager at risk Contract with C. W. Driver amending the Guaranteed Maximum Price to add the repair of the Central Library Clerestory to the Civic Center project at a cost not to exceed $720,913 and authorize the Mayor and the City Clerk to execute the amendment. 1} Approve Budget Amendment No. 13BA-018 appropriating $720,913 to the Newport Beach Civic Center project Account No. 7410-01002009 from Facilities Replacement Fund reserves. e - e Upon approval of the budget amendment, sufficient funds will be available in Account No. 7410-01002009 for the repair of the Central Library clerestory. Central Library Clerestory Repair—Amendment #5 to the Newport Beach Civic Center Construction Contract October 23, 2012 Page 2 DISCUSSION: Construction of the Newport Beach Civic Center includes a 17,000 square foot expansion of the Newport Beach Central Library to provide a vital link between the Civic Center and the Library. During the construction of the expansion, our Civic Center contractor, C.W. Driver, removed portions of the existing library structure to tie in the new construction. During this process, it was discovered that the clerestory wall on the north face of the Central Library was improperly constructed and waterproofed. As such, there is a concern about rainwater leakage where the new addition joins the existing library. With the clerestory wall partially disassembled, staff requested a proposal to replace the existing clerestory wall and windows, The Central Library has had a long history of water leakage issues along the clerestory wall. The City's Civic Center waterproofing consultant, Allana Buick & Bers (ABB), believes that the problems stem from a combination of design issues and construction workmanship associated with the construction of the library. The City's architect, Bohlin Cywinski Jackson (BCJ), ABB, and G.W. Driver have worked closely together to redesign the clerestory to eliminate these issues. The proposed design calls for a new window system and structure that closely matches the original appearance. Staff believes that this repair work is remedial work to the Library building and should be funded by the City's Facilities Master Plan, and not an expense of the Civic Center project. The cost to repair and replace the existing clerestory wail is $720,913. With the addition of this Library repair work, the total appropriation to date under the contract with C:W. Driver is $106,504,125. C!!@R Contract Scope Amount Original General Conditions/Basic Services $7,169,255 Original GMP #1 - Mass Grading and Shoring Wall $7,336,439 Amendment #1 GMP #2 - Parking Structure Design/Build $7,426,853 Amendment #2 GMP #3 - City Hall, Library Addition & Park $82,374,384 Amendment #3 GMP #4 - San Miguel Pedestrian Bride $1,000,000 Amendment #4 GMP #5 - Signage and deferred Electrical $476,281 Existing contract Total $105,783,212 Amendment #5 Existing Library Repair $720,913 New Total $106,504,125 ENVIRONMENTAL REVt Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQX) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it Central library Clerestory Repair—Amendment #5 to the Newport Beach Civic Center Construction Contract October 23, 2012 Page 3 has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: t , Stephen G. Bs um Assistant City Manager Attachment: A. Amendment #5 — Newport Beach Civic Center and Park B. Budget Amendment � a a s • 141411:10142 4=; Fog VR THIS AMENDMENT NO. FIVE TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. FIVE"), is entered into as of this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Heath Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered Into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase .the CMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. On April 24, 2012, City and CM entered into Amendment No. Four to the CM Contract ("Amendment No. Four") for additional services not included in the CM contract or prior amendments to add the fabrication and installation of project signing and the installation of dry utilities modifications to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00 F. City desires to enter into this Amendment No. Five for additional services not included in the CM Contract, or prior Amendments and to increase the GMP by $720,813.00 for a total GMP of $106,504,125.00. G. City and Consultant mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: •r4rolaylom City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Scope of Work dated October 10, 2012, which is attached hereto as Exhibit A, and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred Six Million, Five Hundred Four Thousand, One Hundred Twenty - Five Dollars and no/100 (106,504,125.00). Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. C.W. DRIVER, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five on the dates written below. APPROVED AS TO FO CIIY ATTO Y'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Nancy Gardner Mayor CONSULTANT: C.W. DRIVER, INC., a California Corporation Date: By: By: Leilani 1. Brown John Thornton City Clerk Executive Vice President Date: By: Bessie Kouvara Chief Financial Officer Attachments: Exhibit A -- Scope of Work Dated October 10, 2042 C.W. DRIVER, INC. Page 3 Driver BUILDFRS SINCE 1919 October 10, 2012 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: FO -411.1: Existing Library Clerestory Revisions Change Order Request No. 256 Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5100 Sent: Email / Hand Please review this Change Order Request in the amount of $720,913 to demo existing clerestory mullions, stucco at columns, replace clerestory, replace stucco columns and construct temporary barricade at clerestory windows. Attached for your review is supporting information. Sincerely, e' William Hahn Senior Project Manager F€1e:10012-22256 Los Angeles Irvine Authorization: By: Title: T� Date,. Signature above authorizes C W Driver to proceed pursuant to the terms of this Change Order Request. Ontario San Diego License No. 102 7 Driver BU 11. ie F„RS Si NCE 1919 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT CHANGE ORDER REQUEST #0256: F. 0.411 1411.1 -Library Existing Clerestory Replacement 10110112 Item Description Contractor labor MatL Subcontracts Total 001 Carrollton of existing windows and pilasters Miller Environmental 36,530 36,$30 002 Additional cost to remove a mdng angle iron for installation of new HSS Miller Envirommreal 3.023 31023 002 Additional costs to Insall tube steel window support out of sequence SME 22,988 21,980 003 Remove W 14x30 and replace with W I8x71 to maintain consistent look SMEISouthwest 8,000 8,000 003 Remove exuding WT at head SMIgsouthwest 15,000 15,000 004 Add I rework flashings and sheetmetai. CMF 15,161 15.161 005 Repair to copper so8it CMF 10,000 10100 006 Furnish and Install new deresmry windows Tower Glass 230,000 230.000 007 Furnish and Instill new aluminum panels Tower Glass 100,000 100.000 008 Temp support for existing column wraps Superior Wali Systems 840 890 009 Construct temporary cartoon behind clerestory Superior Wall systems 21,642 21,642 010 Refrains plaster pilasters I furnish and install new lath and plaster Superior Wag Systems 35,225 35,225 Ott Remove temporary partition upon completion and restore finishes Superior Wall Systems 25,000 25,000 012 Reinstall existing motorized roller shades Contract Decor 7.500 7,500 013 Finish paint Western Painting 15,000 15,000 014 Remove I restore fire protection as required Underwriters 51000 5.000 015 Rewire nwtorond shades I lights, etc Rosendin Electric 5,000 SA00 016 Remove I reactors fire alarm & security, retest and recertify uopn Rossindin I First Fire completion 5,000 SAW 016 Miscellaneous patch Various 5,000 5,000 017 Testing Smith Emery 15,000 I S,OD0 OI8 CWD Direct expenses (see attached for breakdown) C W. Driver 24,568 20,840 45,408 Subtotal; Direct Cost 24.668 20,840 680,989 626,367 Contingency 62,637 Usbifdy Ins. (0,71%of Coat) 4,892 Fee (3.25% of Cost+ Liab. Ins.) 22,393 Prime Contr. Bond 0.66% of Cost+ Usti. Ins. + Feel 4,624 TOTAL AMOUNT OF CHANGE ORDER REQUEST 720,913 QuatlBcations& Exclusions 1. Pricing assumes that existing copper soffit does not need to be replaced. 2. Price includes replacement of all clerestory windows between fines E and N at the North etevatrion of the existing library only, 3. We Include warranty for all now work associated with this proposai, We cannot warrant the watertight integrity of the remainder of the existing library exterior envelope. Page 1 of 1 Miller Environmental, Inc. Newport Beach Civic Center Park COR #4 - PCO #256 - Demo Work @ Ubrary windows 7/1312012 Miller Environmental, Inc. Newport Beach Civic Center Park 7/13/2012 10 August 23, 2012 C. W. Driver 1100 Avocado Drive Newport Beach, CA 92660 Attention: Mr. Robert Stewart e-mail: rstewart&wdriver.com Reference: Newport Beach Civic Center & Park SME Steel Contractors Project No. 0565 Subject: CW Driver Field Order #411,1, CWD RFI #1140.1, Hand Install HSS 10x6, Scat Angles & Stiffeners (No CWD COR Number) SME COR #233 We are hereby submitting our Change Order Request No. 233 for additional cost to had set FISS 10x6, change column angle connections and add support plates for stud framing as per CWD Field Orders 411.1 & 411, The total amount requested for this change to scope is $22,988.00. Documentation provided: 1. Attachment "A" ---Listing of all applicable costs by working category. 2. Attachment "C" --- Summary listing of field T&M daily tickets. 3. CWD Change Request Cover Sheet ---Pricing and description. Other specifics regarding this changes 1. We estimated crane setting ofHSSlOx6 members along the existing columns at 1 line after lower support angle was welded in place which would have taken (1) hour with a (6) man raising gang. 2. These members had to be jerry-rigged in place by hand and with chain falls. 3. The original setting angles had to be scrapped and replaced with L6x4xl/2. 4. New metal stud support plates were installed under the direction of CWD. 5. Prime painting and touch-up is by Western Painting. 5 B 0 1 WEST WELLS PARK ROAD PHONE 801,2B0.0711 WEST JORDAN, UT 840B WWW.SM ESTEEL.COM FAX 601.250.346di C. W. Driver Page 2 of 2 August 23, 20I2 b. Detailing of changes per F© #411.1 & 411 is excluded. 7. Our field superintendent, Paul Brietenbach, confirmed with the outside inspection agency that the work completed met requirements of Field Order 411.1 and 411 prior to leaving site. 8, If additional work is required relative to the aforementioned field orders, then this work will be addressed in a separate SME COR. Your approval is requested within (20) calendar days from the date of this letter. This quotation is based on the jobsite constraints and schedule requirements discussed to date. We have not anticipated disruptions, changes in sequence, delays and/or acceleration costs in this quotation. If you have any questions, please call. Sincerely, SME STEEL CONTRACTORS John Waiter Sr. Project Manager 5801 WEST WELLS PARK ROAD WEST JORDAN, UT 84081 PHONE 801.ZS0.0711 FAX 801.Z80.3451B SME STEEL CONTRACTORS "Attachment X' 13 -1- — I - -1 .1 _1_111,1" , , .-V-1,7 , , , , ,, I Customer. CT Driver Date: Project Newport Beach Civic Center Project*. 0566 Reference: CWDFO#41i.1 RFI fMI40.1. Revisions to Settina of HSSIOXG SME COR #, 233 Oesc titin t$ita unit' Rate j, Steel - plate I 612.00 Lbs X 0.651 $397.80 1 Steel - WF 0.00 Lbs x Steel - e u I Lot X 1234.80 Materials steel - Bent plate 0.00 the x 0.76 Total Material MLe!oht Added 613.00 Lbs Bondi I Ro 0 Lot Paintin 0 I -Ins Soft Recements Consurylables I 11.0t x 00 $1,633 lw� Tax Tax on Matetl 1633$ 1XI $143 Detailing (excluded) 0 Hrs $M00 Detailing (Overtime) 0 Hrs $0.00 Engineering/Coordlination 4 Hrs x $65.00 $220:00 Drawings Data Input/Production Control 0 Hrs x $55,06 $0.00 Draw ng Reproduction (11x17) 0 Ow s $0.00 rawin Reproduction (full) 0 s $220 Shop Labor Shop Labor (Load) 0 Hrs X 1 $55.001 $(Loo Shop Labor Shop Labor (Blast & Paino Hrs x $0 om*V~M,�\,m Freight *At%% Freight (per load) 0 Loads $0.00 I'll, 11 W.I�ft�, 0 Los x 0.13 0 $0 Field Labor, Composite S.T. 186.0 Hrs x $82.43 $11683.38 Field Labor, Composite O.T. 0,0 Hrs x 110.36 $0.00 Field Labor Field Labor, Composite D.T. 0.0 U_ 0.0 Hrs x I SUM $0.00-1 Safety/ Quality Control 0.0 Hrs X I $82A31 MI $13,683 Crane 1,0 Hrs x 460.00. ($460,00); Field Forklift (offload) 56,10 $100980 Equipment Generator x 2324 '$;t; Hilt! Drift OA Hrs x 12,50 $0,00 Supplies JLG 12.0 Hrs L 77.55$930,60 Mag Dfill O.O Hrs V 16.35 00 Scissodift 6.0 Hrs x 19,94 $159.52 Welder 64.0 Hrs X 22,00 $1 188.00 Torch 32.0 Hrs x t1.06 $352,00 Field Truck T2 0 Hrs x 6.20 $446,40 Chain Fan 44,6 Lot x $5.60 $246.40 Service & Fuel 1.0 Lot x 529.77 $529.77 Miscellaneous su plies Lot $1.660= $ 4,201 *V,1011 AIMIN 100"Iff, 4 Sub -Total (SME Work) $19,880 = '!IL loww Uir Sub�cordtractss Pant(touchup) (exclude =1ILot x f; 00 X00 $0.0,0 1 Lot1XI $0�001 $0.00 Sub -Total otai ziumoncracted work) $0 Overhead/Profit $19880.13 X 15% $2982,02 Overhead on Subs $42.00 x 5% S .. . . 70,.� I,,, -m. . ..ff� Sub -Total SME Contract Bond Costs $22862 Lot =-ODW 25.74 GRAND TOTAL $22,988 Clarifications, Exclusions & Time Extensions: By: j, waiter See attached letter. 13 L to to 9 to M 0 0 w P .�Q P L @) LO c CL O r (�D qy X to co O a) U) N ow {$ O O l3 A C 13 N U! tri 920 C N O L6 ts co M� IPS C M w o L! 5 P w O O•� 0 •0 0 0.0 `21 O 0 fl 'o Q 0 ^l 'fl ') 'S O 'II e> > 7 6Y tII �s a, o•�v a(D C.o� o ami o— ag'102 CL 0 i� CL c C coi L6 14 Lo Mm 21 ge�1� u EKYLA Ell U. mo tl eWM = krq lir P .�Q P L @) LO c CL O r (�D qy X to co O a) U) N ow {$ O O l3 A C 13 N U! tri 920 C N O L6 ts co M� IPS C M w o L! 5 P w O O•� 0 •0 0 0.0 `21 O 0 fl 'o Q 0 ^l 'fl ') 'S O 'II e> > 7 6Y tII �s a, o•�v a(D C.o� o ami o— ag'102 CL 0 i� CL c C coi L6 14 e W e P T e BUILDERS SINCE 1419 }} 1 L- Y t� yCp 1�V�1 8jr Henry R F1ttItYt�� at Request r Information 15916 Anon Par@way, Sude 180 Irvirm, CA 92615 Tel: 949.291.5190 Fax: 949.61.6157 690: 1100 Avocado Drive Newpotd. 6e9CN CA 92660 Fax 949.844.6392 Toi9phM 849.54d.05r8 It IIII srlllllllllllllllill- • r Mr. Josh Keller Bohtin, Cywinski, Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Fax No: 415.989.2101 Subject: Library - Clerestory Tube Steel and Beam Dimension Request Question Reference attachment, F0411, F0411.1 and RFI -1140 RPI #: 1140.1 July 27, 2012 RFl Initiated By. C.W. Driver RFI Importance: Critical Persuant to sheet ASK -584 of field order 411.1, a dimension from cantedine of existing beam to outside face of 8x10 tube steel is not indicated. Please provide a dimension from center of beam to outside face of 8x10 tube steel. Please Respond By: 08/03112 Transmitted By: Kellar Harrell Project Engineer Resnse See attached sketches from ARUP Structural. Dimensions should be verified with Curtain Wall subcontractor to ensure they have adequate space for thler system and related waterproci ing. .r. Name: Josh Keller Company: SohNn, Cywinskd, Jackson Date: 7131/2012 ' You are to proceed with the instructions contained herein. If these instructions involve cost or schedule impacts, please notify C.W. Driver within (7) days of receipt and await direction before proceeding. s.: Bruce Clemens, Anderson -Penna Date Sent: 7131/12 Dennis Jean, Architectural Glass and Aluminum Date Sent: 7131/12 Bill Rodgers, Interwest Consulting Group Date Sent 7/31/12 Roger Peterson, Interwest Consulting Group Date Sent: 7/31/12 Henry Hamilton, Southwest Steel Date Sent: 7/31/12 1117 Bohiin Cywinski Jackson 49 Geary Street, Suite 300 San Franoism, CA 94108 415.989.2100 Voice 415.989.2101 Fax RM Response Date in: 67127/12 Date Due: 08108/12 RFI No: 1140.1 Date Retumed: 07131/12 Project Name: Newport Beach Cfvic Canterand Park BG) Project No: 08518 Submitted to: CW Driver Atte: Rick Shaffer 15615 Alton Patkway, Suite 150, Irvine. CA 92618 RFf responses are hereby defined as darifeatans or interpretations of the Contrast Documents that do not impact the project cost or project time. Proceeding with the Worts in accordance with the information contained in a RFf response cortMutas agreement by ore Construction Manager and a f partes affected by the response given that no change In the Contract Sum or Contradttme is required by the RR response. It the Construction Manager or any other entity contends that a change in the Contract Sum or Contract Time Is warranted by this RFI response it shat notify it* Ardltect Immediately, and before performing any Work required by the FIR response. Subject Ubtmay - ClereelIM Tube Steel and Beam Dimension Request Dlscipfine(s) Affected: 0 Architectural L7 Electrical 0 Landscape Q Plumbing p Susta nability DAV ❑ Fire r, Lighting p Security Molecomm ❑Civil 0Food Service [!Mechanical OSWrtund pWaterproofing Related Documents: Response: Please see attached for the RF1 response. Issued By. Josh Keller, BCJ 16 IMA w 3t { s is— 1 -'Ir 9 4 i T t M i i 3 f 19 &cA ARUP Job ft��� „„ Sheol too. Rev. 2lO II Fhember--Low_Iron tr,� vYl D aj2 .- D19 -M. y moo Ey 014,4 Oek Fhb �-�6 , S• v -Om w46 Of- 74 G', LAX x'IZ x Zt�" r.g 63 L �OXII r,E FACE 6F (A, •yyMWW.M+fvurownHe'w4MaIDw�Lwi2*�..t@I.rnOnM....�..+vwvMrt Rtlt•, f'i�.nP'.Y SRN Mh1hm�Tas.•a�wvcn4M'mq✓yy.^W:wneS..CutrsM.+.'Ssmf.".e4'iY I H� larsrsHO Aavaan 4 tl39 itlOdM3hE o 21 SUBCONTRACTOR CHANGE REQUEST COVER SHEET PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBCONTRACTOR: Superior Wail Systems DATE: 5114/2012 CWD COR / PCO NO. PCO # 21222 SUBC. COR NO. EWA # 12110 SOURCE OF CHANGE: PCO # 21222 (Bulletin, Feld Order, RFI, etc.) DESCRIPTION OF CHANGE Provide temporary support for the existing column wraps at the library expanslon COST OF CHANGE: NO COST / ADD / DEDUCT $ 890.00 (circle one) Subcontractor shall attach full labor, material and cost breakdown and associated backup documentation for the above cost as required to fully explain the all components of the cost in accordance with Exhibit B, Item 17. allowable markups are as defined in Exhibit B, Item 18. Upon acceptance of the above cost, Subcontractor shall execute a Subcontract Change Order which shall constitute acceptance by Subcontractor that (a) The above price adjustment includes all costs associated with the change(s) including but not limited to direct andlor indirect costs, damages and all overhead and profit for any and all Impacts and/or delays arising out of or relating to the changed work on the project, including any schedule extension, compression or revised sequencing; (b) no further adjustment to this provided herein shall be made; and (c) all the terms and conditions of the Subcontract, except as modified by this and any previous Change Orders, shall remain in full force and effect and apply to the work as so changed. Submitted by: Chris McGhie Title: Senior Project Manager Office Phone: 714.278.0000 Cell Phone: 714.519.8629 Email: cmcohIp@suoedorwallsystems.com 22 SUBCONTRACTOR CHANGE REQUEST COVER SHEET PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBCONTRACTOR: Superior Wail Systems DATE: 6/1112012 CWD COR / PCO NO. N/A SUBC. COR NO. RFC # 043 SOURCE OF CHANGE: As Requested (Bulletin, Field Order, RFI, etc,) DESCRIPTION OF CHANGE Total cost to add a temporary wall and ceiling on top of the existing temporary wall COST OF CHANGE: NO COST / ADD / DEDUCT $ 21,642,00 (circle one) Subcontractor shall attach full tabor, material and cost breakdown and associated backup documentation for the above cost as required to fully explain the all components of the cost In accordance with Exhibit B, Item 17. allowable markups are as defined in Exhibit B, Item 18. Upon acceptance of the above cost, Subcontractor shall execute a Subcontract Change Order which shall constitute acceptance by Subcontractor that (a) The above price adjustment includes all costs associated with the change(s) including but not limited to direct and/or indirect costs, damages and all overhead and profit for any and all impacts and/or delays arising out of or relating to the changed work on the project, including any schedule extension, compression or revised sequencing; (b) no further adjustment to this provided herein shall be made; and (c) all the terms and conditions of the Subcontract, except as modified by this and any previous Change Orders, shall remain in full force and effect and apply to the work as so changed. Submitted by: Chris McGhle Title: Senior Project Manager Office Phone: 714.278.0000 Cell Phone: 714.519.8629 Email: cmcghie r0suoeriorwallsystems.com 23 Jn n1� — ^ .} i C.0 June 11, 2012 supenorwALL sysTFms Nc. 1232 East Orangethorpe Ave, - Fullerton, CA 92831 - (714) 278-0000 - Fax (714) 278-0090 Mr. David Edwards CW Driver Contractors 468 N. Rosemead Blvd, Pasadena, CA 91107 RE: Newport Civic Center Superior Job No. 558 RFC # 043 Gentlemen: Please find below costs associated with this request for Change Order for the above referenced project. Cost associated with Temp Wall., Via: Email RFC # 043 Total cost to add a wall and calling on top of the existing $ 18,541.30 temporary wall at the Library. 15% O & P $ 2,781.20 1.5% Bond $ 319.84 TOTAL Request for Change Order $ 21,642.00 Qualifications 1 Pricing does not include overtime. 2 The price indicated is for this change only and does not include any compensation for costs which may be incurred as a result of delays or accelerations. 3 Cost excludes, taping and insulation 4 Cost includes Drywall on the interior and densgiass on the exterior 5 The price indicated is valid for thirty (34) days. Should you have any questions or require additional information, please call. Sincerely, Superior Wall Systems, Inc, Chris McGhie Senior Project Manager Attachments: 24 SuperiorWall Systems Bid Summary Temp wall Bid No. 1 Selected Sections: 09250 Drywall Selected Typical Areas: Selected Areas: (unassigned), L01 Lower level, South Saddle, North Saddle, Library, 2nd Library, 1 at Library, 2nd Fir DE, 2nd Fir F, 1st Fir F, 1st Fir DE, Basement, 1st Fir AB, 2nd Floor AB, 2nd Floor BC, 2nd Floor CD, 1st Fir BC, 1st Fir CD, L02 Upper level, FAST Library, Center Library, WEST Library, 1st Floor, L03 Roof, CC00 Lower level, CC Exterior, CC01 1st level, Bay A. Bay B, BAy C, BAy D, Bay E, Bay F, CCO2 2nd level, CC03 Roof, Council 01 let floor, Council 02 Roof Estimator. _ Job Status: Job Class: Bid Date/Time: 11/17/2016 12:00:40 PM Wage Type: Union Plans Date: 11!17/2610 Job Site: 92663 _ Unit Pricing No. Condition, ....,_..._.._.. Weigh( _ Gtuanbty_.. 6itat_ tab-- -Toa(,._ Total Price _ 1 Add Temp wail vertical above existing tamp wall 12'0" 156.83 LF 3.14 3.61 6.741 SF 12,693,09 2 Add Temp wall horizontal Lid above existing temp TO" 157.25 LF 4.28 8.11 12.40 / SF 5,848.21 wait Material & Labor Total: 18,541,30 Grand Total: $16,541.30 25 66/11/2012 6:58 am Page 1 fp' b f iq N r � b d1 NI C9 f0 tV N Of lw a$ h rp A f0 N tip O c; r v N m I o m m r w N � m ?r m' T m m p vhi o c zlo o $ $ $ $ $ q O O O o C Cc N03 �R P NC n r j A T N N ,k 0 �� F op Q O O O $ G 16 C O o c ;n 1� n llt } O m� Y � Gjjj NI S S m S W ��yy m,' N N N N � N uas v�J to 0 � Or 0 Ol O N{ m m CQ O y) C O U a w a� c � CD SuperiorWali Systems Section Markup Temp Dalt Bid No. 1 Selected Sections: 09250 Drywall Selected Typical Areas: Selected Areas: (unassigned), L01 Lower level, South Saddle, North Saddle, Library, 2nd Library, 1st Library, 2nd Fir DE, 2nd Fir F, ist Fir F, 1st Fir DE, Basement, 1st Fir AB, 2nd FloorAB, 2nd Floor BC, 2nd Floor CD, 1st Fir BC, 1st Fir CD, L02 Upper level, EAST Library, Center Library, WEST Library, 1st Floor, L03 Roof, CC00 Lower level, CC Exterior, CC01 1st level, Bay A, Bay B, BAy C, BAy D, Say E, Bay F, CCO2 2nd level, CC03 Roof, Council 01 1st floor, Council 02 Roof Estimator, Job Status: Job Class: Bid Date/Time: 11/17/2010 12:00:00 PM Wage Type: Union Plans Date: 1117/2010 Job Site: 92663 Bid Material Mat. Cost Code Quantity Unit Cost Total Cost 112" CDX FIR PLYWOOD, 1' x P, (PLYI2CDFR-1) .895 - WOOD 320.00 SF 1.00 320.00 MATERIALS Stud 3-518 18ga Cee, 9, (S3581 8C) 901 (METAL 389.19 LF 1,21 472,09 FRAMING) Stud 3.5/8 1age Cee, 12', (S35818C) 901 (METAL 1,552.65 LF 1.21 1,883.36 FRAMING) Layout /LF„(LO) 901 (METAL 314,08 LF 0.08 25.13 FRAMING) Cont Angle for Framing, 4' 14 Ga, (AGL HW GA) 901 (METAL 36120 LF 1.27 460.16 FRAMING) Track 3-518 18ga, 10', (T35818) 901 FRAMING 690.98 LF 1.07 735.90 MATERIAL 518" GP Densglas Gold Sheathing, 4' x 8', (DENSGOLD58) 902 (GYPSUM 2,589,12 SF 0.60 1,540.53 BOARD/ SHEATHING) 518" FIS Wallboard, 4' x 12', (X58) 902 DRYWALL 1,976.10 SF 0.25 494.02 518" F/S Wallboard, 4' x 9', (X58) 902 DRYWALL 495.34 SF 0.25 123.83 7116" #10,Teks„ (PHTEXT) 903 FASTENERS 0.13 Boxes 75.00 9,54 Pan Heads Tek Points„ (PHT) FASTNER 1,130.70 EA 0.03 28.27 314 Concrete Pin/Load„ (SPC) FASTNER 329.79 EA 0.30 96,94 Tek Screws 1-114„ (DTS114) FASTNER 0.35 Boxes 75.00 26.48 Screw 1-114 Reg„ (DS114) FASTNER 5,649.00 EA 0.03 141.22 Net Bid Material Total: 6,359.48 Lab. Cost Code Wage Type_ �.. Quantity Prod/Hour Unit Cost Total Cost Hang ext sheathing (220 (HANG BOARD EXT)) Union 2,353.75 SF 80.00 0.70 1,643.51 HANG PLYWOOD (221 -HANG PLYWOOD) Union 320.00 SF 32.00 1.75 558.60 Layout (400 (LAYOUT)) Union 314.08 LF 37.50 1.64 $16.27 Interior frame walls (411 FRAME INT WALLS) Union 314.08 LF 3.75 14.90 4,678.59 Hang Int gyp walls (421 HANG GYP WALLS) Union 2,363.75 SF 80.00 0.70 1,643.51 Net Labor Total: 9,040,47 27 06/1112012 6:56 am Page 1 Section ar% exp Temp Wall Bid No. 1 ___... ..__.._„,.Material _Labor .. ESui�menC.r .. rather Totat Net Totals 6,359.48 9,040A7 0.00 0.00 15,399.95 Stock 994.73 0.00 - - 994..73 Cleanup 0.00 719.36 - - 719.36 Supervision - 857.30 - - 857.30 Escalation 0,00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00 Tax/Burden 7.75% 569.95 0.00% 0.00 0.00% 0.00 0.00% 0.00 569.95 PerDiem - 0.00 - 0.00 Sub Total 7,924..17 10,617.13 0.00 0.00 18,541.30 Overhead 0.00% 0,00 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00 Proirt 0.00% 0.00 0.000% 0.00 0.00% 0.00 0.00% 0.00 0.00 Bid total 7,924.17 10,617.13 0.00 0.00 18,541.30 Grand Total: $18,541.30 28 06/11!2012 6:56 am Page 2 I 29 R IL • -------------- Lo _R�1 • n W�)Rn+SR. V r CL �a �? F N sy �' 3� 0) N N m N R'r C LL N > I 29 t3� IL • or, Lo CO • n W�)Rn+SR. V r CL �a �? N sy �' [1. E 0) N N m N C � N > II X N .0 N C� _1 c U N 0 CL CL Ei E (D a) I 29 t3� or, + 6 A' v �y VA - II I 29 SUBCONTRACTOR CHANGE REQUEST COVER SHEET PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBCONTRACTOR: Superior Wall Systems DATE: 7/19/2012 CWD COR / PGO NO. N/A SUBC. COR NO. RFC # 039 R1 SOURCE OF CHANGE: Requested by Kellar (Bulletin, Field Order, RFI, etc.) DESCRIPTION OF CHANGE Plaster existing columns from the new library roof to the existing Library roof to include reframing the columns. COST OF CHANGE: NO COST / ADD / DEDUCT $ 35,225.00 (circle one) Subcontractor shall attach full labor, material and cost breakdown and associated backup documentation for the above cost as required to fully explain the all components of the cost in accordance with Exhibit B, Item 17. allowable markups are as defined in Exhibit B, Item 18. Upon acceptance of the above cost, Subcontractor shall execute a Subcontract Change Order which shall constitute acceptance by Subcontractor that (a) The above price adjustment Includes all costs associated with the change(s) Including but not limited to direct and/or indirect costs, damages and all overhead and profit for any and all impacts and/or delays arising out of or relating to the changed work on the project, including any schedule extension, compression or revised sequencing; (b) no further adjustment to this provided herein shall be made; and (c) all the terms and conditions of the Subcontract, except as modified by this and any previous Change Orders, shall remain in full farce and effect and apply to the work as so changed. Submitted by: Chris McGhie Title: Senior Project Manager Office Phone: 714.278.0000 Cell Phone: 714.519.8629 Email:omcohieidsuperiorwalisystems.com Kill July 19, 2012 SupedorWALL SYSTEMS INC. 1232 East Orangethorpe Ave. - Fullerton, CA 92831 - (714) 278.0000 - Fax (714) 278-0090 Mr. David Edwards CW Driver Contractors 468 N. Rosemead Blvd. Pasadena, CA 91107 RE: Newport Civic Center Superior Job No. 558 RFC # 039 R1 Gentlemen: Please find below costs associated with this request for Change Order for the above referenced project. Cost associated with existing Library piaster columns: Via: Email RFC # 039 R1 Total cost to replaster the existing columns from the new library $ 30,177.81 roof to the existing library roof to include framing. 15% O & P $ 4,526.67 1.5% Bond $ 520.57 TOTAL Request for Change Order $ 35,225.00 Quali6caffons 1 Pricing does not include overtime. 2 The price indicated is for this change only and does not include any compensation for Costs which may be incurred as a result of delays or accelerations. 3 The price indicated is valid far thirty (30) days. Should you have any questions or require additional information, please call. Sincerely, Superior Wap Systems, Inc. 70, fir Chris McGhie Senior Project Manager Attachments: 31 SuperlorWatl Systems Bid Summary Plaster at Existing Library Bid No.1 Selected Sections: 09250 Drywall Selected Typical Areas: Selected Areas: (unassigned), L01 Lower level, South Saddle, North Saddle, Library, 2nd Library, 1st Library, 2nd Fir DE, 2nd Fir F, 1st Fir F, tat Fir DE, Basement, tat FirAB, 2nd FloorAB, 2nd Floor BC, 2nd Floor CO, tat Fir BC, 1st Fir CD, L02 Upper level, EAST Library, Center Library, WEST Library, 1st Floor, L03 Roof, CCOO Lower level, CC Exterior, CCO1 let level, Bay A, Bay B, BAy C, BAy D, Bay E, Bay F, CCO2 2nd level, CC03 Roof, Council 01 1st floor, Council 02 Roof Estimator. Jab Status: Job Class: Bid Daterrime: 11/1712010 12:00:00 PPA Wage Type: Union Plans Date: 11/17/2010 Joh Site: 92663 Unit Pricing No. _.Condition ...a_ .. _. . ght . ,._Quantity, _, _ That fab.. 1—ow Total Price 1 Existing piaster columns 14'0" 10.00 EA 1,369.78 1,648.01 3,017.78/EA 30,177.81 Material & Labor Total: 30,177.81 Grand Total: $30,177.81 07/19/2012 12:41 pm Page32 g`m 11. •O N � N � r Q O �U r _ 0 m _ m a'm O � O LL. p O W U •� O LL M p � O Ld N p N L r L c o a 2� � Cr Oai=N? yZ �a2�mm �! k a oi- 0 W 'm YS a /q w a LON mN a+^s w :'i � �•U o U mm -2n ti y W A ro am am � N N U o © m � U m y u. O « 0 c ti C bi tV 4 m m"- �' v ccv cq A tvp ymy r yvy d ro ..royy sy N O O O O4 O O O 4 O O O O O 4 O o c o 0 0 0 0 0 OO O O O O O O 0 0 0 o c o 0 0 2 9 w 9 1 m m o �O O S ti S �o 33 N N a N N LLw] f0 t� b to Qmc O a O •w c C o O .,.J c W o s e m c W mLL mCL CD M �O O S ti S �o 33 N N a SuperiorWall Systems Section Markup Piaster at Existing Library Bid No. 1 Selected Sections: 09250 Drywall Selected Typical Areas: Selected Areas: (unassigned), L01 Lower level, South Saddle, North Saddle, Library, 2nd Library, 1st Library, 2nd Fir DE, 2nd Fir F, list Fir F, 1st Fir DE, Basement, 1st FIrAB, 2nd FloorAB, 2nd Floor BC, 2nd Floor CD, 1st Fir BC, 1st FlrCD, L02 Upper level, EAST Library, Center Library, WEST Library, 1st Floor, L03 Roof, CC00 Lower level, CC Exterior, CC01 1st level, Bay A, Bay B, BAy C, BAy D, Bay E, Bay F, CCO2 2nd level, CC03 Roof, Council 01 1st floor, Council 02 Roof ��. Estimator. ��- _ Job Status: -- Job Class: Bid Datetrime: 11/17/2010 12:00:00 PM Wage Type: (inion Plans Date: 11/17/2010 Job Site: 92663 Bid Material Mat. Cost Code Quantity Unit Cost Total Cost Scaffolding Priced By SF, 1' x P, (SCAF BY SF) 800 5,880.00 SF 1.25 7,350.00 (SCAFFOLDING) Track 6 16ga DL, 10, (T616OL) 901 (METAL 200.00 LF 1.81 362.60 FRAMING) Clips for Exterior Wail Framing, 2'x 2" x W x 16ga. Clips, (CLIPS) 901 (METAL 80.00 Each 7.83 626.40 FRAMING) 6005162-64, 14', (S616C) 901 FRAMING 924.00 LF 1.98 1,627.67 MATERIAL Layout/ LF„ (LO) 901 80.00 LF 0.08 6.40 518" GP Densglas Gold Sheathing, 4' x 8', (DENSGOLD58) 902 (GYPSUM 560.00 SF 0.60 333.20 BOARD/ SHEATHING) 7116" #10,Teks„ (PHTEXT) 903 FASTENERS 0.03 Boxes 60.00 1.94 Welding„ (WELD) 903 320.00 EA 0.03 9.60 Double pry D paper super Jumbo tek, 9' x 150', (D PAPER) 919 (LATH AND 500.00 SF 0.15 81.20 TRIM MAT) Gaivanlaed Metal Loth, 3.4 V Paper, (LATH) 919 (LATHAND 63.00 SY 3.77 237.51 TRIM MAT) Comer aid, 10, (AID) 919 (LATHAND 280.00 LF 0.40 111.16 TRIM MAT) Finish Stucco - Float Finish, 3' x 3', (FINISHFLOAT) 920 (CEMENT 7.78 SY 9.72 75.60 PLASTER MAT) Gibco Cement Additive, 250' x 9', (GIBCO) 920 (CEMENT 70.00 SY 0.6D 42.00 PLASTER MAT) Portland Cement„ (PORTLAND) 920 CEMENT 12.60 Baas 7.50 94.50 PLASTER River Sand per Ton„ (SANDTON) 92l 20CEER NT 2.80 Ton 35.00 98.00 Tek Screws 1-114„ (DTS114) FASTNER 0.17 Boxes 75.00 12.60 Lath Head Tek Screw„ (LHTLATH) FASTNER 1,624,00 EA 0.03 40.60 Lath Head Tek Screw„ (LHT) FASTNER 560.00 EA 0.03 14.00 314 Concrete Pin/Load„ (SPC) FASTNER 84.00 EA 0.30 25.20 Fibers„ (FIBERS) STUCCO 70.00 SY 0.50 35.00 Casing Bead Gatv, 112 exp, (MILCOR) TRIM PLASTER 560.00 LF 0.31 170.80 Grace Ice & Water, 3' x 160', (ICE&WATER) WATERPROOF 560.00 SF 0.79 442.40 Net Bid Material Total: 11,998.39 Lab. Cost Code , _ Wage T p� Quantity Prod/Hour Unit Cost M Total Cost Exterior stickers and dips (201 (EXTERIOR Union 80.00 EA 10,00 5.59 446.88 STICKERS AND CLIPS)) Weld Studs (208) Union 320.00 EA 30.00 1.86 595.84 Frame ext wall cell (211 EXTERIOR CEILINGS) Union 80.00 LF 1,00 55.86 4,468.80 07/19/2012 12:41 pm Page $4 Section Markup Plaster at Existing Library Bid No, 1 Lab,. Cost Cade _ _._.. ____... Wage Type Quant Prod/Hour � Unit Cost Total Cost Hang ext sheathing (220 (HANG BOARD EXT)) Union 560.00 SF 60.00 0.93 521.36 Lathing (241 (PAPER & LATHING)) Union 560.00 SF 100.00 0.56 312.82 Lathing (241 (PAPER & LATHING)) Union 63.00 SY 5.00 11.17 703.84 Waterproofing (242) Union 560.00 SF 25.00 2.23 1,251,26 Plaster Trims (244 (PLASTER TRIMS)) Union 280.00 LF 18.75 2.98 834.18 Metal Trim installation (250) Union 560.00 LF 18.75 2.98 11668.35 Scratch (300 SCRATCH) Union 70.00 BY 10.00 5.40 378.00 Brown (301 (BROWN)) Union 70.00 BY 5.00 10,80 756.00 16110 Med. Sand Stuoco Finish (303 (16120 MED Union 70.00 SY 2.50 21.60 1,512.00 SAND STUCCO FINISH)) Lay -out (400) Union 80.00 LF 8.00 6.98 558.60 Net Labor Total 14,007.92 Materia{ Labor-,-,.._..w.Equipment Other __. Total Net Totals 11,998.39 14,007.92 0.00 0.00 28,006.31 Stock 714.15 0.00 - - 714.15 Cleanup 0.00 1,127.93 - - 1,127.93 Supervision - 1,344.21 - - 1,34421 Escalation 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00°% 0.00 0.00 TaxlBurden 7.75% 985.22 0.00% 0.00 0.00% 0.00 0.00% 0.00 98522 PerDiem - 0.00 - - 0.00 Sub Total 13,69T76 16,480.05 0.00 0.00 30,177.81 Overhead 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00 Profit 0.00°% 0.00 0.00% 0.00 0.00% 0100 0.00°% 0.00 0.00 Bid total 13,697.76 16,480.06 0.00 0.00 30,177.81 Grand Total: $3%177.81 07119/2012 12:41 pm Page 25 2 a P� \ \ 9 m C. W. Driver Deal: 09/27112 1100 Avocado _ CMF Project Na: 5704 Newport Beech,CA9206D Contract No.: I Extension Nawpwt 9eaah Cmc Cenfir », W Clot Reference For: Libra_ Evan Tel'tor CLis'Ea1'(1 Bi'1bPiCa re�5 Other Rat: Cier Fisting Sife Ptlone: ... 949.8413-05t8 119 30 FO #411 Site Fax: 949$646392 _ CHANGE ORDER REQUEST NO.: �. 029 room, in accoraance wnn corow"requirearenza, or m necessary w nave wntran noaoe ppor to sramn fabrleaflorr oremwj, on. f Mfscellaneaus Description CAT Qtv. Unit Material Description Unit Cost CIC I Extension SI Fps 1778 i.$S 22-ga0e 28 $fainless Sten! at Vert. Zae'e 8 CouMorOasFua $ 200 }314 $ 3,5S6.00 6/B Fl s Ssaants 119 30 L.SS FA 22-9e0a, 2B 6fainldas�`btael at Pilaster eottema $ 2.00 }314 $ 238.00 Dav Coercv>$ 79S Si31ca1e Sealmlthr SMtinO Flasiiin #8 and #10 Tali 9 Shat# Mahal Screws � $ 8.08 1442 u$'� 0.03 i 1448 S $ '. 289.70 30.00 Fasteners 800 EA Miac 2 LSS SaWar $ 10.00 7468 $�Z0,00 2_ _. Hour De1rva Chara ...,�,Ty S 76 00 2014 S _._....,....�._._..__Lot _...'Fuel Surchav ..�.._.__E $ 60.00 2017 S - l.at LossofProductivlt� $ Sutstcgaf Mafedal Cost ' Sates'Tex "�?� 7.78% Subtotal: _6 . ...... Mack UP: 15.00a5 S a,t S _ .18.70 316.6t $ ......___ S 4,432.81 864.88 oe Ioo, +.4 s o,vvras CAT I Qty. Unit f Mfscellaneaus Description I Unit Cost I CIC Extension Hour SmaUToola & Conwm, 6 235 4466 $ . Hour .��. _._gables .„ ComPanY Trudf•.. J$ 500 2f11b d ---� �e Da Travel Ex ermes jSubsiskenae f Zone Pay} _..,�. 2216 $ ...Hour PalxicatronE m meMJMadrne _ 4 Machinery $ 3440 ..,-.— 1923 $ 275.20 2_ _. Hour De1rva Chara ...,�,Ty S 76 00 2014 $ 160.00 _._....,....�._._..__Lot _...'Fuel Surchav ..�.._.__E $ 60.00 2017 S - l.at LossofProductivlt� $ 3070 $ - S trksa. Subtotal Cosh $ 42520 NU: t5.00%f $ --6378 CMR IInc, Nick Pemberton - Project Manager ACCEPTED Signature and Tota samc. Tatar: $ 488.88 6ontl: 1.9936 $ 298.83 TOTAL COR (Rounded) S 15,161 SCHEDULE IMPACT;. 37 DETAIL SHEET PROJECT ; ?4 e- LE PROJ50T NO : � _ DATE ORDERED: DATE REQUIRED: CHANGE ORDER NO: (I QTY: V rm 0 �J ORDERED BY: 38 BUDGET AMENDMENT 2012-13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 13BA-018 AMOUNT: $72o,s13.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for the Central Library clerestory repair. Funds will be transferred out of the Facilities Replacement Fund and into the Civic Center Fund. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 405 3605 Facilities Replacement Fund - Fund Balance $720,913.00 * REVENUE ESTIMATES (3601) Fund/Division Account 9410 6000 EXPENDITURE APPROPRIATIONS (3603) Description Civic Center Fund - Transfer In Division Number Account Number Signed Signed: Director City Manager $720,913.00 Automatic $720,913.00 $720,913.00 ID-11—i'�, Date to i Date Signed: City Council Approval: City Clerk Date Description Division Number 9405 Facilities Replacement Fund Account Number 9900 Transfer Out Division Number 7410 Civic Center Fund Account Number C1002009 Civic Center Construction Division Number Account Number Division Number Account Number Division Number Account Number Signed Signed: Director City Manager $720,913.00 Automatic $720,913.00 $720,913.00 ID-11—i'�, Date to i Date Signed: City Council Approval: City Clerk Date r` AMENDMENT NO, FOUR TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE (CIVIC CENTER BUILDING, CENTRAL LIBRARY EXPANSION, PARK & SAN MIGUEL PEDESTRIAN BRIDGE) THIS AMENDMENT NO. FOUR TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Four"), is entered into as of this d!{ day of A -pr -i � 2012, by and between the CITY OF NEWPORT BEACH, a California Munibipal Corporation ("City"), and, C.W. DRIVER, INC., a California Corporation whose address is 15695 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into. a� Construction Manager at Risk Contract ("CM Contract') for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City- and CM entered into Amendment No. One to. the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Sixi Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM contract or Amendment No. One, to add the construction of the City Half Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the CMP by $82,374,384.00 for a total GMP of $104,306,931.00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. City desires to enter into this Amendment No. Four for additional services not included in the CM Contract, or prior Amendments and to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. City and Consultant mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Change Order dated October 31, 2011, attached hereto as Exhibit A and the Change Order dated March 29, 2012, attached hereto as Exhibit B, and all incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred Five Million, Seven Hundred Eighty -Three Thousand, Two Hundred Twelve Dollars and no/100 (105,783,212.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. FOUR on the dates written below. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: All By: \ / A r Aaron. Harp City Attorney In ATTEST: Date: By: —&& Leilani I. Brown City Clerk _„., CPORS� CITY OF NEWPORT BEACH, A California municial corporation - Date: / — S—' 9�-- By: l r —' Nancy Gardner Mayor CONSULTANT: C.W. DRIVER, INC., a California Corporation Date:__z— `�y:. 40. D b s President Date: By: Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Change Order Dated October 31, 2011 Exhibit B — Change Order Dated March 29, 2012 C.W. DRIVER, INC. Page 3 .,n,. t ' c .EXHI sa`.e •° ••4.. Com Driver BUILDERS SINCE 1919 October 31, 2011 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: 5CE/AT&T(COX Underground at Library Change Order Request No. 040 Dear Steve: 15615 Alton Parkway Suite ISO lrvina, GA 92618 Fax 949.261.5167 Telephone 949.261.5 100 Senr, Email / Hand Please.review this Change Order Request in the amount of $138,854 to provide modifications to underground dry utility feeds to the project as required by Cox / ATC / SCE and directed through Field Order No. 112. Upon review and approval we request a Change Order be issued by November J4, 2011 so we may proceed. In the event we do not receive a Change Order by this date, further cost and schedule impacts may result. Attached for your review is supporting information. Sincerely, N. - William Hahn Senior Project Manager File.,10012-22040 Authertzatran: 8y: Title: Date: Signature above authorizes G W. Driver to proceed pursuant to the terms of this Change Order Request r - v.. N 1 : . l 'G 2,32 .. E Y `1 LosAngetes Irvine Ontario 53n Diego Ucense No. 102 Driver 10/31111 BUILDERS SINCE 1939 PROJECT: NEWPORT 9EACH CIVIC CENTER AND PARIC PROJECT CHANGE ORDER REOUESTm040: Field Order -Of 12.SCE/AT&T/COX Underground atlikrery Iran —� � - pesmlptivn Cantrps P .r pta . 5u centmcts I Totat TOTALAMCUNTOFCHANGEOROERFEO.UEST 138,064 iaudmm Gaol. pdbbrt)lbr Ubm mineom mwvrk AT&T )],ID7 13,iB7 M grVbmrypmvwrawnd4 bflAd.,a tens rx Ubrary ppd.1 lnmmec r¢rvorlo Caz Cbmmunlodvns m[Pmmppbwerw Wd19m16m pb wNe Wer{Pomr x bur ewdtmnml -0 arm 2,57] 7,513 065 Fasmand drp+sckennduitpenvvadam lnm Bhm.y Bpmcl IA85 1;18 x06 Wacerprbvr tonduk pnnemtlans low Llbmry Angelus Womrpr .m, Sp74 5,074 007 Enend LWr, miewmaervrovNnewj6vxes.Add kvddT N'mndWa Gpm 0.psendin Ef.mlc [rty Nall tp UBr.)ncressealm of C-0L•sm pr4mr7(ceders fr Change mremm mWor. rr.m (2) S Ur m (4) 3't Pr.W& wl,o.tpn from SCE. admr usOda. Expfomwrywbdr to Avvmdv. 70,305 70,305 Sublatare r0frad Gast 0 11 82,873 102,673 LIabIBSy ins. (0.71 % cf Cost+Gen. Req.) s42 Fee (x.2545 of CaSt+Gen. Aeq.+slab, fns.) -0,x42 prima Conir. Bond tO.BSY aPCwt+Gsn. Req.+Lfab. los.+Pee} 897 TOTALAMCUNTOFCHANGEOROERFEO.UEST 138,064 .. ,r:�•re: - }1^•rr s' tt1 ':, s ,r,.....T Page 1 of I C.W. Driver BUILDERS SUNCE 1919 March 29, 2012 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: Project Slgnage Change Order Request No. 215 15615 Alto parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5100 Sent FaxlMail 949.644.3318 Dear Steve: Please review this. Change Order Request in the. amount of $337,42.7 for addition of the project signage for the above referenced project. Attached for your review is supporting information, Sincerely, Authorization: William Hahn Senior Project Manager File: 10012-2221.5 4.osAngeles IrvDie Ongrto 0 Dace: Stgooture above oothorizes CW. Driver to proceed pursuant to the terms ofthis Change Order Request L�-� � Lf A San Dlega License No. 102 C. Driver OVILDLHOOINCE 1910 PROJECT: NEWPORTBEACH CIVIC CENM AND PARIC PADJECT OW2WI2 Pop 1 Pf I GWDriver r a =12W.N AIIIIIIINUSSINIM 11P, 27 -Mar -12 SCOPE AND PRICING SHEETS M27112 29 -Mr -12 VI CITY OF / NEWPORT $ ;wr ��••n iw•Y ¢�YWi1W jllr/Mgre City Council Staff Report Agenda Item No. 4 A• TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum(cDnewportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED: TITLE: Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications Informational and directional signage is needed for the new Civic Center structures, the expanded Central Library, and the many components of the Park and outdoor features. Additionally, field modifications were required by dry utility companies at the existing Central Library delivery dock area to connect the new conduits and wirings to the existing systems. These work items were not included in the Construction Manager's (C.W. Driver) scope of work. An amendment No. 4 therefore needs to be executed with C.W. Driver for this extra work. RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute Amendment No. 4 to the Construction Manager at Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the fabrication and installation of signage components for the new Civic Center facilities including the park and the dry utilities modifications made at the existing Central Library delivery dock area to the Civic Center and Park Project scope of work at a not -to - exceed price of $476,281.00. 2. Approve Budget Amendment 12BA-034 appropriating $476,281.00 from the Major Facilities Master Plan Fund to the Newport Beach Civic Center Project Account No. 7410-C1002009. Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications April 24, 2012 Page 2 FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $476,281.00 in increased expenditure appropriations from the Major Facilities Master Plan Fund unappropriated fund balance. With the approval of the recommended Budget Amendment in the amount of $476,281.00, sufficient funds will be available in the following account for the project. Account Description Newport Beach Civic Center DISCUSSION: Account Number Amount 7410-C1002009 $ 476,281.00 Total: $ 476.281.00 The City Council approved a Construction Manager at Risk (CM@R) contract with C.W. Driver on April 27, 2010, to provide full and complete construction administration, coordination and observation services for the general conditions of the Civic Center and Park Project. Since then, the City executed three amendments which added the parking structure, the various buildings and parks, and the San Miguel Drive pedestrian bridge to CW Driver's scope of work. At the time of the execution of the initial CM@R contract, three items were intentionally deferred until a future date; 1) The first item was the cost to relocate and upgrade the existing electric power for the Central Library and to add switching and a capacitor device for the new Civic Center electric service. At the time of the original award, SCE had provided revised requirements that significantly revised the electric service design. The costs were estimated between $200,000 and $300,000. C.W. Driver and City staff successfully negotiated competitive pricing at $138,854 for this work with the project's low bid electrical subcontractor. 2) The second item to be deferred and bid at a later date was the Civic Center Signing package. The Signing bid package includes internal wayfinding for the park, parking garage, City Hall office building, and Library expansion including office, workstation, conference and utility room identification. The signage package was deferred to accommodate the City's recent reorganization effort. The estimated cost for this package was approximately $400,000. Recently, C.W. Driver advertised and received qualifications from thirteen companies for the signage fabrication and installation work. Four of the five companies pre- qualified by C.W. Driver submitted bids. These companies were AHR Signs (Ampersand), Architectural Design and Signs, Neiman & Company, Inc., and 2 Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications April 24, 2012 Page 3 Young Electric Sign Company. C.W. Driver and City staff determined Ampersand was the lowest responsible bidder at a cost of $322,478 including construction contingency, $9,393 (3%). The total cost to provide and install signing including direct costs (bonding and insurance) at $4469, and construction management fee at $10,480 is $337,427. 3) The third item is the Fixture, Furnishings, & Equipment (FF&E). Traditionally, the acquisition of FF&E items occurs during the later part of construction. The purchase of FF&E items will be separately bid and approved by the Building Committee and City Council as required by the City's purchasing policies. A budget of $2,000,000 was established for FF&E at the start of the project. Our preliminary estimates indicate that this number may increase, but staff and BCJ are working diligently to hold costs as close to the budget as possible. Bid packages are currently being prepared and we expect to have the costs before City Council in June. The following is a summary of the CM@R contract with C.W. Driver including the proposed Amendment No. 4: CM@R Contract Scope Amount Original General Conditions/Basic Services $7,169,255.00 Original GMP #1 — Mass Grading & Shoring Wall $7,336,439.00 Amendment 1 GMP #2 — Parking Structure Design/Build $7,426,853.00 Amendment 2 GMP #3 — City Hall, Library Addition & Park $82,374,384.00 Amendment 3 GMP #4 — San Miguel Drive Pedestrian Bride $1,000,000.00 Amendment 4 GMP #5 — Signage and deferred Electrical $476,281.00 Total $105,783,212.00 ENVIRONMENTAL REVIEW: An Environmental Impact Report (SCH No. No. 2009041010) was prepared for the development of the Newport Beach Civic Center project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document was approved by the City Council on November 24, 2009. The document is on file with the Community Development Department. The installation of signage and the modification of underground utilities were previously approved for the Civic Center project and would not result in any new significant environmental effects or result in any additional mitigation measures. 3 Newport Beach Civic Center & Park Project - Approval of Amendment No. 4 to the Construction Manager at Risk Contract C.W. Driver for the Fabrication and Installation of Project Signage and the Installation of Dry Utilities Modifications April 24, 2012 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Director A. Amendment No. 4 with CW Driver B. Budget Amendment 12BA- I MIA 5 AMENDMENT NO. FOUR TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE (CIVIC CENTER BUILDING, CENTRAL LIBRARY EXPANSION, PARK & SAN MIGUEL PEDESTRIAN BRIDGE) THIS AMENDMENT NO. FOUR TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Four"), is entered into as of this day of 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and, C.W; DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following, A. On June 7, 2010,: City and CM.,entered into.a«Construction Manager. at Risk Contract ("CM .Contract") forth& Newport -Beach Civic Center and Park Project ("Project"). B. On September. 3,- 2010; City and CM entered : into Amendment No. One to: the CM Contract. ("Amendment No. One"); as contemplated in the CM Contract, Article Six; Section; 6.1.9(e), to add the Design Build 4450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22,. 2011, City -and CM entered into Amendment No. Two to the CM Contract ("Amendment 'No. Two") for additional services not included in the CM contract or Amendment No. One; to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center; to increase the CMP by $82,374,384.00 for a total GMP of $104,306,931':00; and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. On November 29, 2011, City and CM entered into Amendment No. Three to the CM Contract ("Amendment No. Three"), to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract, Article One, Section 1.3, and increase the GMP to $105,306,931.00 utilizing $1,000,000.00 of the Owner's Contingency along with $1,000,000.00 of the Construction Contingency to fund the costs of construction. E. City desires to enter into this Amendment No. Four for additional services not included in the CM Contract, or prior Amendments and to increase the GMP by $476,281.00 for a total GMP of $105,783,212.00. ■ F. City and Consultant mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Change Order dated October 31, 2011, attached hereto as Exhibit A and the Change Order dated March 29, 2012, attached hereto as Exhibit B, and all incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred Five Million, Seven Hundred Eighty -Three Thousand, Two Hundred Twelve Dollars and no/100 (105,783,212.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] C.W. DRIVER, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. FOUR on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY AT ' R E 'S OFFICE A California municipal corporation Date: Date: By: r By: Aaron . Harp Nancy Gardner City Attorney �� Mayor ATTEST: CONSULTANT: C.W. DRIVER, INC., a Date: California Corporation By: By: Leilani 1. Brown Dana Roberts City Clerk President Date: By: Bessie Kouvara Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Change Order Dated October 31, 2011 Exhibit B — Change Order Dated March 29, 2012 C.W. DRIVER, INC. Page 3 [0 r I CW Driver BUILDBRS SI:`IC6 1919 October 31, 2011 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: SCEIAT&T/COX Underground at Ubrary Change Order Request No. 040 Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5100 Sent: Email / Hand Please. review this Change Order Request in the amount of $138,854 to provide modifications to underground dry utility feeds to the project as required by Cox ! ATT / SCE and directed through Field Order No. 112. Upon review and approval we request a Change Order be issued by November 14, 2011 so we may proceed. In the event we do not receive a Change Order by this date, further cost and schedule impacts may result. Attached for your review is supporting information. Sincerely, Authorization: � Tide: Lam.- al'eAa 15awarw '.• William Hahn Dace: Senior Project Manager Signature above authorizes C W. Driver to proceed pursuant to the terms of this Change Order Request File: 100 12-22040 0 Cos Angeles frvfne orwio San Diego License No. 102 IG) C.W river BUILDERS SINCE 4919 PROJECT: NEWPORT BEACH CHIC CENTER AND PARK PROJECT nce oe..r ret r±rnrtn. eteaa n.de._n i 19. crrJATR.T/CAX fJnderornvnd at Library 10131111 '^_ ~,E ascripkion _------.v..F�� Conkractor or at. —subcontracts ata ---[T,-749 foes far 0bra powatk 5buthon, CIN. Edison 11,744 &T ices far Otrcary c9leevrork AT&T 13,207 13,207 Cox CommunkadarrsTcas6mryapdtat lnmrnct rework Cbx CammUNcadom 8.200 0200 difications to temp powWicne ghmWowarcutover{Power Bke 2,573 1 B a dhuckerw422,573 m and dryplk condulcadons lnm Library Board toemrproofcanduk peocluta Library S,M 5,079nd Ufa, rclecom anvinaw l -boxes Add 6 addT 4"eondufmfrom Rosendin Elacedc Hall ro Ubm feormoe Edison primary feeders from 4' ea 5", plin rcreoom conduits f) 3 i)P to (4) 3': Provide min. 3'ration from SCE m otlima. Explonrory work in Avbtado. 90,305 90,305 Sofstotats birect Cast 0 0 132,673 132,673 U04IRtylns, (071%of Cost +Gen. Reg-) 1 642 Fee (salt%of CMI+ Gen. Bail. + Uab. Ins.) 4,342 Prime Contr. Bond (0.65%o€Count +Gen. Roq.+Uab. Ins, +Fee).6127 TOTALAMOUNT OF CHANGE ORDER REQUEST 130,05 't.. .. .. -.. .. •.. .., ._ ;, % . . SF -, � t ""='z �sf-rF inv_. Com'+ Page 7 of i ki EXHIBIT B t2 CW river BUILDERS SINCE 1919 March 29, 2012 Mr. Steve Badum City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 15615 Alton Parkway Suite 150 Irvine. CA 92618 fax 949.261.5167 Telephone 949.261.5100 Sent. Fax(Mail 949.644.3318 PROJECT: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SUBJECT: Project Signage Change Order Request No. 215 Dear Steve: Please review this. Change Carder Request in the.amount of $337,42.7 for addition of the project signage for the above referenced project. Attached for your review is supporting information. Sincerely, William Hahn Senior Project Manager File; I00I2-2221.5 Los Angeles Irvine Onmrio Authorization: 32 Tide: Date; Signature above authorizes CW. Driver to proceed pursuant to the terms ofthis Change Order Request San Diego License No. 102 CW. Driver 13VILDLRS SINCE 1919 PROJECT: NEWPORT BEACH MID CENTER AND PARK PROJECT .CHANGE ORDER REQUEST €tafgz Project Signage, 03f29H2 Pages t of I III CWD CWD Item Oercrfpdort Contractor Labor Matt, 8uhconhantors Total 001 rbrkncc ad Install Pra(easignagea shown por Conoaa Documvots Ampersand Convaa SQpiag dnvdoped by BCjand phd rsvcd 220,1012 Group 202,183 28 AU 002 Fabricate and lnavll Addidonal Backing In Support Srrvaures Tower Glasaft4antbfaae 22,400 12,400 003 Expadke Fabrlr+don Schodule Ampersand Conrram Sal.g 9,500 8,500 Gro. 094 jCnsv=tha Condagenc73% 4,393 91393 Subtotals Direct Coet 322,478 322,418 2,290 Liability ins.(0.71 of Cost Gen, Req.) Fee(325! of Coat+Gen. Req.+blab, MS.) 1C,4C0 Prime Contr. Bond oSSYO of Cost+Gen. Re .+Uab. Ins,+Fee) 2.779 337,427 - TOTAL AMOUNT OP CHANGEOROER REOUEST Pages t of I III C..Driyer jJa yoort@naL LCYIt Cenmr and Pa d< 3111U.11kki Mun 1%'1 AiewnnH Beach. CA 03)27112 pm & itmnzhum FnPr 27 -Mar -I2 24 -Mar -12 * BudgeH# Qesmfptionfscope of Work Quantity Unit CasHUniC Total %tlS qp, - n?.n "`'t�`I R -o" ""I x�`M a�y?i j `. ) 0.0 0.00 6 Ino % Cl) drdw(ngs issued on January 31, 2012,Addendal 0.0 0.00 0 Exclusions and qualific&tions-under separate cover 0.0 0.00 0 Subcontlactorproposat 1.0 hum 282,105.22 2821185 fab & install of additional backing In support structures 1.0 isum 22,400.00 22,400 expeditefabricoBun schedule 1.0 isum 8,500.00 8,500 U 0.00 0 0.0 0.00 0 of Newport Bead,, NO. BA- 12BA-034 BUDGET AMENDMENT 2011-12 AMOUNT: Sa7s,2a1.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations rq No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations related to a transfer into the Civic Center Fund from the Facilities Financing Plan Fund to provide fabrication and installation of signage and the installation of dry utilities modifications for the new Civic Center. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 405 3605 Facilities Financing Plan - Fund Balance $476,281.00 REVENUE ESTIMATES (3601) Fund/Division Account 9410 6000 EXPENDITURE APPROPRIATIONS (3603) Description Civic Center Fund - Transfer In Signed: Signed: Signed: City Manager City Council Approval: City Clerk $476,281.00 ` Automatic $476,281.00 $476,281.00 y-Ity- !, Date `4)n) A-Fate Date Description Division Number 9405 Facilities Financing Plan Account Number 9900 Transfer Out Division Number 7410 Civic Center Fund Account Number C1002009 Newport Beach Civic Center Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Manager City Council Approval: City Clerk $476,281.00 ` Automatic $476,281.00 $476,281.00 y-Ity- !, Date `4)n) A-Fate Date V AMENDMENT NO. THREE TO CONSTRUCTION MANAGER AT RISK (� CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK J GMP PHASE THREE (CIVIC CENTER BUILDING, i CENTRAL LIBRARY EXPANSION, PARK & C� SAN MIGUEL PEDESTRIAN BRIDGE) THIS AMENDMENT NO. THREE TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Three"), is entered into as of this 29TH day of November, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and C.W. DRIVER, INC., a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and park Project ("Project"). B. On September 3, 2010, City and CM entered into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not included in the CM Contract or Amendment No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center, to increase the GMP by $82,374,384 for a total GMP of $104,306,931; and, to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. City desires to enter into this Amendment No. Three to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract Article One, Section 1.3, the costs of which were not previously included in the GMP. E. The City desires to utilize $1,000,000.00 of the Owner's Contingency thereby increasing the GMP to $105,306,931.00. CM desires to utilize $1,000,000.00 of Construction Contingency to fund the costs of construction with no adjustment to the GMP. C.W.Ddver, Inc. Page 1 F. City and CM mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Scope of Work dated December 1, 2011, which is attached hereto as Exhibit A, and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to increase the GMP to One Hundred Five Million, Three Hundred Six Thousand, Nine Hundred Thirty One Dollars and no/100 ($105,306,931.00) to reflect contribution of the Owner's contingency to the GMP. 3. COMPENSATION FOR GMP CHANGE ORDER The parties hereby agree that the Scope of Work dated December 1, 2011, which is attached hereto as Exhibit A shall be considered a GMP Change Order pursuant to Section 6.1.9. It is hereby agreed that this GMP Change Order does not change the Basic Services identified it! the CM Contract nor trigger any of the provisions included in Article 4 pertaining to Additional Compensation. The parties further agree that the contribution by CM of a portion of the Construction Contingency in the amount of $1,000,000.00 will not result in any increase to the GMP as described in Section 6.1. The parties further agree that the $1,000,000.00 funded by CM's Construction Contingency may only be used to fund the Scope of Work dated December 1, 2011 attached hereto as Exhibit A. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES NEXT PAGE] C.W.Driver, Inc. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: CITY AT� R Y�' OFFICE Date: By Aaron C. Harp, City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONTRACTOR: C.W. DRIVER, INC., a California Corporation Date: By: Leilani I. Brown { X Dana Roberts, President City Clerk VAD"Posklont Date: By: Bessie Kouvara, Chief Financial Officer [END OF SIGNATURES] Attachment: Exhibit A — Scope of Work dated December 1, 2011 C.W.Driver, Inc. Page 3 Newport Reach, ivuri scam Q prp� C. W. DRIVER 01 -Dec -II Paget oft Desaiptic,WScope of Work Quantity Unit Cost/Unk Toni San Miguel Pedestrian Bridge Alternate Grading 1.0 hum 25,000.00 25,000 Concrete 1.0 Isom 529,000.00 529,000 Site Concrete 1.0 hum 32,500.00 32,500 Abuonent wall fooling Me wr foottng Slab on grade for elevator control room, including sand visqueen 24* thick archImctuml concrete abutment walls, sloped, 1/4' control joints 12" thick concrete abutment cross walls 24' Thick elevator, architectural concrete walls with I/4' control joints 12' Thick elevator, architectural concrete walls with 1/4' control pints 12" concrete wall between shaft and elevawr control room per A6.70 40" deep x 4'-6" wide concrete beam between steel, 8.9 lines, 17f56.31 6" thick slab over foam I'-2" thick slab over foam Foam fill 6" thick concrete fill over bridge metal deck Concrete fill over metal deck stair landngs Architectural concrete plinth, steps _.... Rebar Wet Utilities Perforated drain pipe with the wrap at the the abutment walk 1.0 [sum 11500.00 1,500 Trench drain at base of bridge approach 1.0 each 1400.00 11500 Tie-in to swan drain system 1.0 hum 5,000.00 51000 Landscape planting and knigation 1.0 Isum 1500.00 15,000 Structural Steel 1.0 Isum 323,572 323,572 Add 5,000165 ofsteel not shown per 50.02 Material QUanWw 2S tons 4,000 10,000 2 112" bridge metal deck 1.0 Isum 16,480.00 16,480 Miscellaneous & Ortumeotai Metal Mew pan stair 1.0 Isum 269,370.00 269,370 112"x 2 112'r steel bar stockguardra0, stainless steel - bridge 740.0 inR 255.00 188,700 1 1f2'stainless swd handrail mrs 140.0 Ink 25,00 3,500 Elevator Gulderails 1.0 Isum 1,500.00 - 1,500 Canopy aver the landing 480.0 stilt 20.00 9,600 Mew bench 21.0 belt 225.00 4,725 Glassguardrail 1.0 Isum 18,900,00 18,900 Cast stone treads 1.0 Isum 30,000.00 30,000 Waterproofing 1.0 Isum 5,500.00 5,500 . Rod over ekwawr 1.0 Isum 5,500.00 5,500 Finishes Walking surface treatment 1,440.0 sqk 4A0 5,760 Machine room / closet door and hardware 1.0 Isum 2,500.00 2,500 Paint srrtutuml steel 1.0 Isum 5,000 5,000 Paint railings and mhc 740.0 Ink 5.00 3,700 Stone die Flooring to elevator ab 30.0 sglt 30.00 900 Mechanical Exhaust fan at elevator machine room 1.0 Isum 5,000.00 5,000 Relief vent in elevator hoistway 1.0 each 500.00 500 Electrical /Security 1.0 Isum 59,000.00 59,000 (4) 2- Electric servke 0.0 Ink 147.00 0 Paget oft Page 2 of2 Description/Scope of Work Quantity Unit Cost/unit Total Edison Dectricservloa (no size shown) 1.0 Isum 15,000.00 15,000 ElecuicpOC 3.0 each 253450 7,604 Lighting 1.0 Isum 10,000.00 10.000 Dedkamd phone line to elevator 1.0 [sum 6,500.00 6,500 Elevator 1.0 each 111.000 111.000 • 40OW Eca.9pace MRL service shaped @ 150fpm 0 2 Landing— 14'-0" travel —front opening only— 9' abs / 8' doors 0 • Brushed minims steel ab walls, fronts, doors, and entrances 0 • Round brushed stainless steel handnll @ rear wall 0 KONE KS5500 series fixtures & signalizadon* 0 • Emergency battery device Included 0 • Card reader Qogk by KONE, device by others) 0 • Control closet loated adjacent to hoist way at bottom landing 0 • Hoiscwaydimensions. T4"x9'-2" 0 • Pit depth: 5'.0" 1 cwerlsead: 14'-0" 0 0 Protection of traffic on San Miguel street 1.0 [sum 35,000.00 35,000 Road closures l delineation 1.0 Isum 15.000.00 15,000 Night/ Off -Hour work premium 120 weeks 31400.00 40,800 CWD Real Support iSupervision for NighdOff-hour work 12.0 weeks 1,975.00 23,700 Subtotal - Direct Cort 1.843.811 Contingency (3%) 1,843.810.5 0.03 55,314 Subtotal - Direct Cost+ Contingency MBtkvo "0.0 0.00 ISIMIM 1.899,125 Liabifky Ins. (0.71% of Con) 6899.1242 0.0071 13.484 Ne(3.25%of Cost +Crab. ins.) 1,912,608.6 0.0325 62,160 Prime Conw. Bond (0.65% of Cost + Uab, ins. + Fee) 1,974.768.4 0.0065 12,836 0.0 0.00 ... P Xg9M D. X. - � ^ F !e .S T.R e_^v 1 e P. u ! y,S a N _ _ _ N ?_ ✓ h_ _P n Grand Total 1,987,604' Page 2 of2 Newport Beach Civic Center and Park Project— Proposed Pedestrian Bridge over San Miguel Drive November 29, 2011 Page 2 1311I�Ific�7x�11117-firil�i!i%�1 Sufficient funds are available in the current GMP Construction contract contingency ($1,000,000) with C.W. Driver and the City's owner contingency ($1,000,000) (7410- (1002009) for the additional construction. Construction History and Status On April 27, 2010, the City Council approved a Construction Manager at Risk Contract (CM@R) with C.W. Driver that established the costs for the general conditions for the entire project; authorized the export of soil, grading, and the construction of the parking structure shoring wall; and set the cost of direct expenses and the project fee for this phase. The export of approximately 300,000 cubic yards of soil has been successfully exported off the project site. Rough grading is complete, topsoil has been stockpiled on the site, and erosion control and water quality are in place and functioning as designed. The parking structure shoring wall is also complete. On September 14, 2010, City Council approved the second phase of the CM@R (Amendment #1) which includes the design and construction for the parking structure and miscellaneous items of work. This phase provided for the design and construction of a 450 -space parking structure. The construction of the parking structure is 90% complete with only the installation of lighting, stairways, and architectural fins remaining. On February 22, 2011, City Council approved the third phase of the CM@R (Amendment #2) which includes the remaining portions of the Civic Center project including the City Hall Office building, Council Chambers, Community Room, Emergency Command Center, Central Library Expansion, Civic Green, Central Park & Wetlands, and the North Park & Dog Park to construct the project. As of this date, five out of the six bays and the Community Room have their steel frames and roof structures erected. Underground utility work for the Council Chambers is underway. The installation of the second floor concrete deck and the roofing panels are continuing. A new and upgraded electrical service and the temporary wall on the second floor of the library is now complete and work on the addition will be proceeding in the coming months. Park construction is underway as well, with retaining walls constructed and footings for the wetlands bridges in place. As of October 31, 2011, the total cost of work completed is $30,879,137 or approx. 30% of the total construction cost. The following summary shows the breakdown for the project construction. Newport Beach Civic Center and Park Project — Proposed Pedestrian Bridge over San Miguel Drive November 29, 2011 Page 3 CM@R Contract Scope Amount Original General Conditions/Basic Services $7,169,255 Original ( GMP #1 – Mass Grading & Shoring Wall $7,336,439 Amendment 1 GMP #2 – Parking Structure Design/Build $7,426,853 Amendment Z GMP #3 –City Hall, LibraryAddition &Park $82,374,384_ —i Total 06,931 _ _VO4,31 Contingencies The CM@R contract, as shown above, includes $2,757,300 for construction contingencies. To date, $585,146 of the construction contingency has been used leaving a balance of $2,172,154. The City has its owner's contingency in the amount of $2,623,000 which is not a part of the CM@R contract. To date, the City Council Building Committee has approved only one change order for enhanced ADA Ramp improvements between the Library Addition and Civic Green for $12,269. The balance of the Owner's contingency is $2,610,731. Therefore, $4,782,884.00 remains in contingency accounts. Most, but not all, of the construction phases where significant uncertainty exists (uncertainty driven by risk of excavation issues, steel provision and construction, foundation installation, utility connections, and more) and where that uncertainty could lead to significant use of contingency are now nearly complete or fully vetted with our subcontractors. Staff and the design team are confident that the project has passed through these critical periods successfully and relatively unscathed. Looking forward, at least one other item remains with cost -related uncertainty (installation of the glass curtain walls), but as that nears, the construction management team's comfort grows. In the event that Council thinks it appropriate to part with some of the contingency at this point in time, the proposed action will add the construction of the San Miguel Pedestrian Bridge to the work scope of the existing Civic Center and Park Project. The original Civic Center and Park Plan included this pedestrian bridge to connect the North and Central portions of the park as an alternative item. At the time of the contract approval, City Council elected to defer the addition of the pedestrian bridge alternative with the plan to revisit this decision if project savings andtor the preservation of the construction contingencies could be accomplished. As noted above, the City's and C.W. Driver's staff believe that this point in the construction timeline would be the appropriate time to cost effectively add the pedestrian bridge, if desired. in an effort to support the addition of the pedestrian bridge, C.W. Driver has proposed that they utilize $1,000,000 from the construction contingency within their GMP contract. The remaining balance of $1,01,000 would come from the City's owner contingency. C.W. Driver was incentivized to reduce costs by sharing (25% to Driver, 75% to the City) of left -over construction contingency. This proposal means that Driver would be "giving up" a $250,000 share in potentially saved contingency. At the same time, Driver would also earn $65,000 (3.25%) in construction management fee (same percentage as the rest of the GMP Contract), so the net difference to Driver is a reduction in potential revenue of $185,000. C.W. Driver is willing to offer this reduction to enable the City to complete the original vision of the park design and to create jobs. The net cost to the City for the pedestrian bridge Newport Beach Civic Center and Park Project — Proposed Pedestrian Bridge over San Miguel Drive November, 29, 2011 Page 4 would be $1,750,000. ($750,000 of foregone construction contingency savings, $1 million of the City's owner contingency). ENVIRONMENTAL REVIEW: Staff recommends the City Council find the California Environmental Quality Acct ("CEQA") is satisfied by the discussion in Environmental Impact Report No. 2009041010 for the City Hall and Park Development Pian. Specifically, the Project Description for EIR No. 2009041010 included the San Miguel Pedestrian Bridge and the environmental impacts for the San Miguel Pedestrian Bridge, if any, were analyzed in I=tR No. 2009041010 such that no further environmental is necessary or required at this tame. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: CITY OF �E�vwbRr NEWPORT BEACH Y �gCIFORNP City Council Staff Report Agenda Item No, 3 November 29, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL_ FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, PREPARED BY: Stephen G. Badum, Public Works Director APPROVED: TITLE: Newport Beach Civic Center and Park Project — Proposed Pedestrian Bridge over San Miguel Drive ABSTRACT: The Pedestrian Bridge over San Miguel Drive was proposed as an alternative in the Civic Center and Park Project. Due to cost concerns, the Council did not include this alternative in the approved construction manager at risk contract with C.W. Driver on February 22, 2011. As the project has progressed, the construction contingency has been used very sparingly and it may be appropriate to revisit adding the pedestrian bridge alternative into the project using contingency dollars to fund the construction. The cost of the pedestrian bridge is $2,000,000. RECOMMENDATIONS: 1) Authorize the Mayor and City Clerk to execute Amendment #3 to the Construction Manager at Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the construction of the pedestrian bridge over San Miguel Drive to the scope of work for Civic Center and Park Project at a not -to -exceed price of $2,000,000 subject to approval as to form by the City Attorney. 2) Authorize the transfer of $1,000,000 from the Construction Manager at Risk contract's construction contingency to the project's work scope and authorize a change order from the City's owner contingency in the amount of $1,000,000. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date:'% ,,<t By: Aaron -O Harp, City Attorney ATTEST: Date: By: Lellani 1. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONTRACTOR: C.W. DRIVER, INC., a California Corporation Date: By: John Thomton, Executive Vice President Date: By: Bessie Kouvara, Chief Financial Officer [END OF SIGNATURES] Attachment: Exhibit A — Scope of Work dated 2011 J N m 41 s O z aA J)C O O OJ txA m m 4- O c 41 O 41 o O bb m O s E O w- �G i co CL N 4-0 _ tQ O 3 a� v O a E ® a-J U E 4-JU C O ccs V i c:Ln v ®NO m O m 4L.-J v +, O cn lC? V O-a ® V) cn O c ® -N- V CL 4-j E V O E •- O 4-, rm' O - O 0) O C: ® ® O O ' ® 4-J O04 4-JO ._ u ® - n- c.v - n- v V U C6 � Ct3 � -F-J p 00 U') N cn 4-J~ N 4-J p i � N -V)• cn N •N Vi o 4-J m ate-+ > ®V v U Z'S V U O N d' Z� U trf• O II TT3 a-' O •— W Q C: N Q cn Nm ca CL .Q +J ® O c:N . _ cn Q1 O p N L CO 3: •— Qo 4-J m a m O O U U v M V u Lr) N V U F� Ln M Um1 0�0 M f31 M Cil O p m Vt Ir` FZ N Cil d eD 00 (D M dol V -4M ct m M V „ '" m 4-Jh !.. N ` Uh Ln M V 00 C7 C) C7 n j • lj} •t/?- q^ t!} V. 4.n ivlw AA IA L4 t/?. #h V} ° �♦ � i 1I !1 11 0 \ � 1� ® Ln m Co o co V i. :F-+ y d v, CL cii cn Q Co O cz +; +' tLo OD A®u�A 0 a VJ 4-J c� u_ c; GSL CU cn E V I I 1 i { ) C cv m T -t +.n Qo n E' a a a a s V (D (D Q Q t7 s • (N M ,n +J 4� 4� 4-J ' 4-� i�76 "rw txo a3 a) d O O Q Q d' Q a 1, CITY OF NEWPORT BEACH CITY ATTORNEY'S OFFICE DATE: November 29, 2011 TO: Honorable Mayor & Members of City Council FROM: Leonie Mulvihill, Assistant City Attorney MATTER: City Hall: CW Driver Contract No.: A09-00022 SUBJECT: Special Meeting November 29, 2011, Agenda Item 3 — Newport Beach Civic Center and Park Project _ Proposed Pedestrian Bridge Over San Miguel Drive Agenda Item 3 requests authority for the Mayor and City Clerk to execute Amendment No. Three to the Construction Manager at Risk Contract with C.W. Driver, Inc. Since the posting of the agenda, the City Attorney's Office prepared a draft of the proposed Amendment No. Three, which is attached hereto as Attachment 1. If this item is approved, a final draft of Amendment No. 3 will be prepared by the City Attorney's Office and will be in substantially the same form as Attachment 1. Submitted y. y EVI Leonie Mulvihill Assistant City Attorney Attachment 1: Draft of Proposed Amendment No. Three Late Communication to M&CC from LM 11,29.t i Mig AMENDMENT NO. THREE TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK GMP PHASE THREE (CIVIC CENTER BUILDING, CENTRAL LIBRARY EXPANSION, PARK & SAN MIGUEL PEDESTRIAN BRIDGE) THIS AMENDMENT NO. THREE TO CONSTRUCTION MANAGER AT RISK CONTRACT ("Amendment No. Three"), is entered into as of this 2e day of November, 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and C.W. DRIVER, INC., a California Corporation whose address Is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and park Project ("Project"). B. On September 3, 2010, City and CM entered Into Amendment No. One to the CM Contract ("Amendment No. One"), as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. On February 22, 2011, City and CM entered into Amendment No. Two to the CM Contract ("Amendment No. Two") for additional services not Included in the CM Contract or Amendment No. One, to add the construction of the City Hail Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center, to increase the GMP by $82,374,384 for a total GMP of $104,306,931; and, to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. City desires to enter into this Amendment No. Three to reflect the City's option to construct the San Miguel Pedestrian Bridge as part of Phase Three as originally contemplated in the CM Contract Article One, Section 1.3, the costs of which were not previously included in the GMP. E. The City desires to utilize $1,000,000.00 of the Owner's Contingency thereby increasing the GMP to $105,306,931.00. CM desires to utilize $1,000,000.00 of Construction Contingency to fund the costs of construction with no adjustment to the GMP. F. City and CM mutually desire to amend the Contract, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK City and CM acknowledge that the above Recitals are true and correct and are hereby Incorporated herein by reference. Article Two of the CM Contract shall be supplemented to include the Scope of Work dated , 2011, which is attached hereto as Exhibit A, and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. GUARANTEED MAXIMUM PRICE Section 6.1.1 of the CM Contract shall be amended to Increase the GMP to One Hundred Five Million, Three Hundred Six Thousand, Nine Hundred Thirty One Dollars and no/100 ($105,306,931.00) to reflect contribution of the Owner's contingency to the GMP. 3. COMPENSATION FOR GMP CHANGE ORDER The parties hereby agree that the Scope of Work dated . 2011, which is attached hereto as Exhibit A shall be considered a GMP Change Order pursuant to Section 6.1.9. It is hereby agreed that this GMP Change Order does not change the Basic Services identified in the CM Contract nor trigger any of the provisions included in Article 4 pertaining to Additional Compensation. The parties further agree that the contribution by CM of a portion of the Construction Contingency in the amount of $1,000,000.00 will not result in any Increase to the GMP as described in Section 6.1. The parties further agree that the $1,000,000.00 funded by Ws Construction Contingency may only be used to fund the Scope of Work dated , 2011 attached hereto as Exhibit A. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract as amended shall remain unchanged and shall be in full force and effect [SIGNATURES NEXT PAGE] AMENDMENT • TWO FOR EXPANSIONGMP PHASE THREE (CIVIC CENTER BUILDING, CENTRAL LIBRARY C.W, DRIVER • FOR •' THIS AMENDMENT NO. TWO FOR CONSTRUCTION MANAGER AT RISK C T CT ("Amendment No. Two), is entered into as of this day of .9- aeo-r , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Cor oration ("City"), and C.W. Driver, Inc., a California Corporation whose --address is 15615 Alton Parkway, Suite 150, Irvine, California 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and CM entered into a Construction Manager at Risk Contract ("CM Contract") for the Newport Beach Civic Center and Park Project ("Project"). B. On September 3, 2010, City and CM entered into Change Order No. One to the CM Contract, as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. City desires to enter into this Amendment No. Two to reflect additional services not included in the CM Contract or Change Order No. One, to add the construction of the City Hall Office Building, Central Library Expansion, Parks and miscellaneous items of work for the Newport Beach Civic Center and to increase the Guaranteed Maximum Price ("GMP") and to update the insurance provisions consistent with the City's election to implement an Owner Controlled Insurance Program ("OCIP"). D. City and CM mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Article Two of the CM Contract shall be supplemented to include the Scope of Work dated February 16, 2011, which is attached hereto as Exhibit `1' and incorporated herein by referenced. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION Article Six, Section 6.1.1 of the CM Contract shall be amended to increase the GMP to Eighty -Two Million, Three Hundred Seventy -Four Thousand, Three Hundred Eighty - Four Dollars and no1100 ($82,374,384.00). 3. INSURANCE Section 7.1 of the CM Contract shall be amended to include subpart (a) to read: (a) On February 22, 2011, the City Council elected to implement an OCIP consistent with this Section 7.1. The terms and obligations imposed on the City and CM as a result of this election are set forth in Exhibit 2, attached hereto and fully incorporated by this reference. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract and Change Order No. One shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Da By _ & . Leonie Mulvihill Assistant City Attorney ATTEST: Date: W_-� ffil Leilani I. Brown City Clerk �f1wPO,Q� D w CITY OF NEWPORT BEACH, A California municip I corporation Date: By-.-- y:Michael Michael . Henn Mayor CM: C.W. DRIVER, INC., a California Corporation Dater —�'— By- John Thornton Executive Vice President Date: Ac Bessie Kouvara Chief Financial Officer Attachments: Exhibit 1 - Additional Services to be Performed Exhibit 2 — Owner Controlled Insurance Program Exhibit 1 G.W. Driver BUILDERS SINCE 1919 February 16, 201 1 Mr. Stephen G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: Newport Beach Civic Center and Park Project Project Phase III GMP Dear Stephen, 15615 Afton Parkway Suite 150 Irvine, CA 92618 Fax 949.261,5 167 Telephone 949.261.5 100 C.W. Driver is pleased to submit our Guaranteed Maximum Price Proposal (GMP) for the Newport Civic Center and Park Project – Phase 111. For clarification of our proposed services, please see the attached documents. The total proposal for [hese services is as follows: I tllm — p on Project Phase If GMP Scope of Work* _ Credit forseScope Reduction of Work* Phase I and 11 _ $79,097,902 ($373,000) II IV V RevlsedSubtotal_ ( ) Off-site Liabilit and Auto – 0.71_2Y Construction Management Fee (3.25/) $78,724,9021 $558 947 y $2,558,559 VI Direct Expenses Allowance for Project Bond (0.65%) _ $531 97S L TOTAL ., $82,374,384 '. 'Includes Construction Uonangency PROJECT SCOPE: Phase III of the Newport Civic Center and Park Project consists of a certified LEED Silver 9S,000sf two story office structure, a 17,000sf two story addition onto the existing Newport Beach Public Library, new dog park and associated improvements at the North Park (North of San Miguel), (3) pedestrian bridges, plantings, walk paths and gathering areas of various pavement types, benches and appurtenances at the Central Park, and various lice improvements and landscaping surrounding the building structures at the South Park area. The GMP for this work is based upon the initial design identified in the 100% CD Set of Documents and Specification provided by Bohlin, Cywinski, Jackson (Bq) dated November 4, 2010, subsequent issued Addendum #I, dated November 18, 2010 and Addendum #2, dated December 10, 2010 Including pre-bid RFI responses #Prebid-0001 through #Prebid-0162 and Bulletin I dated January 20, 20 11 . However, Prebid-RFI #-0137 is excluded from the GMP. Any changes made to the plans and specifications issued after these dates are specifically excluded from the project GMP. (Please see attached Exhibit A) In addition to the above scope of work, there are two alternates identified in the Phase III Design Documents: 1) Pedestrian Bridge over San Miguel.. .... __ ...... ...... ..... Add $ 2,000,000 2) Photovoltaic System for Civic Center Building ............. _.Add $ 750,000 Los Angeles Irvine Ontario San Diego license N. 102 Both Alternates #1 and #2 are specifically excluded from the Phase III Project Scope of work and excluded from the GMP amount. Should the City of Newport Beach choose to add either of these alternates to the project, the Project GMP would increase by the amounts shown above. A list of Value Engineering (VE) suggestions that were approved by the City of Newport Beach for the Phase III scope of work has been attached for your reference. Those VE items already approved by the City (totaling have been identified ("YES" in Accepted Column) in the attached 'Value Engineering Log" and the costs are reflected in the final Phase III GMP proposal. As part of the Phase III GMP, CWD has included a list of Project Allowances for your reference. As stipulated in our Agreement, 100% of any allowance amount not used in the project will be returned to the Owner in its entirety. The allowances are Identified in the attached "Scope and Pricing Sheets". CWD will provide the Owner with a full accounting of the usage of these monies on a monthly. basis. As previously agreed to, the City has elected to use an Owner Controlled Insurance Program (OCIP) for both the Phase II and Phase III portion of the Project The Phase III GMP proposal accounts for the use of this program on the project for all requirements as identified in the project draft OCIP Manual dated November 2, 2010 and the OCIP project safety manual dated December 7, 2010. Project Phase 111 scope OuaFifications and Exdlusions_ General Qualifications: a. Bq/ARUP to provide all CAD file backgrounds and 3D models necessary for this work. b. CWD to issue the City of Newport Beach (CNB) a completed 3D Revit model at project closeout as produced by CWD and their subcontractors during the construction coordination process. Training how to use the model is included. c, City of Newport Beach to contract with all artists providing work for the project including the Willow Structures identified on the Landscape Drawings. CWD has included an allowance of $100,000 in the GMP for this work as a place holder for the City that can be transferred out at a later date. d. CNB to pay for all Building Permits and inspections under City of Newport Beach jurisdiction. Individual trade permits as required in the specifications are included by CWD and their subcontractors. e. CNB to pay for all construction utility usage charges for project. CWD has not included any money in the G111P for these charges. E CWD excludes all hazardous material removal including subsurface conditions not identified in the project soils report. g. In the case of conflicts between the floor plans and finish schedule, the finishes shown on the project finish schedule shall supersede and is included in the GMP. h. CWD excludes temporary office or swing space for library staff during construction. Newport Beach Civic Center and Park Project Phase I i I Guaranteed Maximum Price (GMP) -wI February 4, 2011 e ,i Page 2of9 ',"r^sc 11'' i. All labor and work hours for this work are based upon regular project working hours, Monday thru Friday and exclude overtime and shift work with the exception of after hours utility shut downs as required for the existing library. j. CWD includes all required recycling and recycling documentation of construction waste in accordance with project LEED requirements. k. The Civic Center's target to obtain a LEED Silver rating is based upon the design prepared by the Project Architect, Bohlin, Cywinski, Jackson. CWD is reliant upon the project design to achieve this Silver LEED rating target. I. CWD excludes demo, relocation and any work associated with relocating the City's existing ATM machine to the new City Hall project site. m. CWD includes all site dewatering and State required water quality provisions as defined in the project documents, SWPPP and erosion control, etc. for the project as part of this proposal for normal seasonal weather conditions. CWD has not included this scope for provisions for above average! normal rain fall or force majeure conditions as stated in our agreement. n. CWD excludes all project design and engineering for project except for those trades where it is specifically required by the project documents as defined as deferred approvals listed in Item 46 of Sheet CS2. o. CWD includes coordination of work with the CNB's project consultants and General Services Department. p. CWD includes a project mock-up of the north park fence at the dog park. q. CWD has not included any project scope of work, costs or fees for attaining LEED certification for the existing library or library addition. Therefore, any additional work or fees associated with attaining any type of LEED certification for these areas is specifically excluded from this Phase III GMP Proposal. r. CWD excludes all retro -commissioning scope of work beyond what is currently shown in the contract documents for the existing library and library addition. s. The Owner has selected an OCIP to be used on this project with AON being the OCIP Administrator. CWD will fill out and have our subcontractors fill out and submit the AON -1 insurance form provided in the draft OCIP project manual dated November 2, 2010 as required to enroll in the program, however, AON will be responsible for verification of final enrollment in the program by the subcontractors on the project. CWD will help coordinate any efforts necessary with the CNB and AON. r This Phase 111 GMP has taken into account the selected OCIP insurance program for this project and this proposal includes all of the total costs and final credits associated with this insurance program. Therefore, CWD and their subcontractors exclude any final cost adjustments to the project under this proposal at the closeout of the project as related to this type of insurance program. Newport Beach Civic Center and Park Prolect Phase III Guaranteed Maximum Price (GMP) e ' + - February 4, 2011 Page 3of9 I'll -r"r. "I u. CWD will provide all specified work as shown including all required labor and equipment warranties, but does not guarantee or warranty the Engineer of Record's expected level of energy efficiency of the building or the expected functionality of any of the building systems. This is the responsibility of the project Engineer of Record. v. CNB to provide a separate Commissioning Agent to commission the project. w. CWD specifically excludes removal, protection, transportation and installation of all wall pictures, picture hangers, etc. as identified as OFCI items in the contract documents. x. CWD will provide the City with all required warranties and guarantees as required by the Contract Documents unless otherwise qualified in this letter, however, please be informed that since the library addition and Civic Center will have separate completion and project turn over dates, that the warrantees and guarantees for each part of the project will start at the project Owner Occupancy date for each individual project structure respectively. y. In addition to the Scope of Work in the Phase III GMP, CWD is also performing the utility relocation scope of work for the chilled water lines at the backside of the existing library as follows. This work is being paid for out of Phase I contingency and therefore, not reflected in the Project Phase III GMP costs: (1) Relocation of the existing two (2) inch gas line that services the hot water boiler system. This line will be re-routed through the existing library space, down to the basement level to the existing airway where the new high efficient boiler will be located. (2) Furnish and install a new 96% high efficiency boiler (I 7MBTU/H) complete with all required housekeeping pads, vent flues, piping, and new electrical power to new boiler location. (3) Cut and cap of existing hot and cold water Tines. (Removal of lines by Phase IN Grading / Demo Subcontractor) (4) Cut and cap of existing gas service to library building. (Removal of lines by Phase III Grading Demo Subcontractor) (5) Cutting and temporary patching of existing AC paving (hot patch) between library and existing utility yard. (6) Safe -off and removal of two (2) existing exterior light poles to be turned over to Owner for storage. (7) Flushing, testing and commissioning of the systems modified by this work. (8) Owner's manuals and as -built documents to be turned over to the Owner at project completion for this scope of work. (9) (1) year Contractor's warranty in addition to equipment manufacturer's warranty for new equipment. II. Trade Specific Qualifications 002.1 — Site Utilities a. CWD includes an allowance of $17,000 for slope anchors not shown in the sped IT can ons, but typically required by code. Newport Beach Civic Center and Park Project Phase III Guaranteed Maximum Price (GMP) February 4, 2011 Page 4 of 9 � 1,1CIIII'. Na. ,u_ 002.2 — Demolition a. CWD includes all temporary safety barricades and associated signage for public safety. 002.3 — Site Concrete CWD has excluded the water repellent specified in contract documents for any horizontal surfaces or curbs. The architect informed CWD that this scope was not required in these areas. 002.4 — Landscape and Irrigation a. CWD excludes the Willow Structures as shown on the contract documents and all associated labor and equipment related to the building of these structures by the chosen artist. (see allowances) b. BCJ/PWP to locate and source all specimen trees for project to verify their availability in the market for the quantities shown on the project documents including Torrey Pines and Magnolia trees. 002.6 — Finish Grading a. Finish grade of landscaped areas will be within +/_ 0.10' of indicated grade vs. the tolerances identified per the specifications. 003.1 —Structural Concrete / Rebar a. Exposed elements of structural concrete that are required to be integrally colored concrete will be formed and poured separately to minimize the amount of colored concrete required. This may require the addition of concrete construction joints not shown by the plans. 003.2 — Soil Anchors a. There is no specification or design performance criteria provided for drilled caissons at the landscape bridges. All caissons are assumed to be 24" diameter x 20' depth, with reinforcing as indicated in detail I O/S6.35. Concrete mix is assumed to be Type A per Concrete plan note 3 on sheet S0.2 004.2 — Stone Veneer / Stone Pavers a. Stone veneer on the face of radiused walls is assumed to be straight and segmented. GMP does not include curved stone. b. GMP pricing is based upon specified stone material and not necessarily from the named supplier. c. Cast stone steps at the library central stairway are assumed to be selected from manufacturer's standard product line. 005. 1 — Structural Steel / Misc. Metals a. CWD excludes costs for any required out of state welding inspection b. Elevator pit ladders are excluded from the GMP, there are none shown on the documents and we have been informed that they are not required. 006.2 - Finish Carpentry and Millwork a. Premium corian surface material included, selection still to be made by project architect b. 9Wood material at council chambers to be segmented panels, not curved at radius wall. Material specified in documents cannot be made curved. c. Lentech privacy panels will be mounted to the structural slab, not to the access floor as indicated. Newport Beach Civic Center and Park Project Phase Ill Guaranreed Maximum Price (GMP) February 4, 2011 Page 5 of 9 ricrIsr, n„ 1.i_ 007.1 —Waterproofing a. The GMP includes scope of work to re -waterproof the North elevation of the existing library basement wall as identified in the contract documents. However, since the contract documents do require exposing and re -waterproofing ALL of the basement walls, CWD does not guarantee against water intrusion into the library existing basement area b. The GMP excludes damp proofing along scone walls and precast stair treads directly in contact with soil or aggregate mulch. 0022 — Roofing a. According to the manufacturer, Detec roof leak detection system can only be installed within roof assemblies that are directly adhered to a concrete roof slab, therefore, CWD can only provide the Detec roof leak detection system under these conditions. Is. CWD includes a standard two (2) year installation labor warranty and a twenty (20) year standard manufacturer's limited warranty against material defects in lieu of the specified ten (10) year comprehensive warranty for the specified roofing system. c The GMP includes use a value engineering alternate to utilize polyisocyanu rate roofing insulation in lieu of the specified extruded polystyrene 008.3 — Storefront / Glass & Glazing a. The GMP includes supply the specified Shuco operable window operators, to be installed in the approved curtain wall system. b. The GMP includes supply and installation of Shuco exterior curtain wall and storefront components, with engineering and fabrication by Tower Glass. c. It is assumed that the building structure, as indicated by the structural plans and details, has been designed to withstand imposed loads from the exterior curtain wall. Curtain wall indicated to attach to the underside of the metal roof decking will be through -bolted to the decking and backed with plate washers. No other deck reinforcement has been included. d. CWD to protect in place top row of windows along North elevation of existing library where new addition is to be constructed. e. The GMP includes an allowance of $134,000 for removal and reinstallation of glazing at library curtain wall at North elevation as indicated in the contract documents. 009.1 — Drywall, Lath & Plaster a. CWD to provide a Level V finish at all walls to receive paint finish in the Civic Center Building in lieu of the specified Level IV finish shown in the contract documents. 009.3 — Ceramic Tile a. Specified Floor Tile CT — 2, " Porcealto" is no longer available in 8"x8" size. CWD including same tile in a 12"xl2" size. b. Specified Floor Tile CT — 3 & CT — 4 shown in the library bathrooms is not specified in the finish schedule or specifications. CWD has included a $3.00/sf material allowance for the in these areas. c CWD includes standard cementitious grouts and setting beds. All epoxy and latex products have been excluded unless specifically shown on documents. d. 5'-0" wainscot of 2"x8" specified tile at Civic Center Rooms 1505, 1506, 1508, and 2258 will be provided. e. The contract documents do not define a specific the pattern/layout. Therefore, the GMP assumes all tile is installed in a square grid at 90 degrees to wall/Floor lines. Newport Beach Civic Center and Park Project Phase III Guaranteed Maximum Price (GMP) February 4, 201 1 Page 6of9-icr.rvsr. vn ivz 009.6 — Floor Coverings a. Section 096816 —Tile Carpeting: CPT — 4 & CPT -5 are not specified, so CPT -I is assumed at these areas. b. Standard carpet tile to be used to replace all carpet removed during construction of library remodel. Only carpet removed in library as shown on demo plan of library drawings. c. Only Static Control Resilient Flooring per specification section 09 65 36 will be factory installed on access floor panels. All other floor coverings on access flooring will be installed at the jobsite after installation of access floor system. d. CWD excludes special moisture testing beyond what is identified in the contract documents or any special concrete sealers required to mitigate excessive moisture in the building slab on grade. 010.3 — Signage & Graphics a. There is currently no signage shown on the contract documents. Per our discussions with 13Cf, there will be a project signage package developed later in the project. Therefore all signage and graphics are currently excluded from the GMP. O111 — Roller Shades b. In the event of conflict between Architectural details and the Electrical shade plans on E2. 12 and E2.13 regarding quantities of motorized vs. manual shades, the electrical shade pians shall take precedence. c Roller shades are excluded in the clearstory windows of the Civic Center as per the contract documents. d. GMP price includes standard quality blackout fabric only for the blackout shades. 012.2 — Theatrical Seating a. The City and the Architect have indicated a desire that the fixed audience seating in the council chamber be provided with a premium upholstery material in order to assure longevity and wearablity over the life of the facility, however the final material selection was not available prior to completion of the GMP. CWD has therefore included an allowance of $50,000 in the Project Phase III GMP proposal for this material upgrade. 013.1 — Tensioned Fabric Structures a. The GMP includes cost for a double layer of the specified fabric material, with offset radio welded seams in order to mitigate visual seams. 014.1 —Elevators a. GMP includes cost to supply Otis Gen2L elevators. 015.1 — Fire Protection a. The GMP price excludes a rapid reaction fire sprinkler system for IDF, Computer Rooms, Command Center, etc. Id. The GMP price excludes fire sprinklers under all raised floor areas c. The GMP price excludes fire sprinklers at sail feature d. Copper pipe is only included on the second floor of the Civic Center where the pipe is curved to match the radius of the building ceiling and in ceiling areas open to public view. e. Every attempt to match the sprinkler head placement as shown on the architectural plans will be made, however, final sprinkler head count, placement and spacing to be determined by the fire department and local jurisdictional governing entities. Newport [leach Civic Center and Park Project Phase III Guaranteed Maximum Price (GMP) - February 4, 201 1 t J Page 7of9 1.1ee1s1, 1,,. ioe 015.3 — HVAC a. The blowdown tank Indicated in detail 3/M5.04 is assumed to be an old detail that is no longer applicable for this project and therefore, this work is excluded in the GMP. b. The GMP Includes minor rework of existing HVAC system in the library ONLY where the ducts and mechanical equipment in the ceiling conflicts with the temporary construction safety barrier. The drawings do not clearly show how the controls are relocated or connected during construction and therefore, this scope (if required) has been excluded from the GMP. c. The GMP specifically excludes all air testing and balance of both the existing library building and new addition. This work will be re-evaluated, and if necessary, priced once the City receives the retro -commissioning report from their Project Commissioning Agent. 01 6.1 — Electrical a. The GMP includes all specified low voltage scope of work and manufacturers as indicated in the contract documents. b. The GMP excludes utility relocation scope of work at library for existing library main power and for the Civic Center Building. c The project documents do not show any type of book security system in the new library addition. The GMP includes an allowance of $10,000 in the Project Phase III GMP for this scope of work. ase III GMP Proposal Standard E.gdusions: I. Monthly site and office utility usage costs 2. Project night watchman 3. Materials, soils testing and inspection 4. Out of State / Area inspection and premium costs S. Shuttle services for trades and temporary parking costs 6. Unknown subsurface conditions 7. Building permit and plan check fees 8. All utility company, connection fees and usage costs 9. Subsequent construction phases or added scope of work not addressed in this proposal 10. Independent Labor Compliance Consultant 11, Relocation of low voltage fiber optic line along Avocado Avenue 12. Scope changes requested by others 13. Temporary access roads for emergency use vehicles 14. Construction of exterior conduit and piping utility chases not specifically shown on the contract documents. IS. Installation of electrical lines under the slab of the existing library. (Item #27c. of CWD's Phase III GMP Proposal excepted where an allowance has been provided) 16. Temporary Emergency generatot s. associated infrastructure and appurtenances Newport Beach Civic Center and Park Project Phase III Guaranteed Maximum Price (GMP)* - February 4, 2011 g`s, Page 8of9 i.icF�si: neo. inz 17, Cost of providing a Builder's Risk Insurance policy to cover 100% of all work being performed. The City shall obtain, pay for and maintain a policy until CWD has been fully paid including retention. The plicy shall also have an insurance deductible not to exceed $25,000 per occurrence. Please note that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Team. Please feel free to call, should you have any questions. Sincerely, Bruce Curry Project Executive cc: William Hahn, CWD Robert Shafer, CWD Andy Feth, CWD David Edwards, CWD Rimma Gutnik, CWD Attachments Include: • Phase III GMP Summary • Phase III GMP Scope and Pricing Sheets • Phase III GMP Value Engineering Log • Summary of Allowances • List of Phase III — Exhibit "A" Contract Document Listing • Trade Package Summary — Scope Analysis • Summary Project Schedule • Subcontractor Bid Day Submissions (Separate Binder) Newport Beach Civic Center and Park Project Phase III Guaranteed Maximum Price (GMP) February 4, 201 I Page 9 of 9 . r - U F� L ct iu. GW Driver BBHA)l Its 51AOH 1919 PHASE GMP N ewportQgach CivicCenS€atad PS C. W. DRIVER ESTIMATE SUMMARY 02116111 Primed'. 1II Date Prepared: In Estimaee No.: #87101 Square Feet 122,295 Months On -Sae: 25.0 Icdcdes Addenda: WA Foimam. os, ac, rcve Bid package No. Description Set, Description Notes Phase III Project Statistics 2 Allowances 678,475 3 Sustainable Design Requirements In Soft Cosa 4 General Commissioning Requirements By owner 5 Hazardous Materials Mitigation In Solt Costs 6 Survey _ hm 305,230 7 Site Specific Requirements 327,096 e Temp. Barricades & Chain link Fencing 202,681 9 Security In Solt Cos¢ 10 Temp Facilities and Controls 93,1 10 I 1 Construction & Final Clean-up 326,395 12 Tests and Inspection In Solt Cosa 13 Demonstration and training .. h allc:nn-es mz.z D—fitimn 14 Selective Structure Demolition 263,725 15 Construction Waste Management and Disposal 39,124 0026 Finish Grading 16 Site Clearing/Site and Fine Grading 1,349,825 17 Temp Dewatering 51,097 IS Temp Earth Support 81,081 _ 0032 soil Anchors 19 Ground Anchors 554,800 20 Erosion Contras 161,321 002.5 Ac paving 21 Asphalt Concrete Pavement 226,227 22 Striping and Pavement Markings with AC posing 0041 scone vender ana paver: 23 Sand -set Stone Paving With Smne veneer and pavers 24 Mortar -set Precast Concrete Unit Slab Pavers W¢h Smne 25 FRP Structural Shapes !fencing for phase 111- with trades 002.3 sim concrete 26 Concrete Paving - 2,972 443 002.1 see uvllee. 27 Underground Utilities 903,998 28 Natural Gas Distribution with site utilities 29 Storm Drainage Piping phase I and for phase III with sire ainkits 30 Landscape Sub- drainage with landscape 31 Sub- drainage Wkh Underground util¢ies 32 Willow Sculptures Wkh Allowances 33 Site Furnishings 531,826 0024 tzna.cape a Irrigazlon 34 landscape and Irrigation 4,816,892 35 Concrete Reinforcement - Structural with Cast a place cont rete - Struanral 36 Concrete Reinforcing - Civil with Site concrete 003.1 sn­a 37 Case -in-place Concrete - Structural 4,280,568 TBD 38 landscape Cast-implace Concrete Site Walls PAGE 1 V4? Driver lit I I_DIL RS SINCE 1418 PHASE 3 GMP NN Rs6:1.RSdch_Cjh i.CSSIlt2 QdYifgk C. W. DRIVER ESTIMATE S J MM WY 02116111 Ir ed 16-Feb.11 Dave Prepared: 16 -Feb_ I Estimare No.: #87101 Square Pee, 122,295 Months On -Site: 25.0 Includes Addenda: NIA E9drnavor so,."' * No. Bid package Description Seq Description Notes Phase III 41 Mortar -Set Precast Concrete Units wide Stone Veneer and paving 004.1 Ma,00ryaud bda pav<rs 42 Site Concrete Unit Masonry Walls- Landscape, Brick Pavers, Brick Floors 1,236,938 0042 _ scone v<n«r aaa paver, 43 __- Exterior Stone Cladding and Paving 3,626,717 44 Stone Tiling with exterior stone 005.1 45 Structural Steel 8,414,696 005.2 Metal Detk 46 Metal Decking 588,456 005.3 Mbmnaoeou,a ornamental Metal, 47 Metal Fabrications 2,131,648'. 48 Decorative Metal and Glass Railings ^a°=e o=m,<as. 49 Flagpoles wick en meals rsc 099.1 aoa81 C -P-11 50 Rough Carpentry 678,407 006.1 Rovgh carpentry 51 _ Interior Architectural Woodwork doors paneling, privacy partitions 1,964,450 52 Mockup 75,000 K07 wxe.prooMe 53 Water proofing Site Damp proofing) 881,373 007.4 euiming mmlacion 54 Thermal Insulation under slab building Insulation a moved to concrete 271,086 009.1 Drywall, Lath a Plaster 55 Fireproofing with drywall 56 Penetration Firesmpping 38,589 00].3 SM1eet Metal 57 Architectural Metal Flatiock Panels with sheet metal 008.3 coma.. Wall 58 Architectural Metal Panels with curtain wall 59 Concrete Sealer 124,019 0022 aoonn, 60 Polyvinyl-chloride(PVC) Roofing 1,298,305 007.3 sheet Metal 61 Sheet Metal Flashing and Trim 1,173,627 62 Roof Accessories 63 Expansion Control 62,998 6065 skyi.ghte 64 Sloped Glazing Assemblies 115,185 65 joint Sealants 180,871 608.1 Doors, Frame, is Hardware 66 Hollow Metal Doors and Frames Card entry: fire doors 608,295 67 Sound Control Door Assemblies with doors 006.1 Gough <arpenvy 60 Sliding Aluminum -framed Glass Doors with aluminum cumin wall 008.2 o.erhead Coiling Doors 69 Overhead Coiling Grilles 82,654 _..._._ 70 Smoke Guards with allowances 0082 Conoco wan 71 Aluminum -framed Entrances and Storefronts) Glazed Aluminum Curtain Walls 7,310,000 72 Aluminum Windows w¢h curtain wall 0041 Dry,vau, Lam a Plaster 73 Gypsum Board 2,784,963 PAGE 2 C.W.V 1. Driver t4 wport Beach Civic Center and Park lit'I I,DF.RS s!S{: PV 191, PHASE GMP C. W. DRIVER ESTIMATE SUMMARY 02116111 Printed'. II�Feb-ll Date Prepared: 16 -Feb -II Estimate No.: #87101 Square Peeo 122,295 Months 0, Site: 25.0 Includes Addenda: FLA Estlmamr os, Rc, 11va No. Bid package Description Seq Description Notes Phase 111 74 Access Doors & Frames 43,548 009.2 Ceramic Tile 75 Ceramic Tiling 219,340 009.3 gcomt!car eenmg, 76 Acoustical Panel Ceilings and Wood ceilings 2,253,796 0094 Acoustical Wan & coiling Pamel, 77 Stretched Fabric Ceihng Systems 409,669 0095 Floor Coverings 78 Flooring 376,851 009.9 ror.ai:o 79 Resinous Matrix Terrazzo Flooring 13,200 ' 009.6 Access Heads, 80 Access Floor 1,201,823 0097 Pamfint, 81 Painting 675,165 mon Tenet Parenon.& Accenunee 62 Toilet Compartments 85,130 euy. nue 83 Louvers & Vents with shoe, metal 84 Wall and Door Protection 8,587 85 Visual Display Surfaces 18,542 86 Signage with allowances 87 88 Metal Lockers Fire Extinguishers 14,510 71299 89 Projection Screens and Projector Mounts 38,425 90 FF & E with soft costs 011i Fooa service Equipment 91 Food Service Equipment 121,970 — 92 Residential Appliances 21,425 0121 Window Treatnents 93 94 Artwork Roller Window Shades soft lusts and allow antes 181,000 95 Entrance Floor Mats and Frames 28,198 012.2 Theater Seating 96 Fixed Audience Seating 214,360 0131 Tiornmed Fabric Structure, 97 Tensioned Fabric Structures -Sail 314,831 98 Photovoltaic System alternate 99 Material Handling Carts 50,690 014.1 Elevnms 100 Electric Traction Elevators 246,444 015.1 Fare Protection 101 Fire Protection 672,397 0152 Plumbing 102 Plumbing 1,066,251 015.3 HVAC 103 HVAC 7,026,176 016.1 Electrical 104 Electrical 9,626,197 I OS Audiovisual Systems with electrical 106 IT with Elt,mral 107 Electronic Safety And Security with electrical 108 Alternates 109 Photographic Documentation 24,062 # k 110 End Cir Listing ....w o1 e,,,.._. SUBTOTAL. 76,794,080 PAGE 3 Cil Driver lit ILli1.Rs filAQF 14FA PHASE 3 GMP Ne,vg re Beach CM, Center and_Pattk C. W. DRIVER EBTIMATE SUMMARY 02(16111 Pr,—d: Ib�Fab-II Date Prepared: Ib.Pab-n Estivate No.: #87101 Square Feer 122,295 Months 0,S,, 25.0 Incudes Addenda: NIA Estimator t :,— 11— * No. Bid package Description Seq Description Notes Phase III # # III eans[rDmDn condngency 3.00% 2,303,822 # I i 2 Dezign mningenry # # 113 Escalaeion-marke[condiolons tt # Iiq eredm ror pba:e (373,000) fi # 115 Sub Bond. — - ----- # ._— :? 116 Preconsvuaion # # 117 General C—c,, oz (7,169,255) # # # # 119 119 Permiu85pecial lnwr. Data Processing p # 120 oxarca ❑abai[r arra nD[on—ana 031% 556,947 # # 121 on sw Li e "Y l^:Dance- 0.20% by Owner # # 122 o.ernaaa 8 Pae 3.25% 2,558,559 # # 12a Prlme 8—d 065% 531,976 Total Estimate 82,374,384 PAGE 4 ��7 Driver Newnurt Heac C'v'r4ynteru,Park a�.ma. vlsn srlevn ,1Y Newoon Beath CQ c —f 16 -Feb -II ,It H.DF:k.S 4f1C4: 19t0 p8]101 SCQP?'P¢}41t�G SHEETS 021f611 I t6 -Feb -II PAC I " Budgetl# Descriptionl5cope of Work Quanciry Unit Cost/Unit Total * -01 1000 1 P,afecesmtuues i 213,112 100% CD drawings issued on November 4, 2010, Addendal,2 and bulletin I Exclusions and qualifications -under separate cover City Nall Lower, level 11.6530 sqf, Flat Ooor 39,2340 sq(t Second llao 38,7760 zqh Balcony 9600 sqh Bridge 1520 zqh Roof 66285.0 ,it Total halt area io l.ding 112 area of balcony and bridge Community room Flrst floor 4,8600 rqh Second Roo, 2,312.0 sqh Roof 16.4170 zqh Chambers First floor 5,8160 sq@ Slanted roof 6,201.0 sqh Library Lower level 3,4940 sqh First Floor — 9 198 sqh Second Floor 9,1180 ,it Lower Roo( 5.605.0 sqh Upper roof 6,8620 sofa South Park 232,961 0 sgft Central Park 244.008.0 zqh induding wetlands 74.0200 ,it North Park 1441090 sqh Snbmeai for parks 619,0180 sqh AR r�nates - Grand Total Project Statistics * 012100 2Aifawancts PAC I C.W. river CA RIll_ MSR, 41AC t'. 1n1 5 P AN-D-PRpQINQ-SHEET;t 02116111 w—. a16-Feb1ln , 7101 6 -Feb -II PAGE 2 Budget# Description/Scope of Work Quantity Unit CosUUnit Total Owner specified Doors 1.0 each 110,000.00 110,000 Owner speaead Doors 2.0 each 75.00000 150.000 Ownrr 'p—h d Seel Beam penetrsuro, 30.0 each 1,200.00 36.000 Ownev ,permed Touch up paint 1.0 jr,I 10.000.00 10.000 _ ---------- GI 79 00 c1J900 Farllocor lTvaining company 11zum 25,00000 25,000 01 79 00 Insiru<[Or by trades 01 >90o professional Videographer 2400 mnhr 100.00 24,000 31 68 00 Adverse conditions) rack drilling for vie downs 225.0 !n& 91.00 20,475 Additional depth) adverse cordinco, for piles aaandscape badges 1200 Ink 7500 9,000 Willow sculpture designed and installed by Patrick Dougherty. 7 pieces in each sculpture L0 allow 75,00000 75,000 CWDsupport for the willow art inskiincro 10 allow 25,00000 25000 library windows-deglaze.-re-gh ze 10 )sum 134,00000 134,000 Premium Upholstery 1 0 kum 50,00000 50,000 Library Security Sensors 1.0 allow 10.00000 1kow 6]8,4]5 __ AltervlPSYF , s Grand Total Allowances 678,425 + 1818113 3Ss"taieV97datfiaM$q i2ogniofoa In soh cows In soh costs Alp rratgt Grand Total Sustainable Design Requirements • '.0191 13 .txne(alLommissiotilug Requirement, to soft costs v. AA»fte'retti Grand Total General Commissioning Requirements PAGE 2 CC�Z 7 Driver (jg port BeacF Cili, Center and Park a ee uan nae en .W. vL[4ggs C6 16-F,b-11 9I-41,A)FRS'IN"o 1414 k8M1 SCOPE AND PRICING SHEETS 02,16111 6 -Feb -II PAGL 3 w Budget# De ... ytirrdSru, of Work Quantity Unit CostfUnit Total RaTum... M tura{ MIbg9ti0n n soh toss, if required x A1€A15Z Grand Total Hazardous Materials Mitigation ' 01 73 00 b swap Phase 111 Layout for foundation, 300 cwhr 21500 6.450 laro.c bmfmng .er"e, connec"on, to tin, an6cce, loo cwnr 21500 2.150 Provide vertical and horizontal control of building,cr.ccure Provide az-built drawings 400 cwnr I O Isum 2I S 00 5.000 8.600 5.000 Community room .your for foundations 80 cwhr 21500 1.720 Layout budding utllltie, wnnealons m sine utilities 2.0 cwhr 215.00 430 Provide venial and horizontal control of building structure &0 cwhr 215.00 1,720 Provide as -built drawings 10 leu. 1,000 1,000 Chambers layout for foundations 80 cwhr 21500 1,720 layout bold., n6lkles connections to it, ."licit, 2e cwhr 215.00 430 Provide venial and horizontal control of building scroaure 80 cwhr 215.00 1,720 Provide ao-bulh drawings 10 Isum 1.000 1.000 Library Layout [or demotinion Zqo cwhr 215.00 4.300 rayon, for foundation, 400 cwhr 21500 8.600 Layou, building utilities connection, to site utilities 160 cwhr 21500 3.440 Provide vertical and horizontal r.rn.] of builarg,truaure 40 cwhr 21500 860 Provide as -buil, drawings 10 Isum 3,50000 3.500 South Park Layou, limn¢ of work 400 cwhr 21500 8.600 PAGL 3 C.W.DriverNew� el�r�ityr oor[ Beach C& PIILOk Pti ti1SC6; I411, SCOPE AND PRICING SHEET-$ 02116111 >Y, 16 -Feb -11 #87/01 6 -Feb I I PAGE 4 Budge[# DescriptionlSeope of Work Quantity anti Unit CostlUnit Total layout demoGnon 200 cwhr 21500 4,300 Hough grade .king 800 cwhr 2 15 00 17.200 Layout over excavation / engineered fill limi[s 200 cwhr 21500 4,300 Sim unilitiez slaking 1200 cwhr 2I500 25,800 Layou[fine grading 400 cwhr 21500 8,600 Leyoutslre concrete Layout AC paving 220 cwhr 200 cwhr 21500 215.00 4.300 4,300 layout landscaping 200 cwhr 21500 4,300 layout site walls and fencing 40.0 cwhr 21500 8.600 Provide as send, draw,,, LO Isum 4.500.00 4.500 Central Park tayou[ limi[z of work 40.0 cwhr 21500 8,600 Layout aemnrdnn 50 <wnr 21500 1,720 Rough Glzde Braking 400 cwhr 215.00 8.600 Sire utilities staking Layout line rzding 200 cwhr 800 cwhr 21500 21500 4300 7.200 Layoun site walks 300 cwhr 21500 e,450 layout landscaping 400 cwhr 21500 8.600 Layout Bild walls and fencing) bridges/piles 1200 cwhr 215.00 25,000 Provide as -built drawings 10 Isum 3.000.00 3,000 North Park -- Layou[ limits of work — -_— 20.0 cwhr 215 00 4.300 -,,as, demolition 8.0 cwhr 21500 1,720 Rough grade staking 800 cwhr 21500 17.200 Site noloid, staking 4.0 cwhr 21500 860 Layout fine grading 800 cwhr 21500 17,200 layout site concrete 160 cwhr 21500 3,440 I-ayou[ landscaping 400 cwhr 21500 8,600 Layout zine walls and fencing) bridge 800 cwhr 21500 17,200 Provide as-bWh drawings '0 hum 300000 1000 305,230 Aterapte: Grand Total Survey 305.230 +v '-015000 j She SPe[dic Bequkeaseots ---- Phase III Protect .penin, 220 month 634074 29,496 Forklik 220 mnth 2.70000 59,400 Slap loader 220 mneh 2.40000 52,800 Rental equipltods 1 0 Isum 8500.00 8,500 Equipment repair I D Iwm 5.500.00 5.500 Gasoline and oil 22.0 omth I, IN w 24.200 PAGE 4 1.t.T i'LriYLF Newport 13—h C'r< Center and Park "u. v -,"II JJkwpq�;pSk„y[l 16 -'en -11 At'ItDick, IINIJ, 1910 :!8]101 02116111 164,111 PAGE 5 " Budget# Descriptionl5cope of Work Quantity Unit CoAt Unit Total Rumble plate. b Isum 145,000.00 145,000 Remove, clean store. and Insall owner isung teems follows- __ GrySeal 1.0 Iswn 1000.00 1.000 Ory plaques Lo Isom 120400 1.200 It, "on for veer 1.0 moth with landsmpe Ab ,,service.. 90 tenth with landsape 327,096 Al�yt. Grand Total Site Specific Requirements 327,096 '? 01$000 ,`$Yehwp. Sarvsradesm Cht6lbakcvxu2ag:. — Phase 111 Relocane l maintain as needed temp chain link wirb scrim 6.6800 )Aft 2-00-13 360 Library follows Temporary Wn,ades -coeval uld, flaming, gypboerd both sides paint (2 story) 4800 Ink 16500 79.200 Temp barecades outude 240 week 3,111.00 74,664 Dust...... u, at the library 2bMb sgft 4.00 8.000 Temp wood fencing 300,0 Inft 33.00 9,900 IA,.A remove temp filum at the HVAC 1.0 Isum 8.000,00 8.000 Protect new boilers 10 Isum 76500 765 South Park Relocate I maintain as needed rem, chain link with scrim 1,600.0 Ina 1.12 1,792 Central Park Relocate I maintain as needed temp chain link wide sc 1.2540 IAft 1.12 1.400 Additional protection at sensitive areas 3500 Irk 12.00 4200, North Park Relocate I maintain as needed temp chain link with scrim 1.2500 Ink 1,12 1,400 202.681 Aht,rootes Grand Total Temp. Barricades & Chain link Fencing 202,681 * 01 SD 00 9 st'ru''ky by Owner In soft tests PAGE 5 A..YY.Driyer Newnnrt 9eacn 4-"-NenSSL3L4Botrk rw,.Na v.xu Ilb-il NewoorS B£.�A ._>,�� 16 -Feb -II rill Lpli &54[li-!i 19It k87I01 SCOPE ANDPRIC�NQ SHEETS 02/16/11 16 Feb -II NAGE 6 Budged Description Scope of Work Quaneity Unit CoWunit Total Grand Total Security M ?01 so 00 10"romp Parton. and Controls - Phase If Mar/equip protection 10 Isum 12,50000 12.500 Temp utilities hook up 10 Isum _ 40.00000 40.000 _— Library — MainainHVAClnoperationsduringthe 20 mnth modeling 12,55500 25,110 Temp otilities hookup ae the library I.0 Isum v co-ol services I0 Isum 3,500.00 12,00000 3,500 12,000 93,110 9lmrnatas Grand Total Teri Facilities and Controls 93,110 1) kkhaiouckPn&FIA'A Cl..'UP Phase 111 Continuous clean no and support 22.0 mnah 7.39833 162.772 Fnal clean up. dty NO 8000 mnhr 62.15 49,717 Final dean up- community room, 2000 mnhr 62.15 12,429 Final clean up -Chambers 2000 mnhr 62.15 12,429 Final clean no at the library 10 Isum 28,83000 28,830 Gla, clean up 4000 mnnr 62.15 24.859 South Park Final clean up 1020 mnhr 62.15 6,139 Central Park Final clean up 800 mnhr 62.15 4.972 North Park Final clean up 1200.mnhr 62.15 7.458 Parking garage clean up pru.dkally 60 month 1455 00 8.130 Parking garage final clean up 1.0 month 786000 7,860 NAGE 6 C.W. Driver Nl'ILDiiRS SiA, 1, 191, Newnpct earn a e'cs«-oa�93sck Newport Beach CA 02/16/11 16 -Feb -II rolml 16 -Feb -11 PAGG 7 Budge[# Descriptiou/Scope of Work Quantity Unit Cosounit Total 326,395 ase—tee Grand Total Construction & Final Clean -Up 326.395 T ottand in'.vanni Test and inspection, are by owner In soft costs A Grand Total Tests and Inspection 'x ,0179.00 )3 ba,}wnsxeatlpd sna unlnuq Fedllrator /Training company with allownces Inm:uctor with allownces Professional Videogmpher wlth allownces Aft.-.= Grand Total Demonstration and training 4" 02 41 13 14 sataetive structure pamahppn 02 41 in Selective Site Dern. - 0241 19 S I ive 5g.tture Demolition Phase 111 Sub proposal LO /sum 164.00000 164000 Remove k,de,m<co Remove fim,m, back n, on .... e Shore as needed at the clerestory 10 oure 29,750 29,750 Remove ztruau,e at norm included Remove metal HVAC gates 'included D mo ,tone (setting bed from stairs Included Deme portion of the wall included Duction 15 days included In,.11I remove eemp entance mats 1 0 Imm 3.40000 3.400 P,cu,a existing.m-Rres ob., and retmnol 600 muhr 120 7,166 PAGG 7 MC.W.Drive Newpo Bea<M1 c ncr4gS2AQi $ P mm hurl loam . Newport Beach C/a 16-iebll KI 11.11RRG SIAC6 19:n A 7 10 1 02)16/11 6-Peb-II PAGE 8 + eudgetp DescriptionlScope of Work Quantity Unit CortlUnit Total Inventory and Remove furniture by owner Transport to the owner selected location and Smre 400 mn#v 6215 --- 2,486 ---- Transport back, clean reinstall 400 mnhr 6 215 2.486 Waste management 400 each 47500 19,000 StaHold at lairs ------------------ 00 month 42500 3,400 Temporary doors at the 2nd Ooor (or he exit I nsatt/remove 20 each 1,455.00 2,910 ._. Site Clearing Clear and dispose of site vegerztion at I@rar Clear and dispose of concrete at library area _ Remove A C paving at library Remove m0niez to be rOm.tad _ Proteaexisdngutilities and trees as noted _.— 10 Bum L500.00 7.500 Demo of electrical vaults 3.0 each 3.500.00 10.500 Additional Moves to 40 each 2,71100 11,108 263,725 Efegf^_utei Grand Total Selective Structure Demolition 263.725 a '.OI 74 19 IS,comtwat9an tiMxstsA'eager}t�+np?4ai°;77 Phase III &tra labor m mrt through duration of the project 1.6480 mnhr 2374 39.124 39.124 BItCIIlZt€i Grand Total Construction Waste Management and D 39,124 1310000 4,51-clevrkrgestre-ARIOg Griabig" 0241 13 Selective Site Demo 01 5619 Tree protection Phase III Sub contractor proposal 10 Isum 1,286,000 00 1,286,000 Mobiliation Fine grade Wall trim as needed for vnlls at basement 2vel at Phase H Backfill exterior walls only with onsite footing spoils Concrete spoils haul off PAGE 8 MTr Driver New�B C-Js�eS€raaiC4Ch nI., ldn laiaerl . NewporC Beach CA - 16-FeblI RI i1,111 R, $tVC5 11tI1 .11.1 £44PEAr>NQPAISJN_Sa3NE�T5 03116111 I6 -Feb -11 Budget# Descripeion/Snipe of Work Quantity Unit Cost/Unit Total Saw,eeper Library --Site Clearing -_— Clea . pose o ,,oiern a y. and drs f z to ve t library � with demo Clear and dispose of conn ete a, fibrar, area with demo Remove A.C. paving at librxry wtvh demo Remove thdire, p, be relocated with demo Protea .,do, ht, and trees az noted e with demo = Demo of elecvical vaults with demo ---------_— Moves in with demo Place and compact (2') topsoil at, landscape areas Cu[ back for retaining wall, Backfill for the temporary retaining basin 117500 ,it 300 35,250 Backfill exrerm waltz only with onsite footing spoils 3648 cuyd 1600 5.837 Concrete spoils had or —_ Sweet sweeper South Park Grading Grade (or curbs gamer, and Row Ines dated with vehkle paving. Grading for walkway paths Grading of gndaape areas with 2 ft of [opzoil Cut curb grade for "A" curb along proposed walk, Rough grade [o +l -.I 'for pavement and hs,dsape areas Fina grade at ,wales street weeper Backfill hhdeape areas with of topsoil from designated omit, piles Re -grade landscape areas site, mpzoil placement Allow for (5) mabllinrlons Central Park Grading of slopes. Backfill landscape areas with of [opzoil from de,tgnated onsite plies Regrade landscape areas cher placement Import from onsite...soil stockpiles to East Middle park Place and compact (2') from onsite topsoil over East/Wes[ Middle Park Areas Rough grading of slopes and Landscape areas to allow underground contactor to install 'mime Bain PAGE 9 C.W.L}river Mewon eea�s, .�ngra k e—. �d l,a�, NewoortB EA .p— 16 -Feb -II Rt li.lil RF S[ACI: wl9 eanm 02116111 16 -Feb -II PAGE 10 Budget# Descriptionoicepe of Work Quantity Unit CostlUnit Total Cm curb grade (.r "A" cwt along proposed we!ks Rough grade for swales aper sand drains have been installed be .,he,, Original ground processing. Provide cons¢uttion wa,er meter for own w ork Rough grading of walkway paths tl-.I' aher cult, are installed Re -Grading of landscape areas and slopes ,fee, underground has been installed. - Recompact 3' below bosom of footings for pedestrian bridges Import from onsite topsoil stockpiles to East Middle park Street sweeper North Park 1 Rough gad, fcr paced areas along Av.czdo Dr. Rough grace for swales after nand drains have been r steOed by others Original ground processing. Cur curb grade for "A" curb along proposed landsape walks Cutback for reainat, walls (upper vwo walls) Backfill retaining walls with rock per detail "8" walls "B'9'C., 1,199.0 Ich 16 00 19,184 R,,rade all areas after backfill of retaining wails are backfilled /utility been installed Rough gaae for walks after curbs installed. Backfill landscape areas with 6" of topsoil from designated onsite piles Re -grade landscape areas after topsoil placement Street sweeper Touch up grade after backfill of retaining walls re backfilled and installed Move in 20 each 1.77100 3,554 1,349,825 91S£ramsi - Grand Total Site Clearing/Site and Fine Grading 1.349.825 * H Tner9P o—a+..ri Phase III Rend Use pumps and hoses to deencer during rainy season 880 locations 580.65 51,097 PAGE 10 CW Driver` °Ir enter e aLll -D I[NS 5fAC6 t91a SCOPE AND PRICIN�SNFjf— 02116111 nm,aa 16Peb-II .11ol 16 -Feb -ll PAGE 11 * Budget# 0escriptionl5cope of Work Quantity Unit CostlUnit Total 51.09] AAS _ Grand Total Temp Dewatering 51.097 31 SO 10 T$mh £artn SYpjrn�. — Phase It - Ranipz/ Temporary earth support az the 3,003 0 s:k basemen, or the bbtary 27.00 8081 81,081 �hGrnates h 9 Grand Total Temp Earth Support 81.081 % . 31 88 00 ,3p arb8nd Antboss PM1ase 111 Subcontractor proposed L0 hum 531,000,00 531,000 Footing tie down per 13115/S3.02 E.ner,rv, teeing-inzrall about b I day included Spoils removal by grading Additiona4 move for Obrzry 10 Izum 3.500.00 3.500 Prepare he sine for the e,r,e, b 1,0 Izum 4,800 W 4.800 Remediazion of the grade aher,he de back 1,0 leum op",in.r 1 1,000 00 I LOW Central park 24' diamener drilled piers. 20.0 at bridges n above Spoils removal LO Izum 4,500 W 4.SW 554.800 Grand Total Ground Anchors 554e00 • ' 31 25 00 Nd sonten Control PAGE 11 r an Park Driver Li:etR4i$33Lh &A µYILDI:HS V Vf F. 1910 OU16111 .7101 16 -Feb -II PAGE 12 * Budgetli Description/Scope of Work Quantity Unit CostlUnit Total Phaze 111 Maintain and re move gravel bags around yermecer fence ------------ 7,7000 each 300 23,100 Trash and debris guards Ito ea<n 1,28].]5 15.453 -------- Run off control Monthly visits — 12,0 month 180 month 3,]]7,00 228.11 45324 4,106 __. Library Maintain and remove gravel bags around penmeur fence 1,2000 each 300 3,600 Run off control 9.0 month 1.259.00 11,331 Trash and debris guards 3 0 each 1,287,75 3,863 Monthly visits 90 month 228.11 2,053 South Park ma.unsin and.-emoveg evd begs In -con" I per meter fence 200D aac` 3,00 Run off control 90 month 1,259.00 11,331 _... Monthly visiss 3O month 228.11 684 Prorea sensinve area 210 month 664.04 13.945 Central Park Malnmin and remove gravel bags around perimeter fence 5000 each 300 1,500 Run o@control 90 month 1,259.00 11,331 Monthly vista 30 month 228.11 684 North Park Maintain and remove gravel bags around penmeter fence 2000 each 2.00 400 Run of control 90 month 1,259.00 1 331 Monthly vista 30 month 228.11 684 161,321 ..... A reroutes ' . Grand Total Erosion Control 161,321 't `32 12 16 �� Aahalf nnret¢Pgeei Phase 111 Subcontnaor proposal C Iwm 199.919.00 199,919 Vehkuiar asphah paving Base Tack coat PAGE 12 CNV Driver aearn c.ceenper_sae_psy `*-" ` " t 1 V e NE_Dsrt aeacn CA w"tea vl6-Febnl IY .1 il.Ol:R4 115Cftali, e81I01 16 -Feb -II PAGE 13 * Budgetit DescriptioNScope of Work Quantity Unit Cost/Unit Total Recycled TraBm controlac Avacodo and McArthur 2.0 weeks ].IMM 2200 Pa¢h at the uJ6nes 3,4940 sqh 2.00 24,108 226.22] Alti nog, Grand Total Asphalt Concrete Paver 226222 s 321723 is Striping wkdhvonent Marklogs Garage ,,,plug ix included in garage pricing - Phase Ill with AC paving 10' Wlde pedezvrtan crosing 3'-2" x IB" While pedestrian bars, A-4" on nter — - _.._ 4 Whim bash striping for salkways and ADA parking- assvmed 6" White lane stripe Lane arrow, Parking lot ....ping Red <urb- Sign no snipping fire lane [2'solid white z[riping 4" blue n in, at 36' oc and peh nster outline for walkways & ADA parking 4" double yellow wiping IT xnrd white lane nape Crosswalk Strip (12" x 8") Handicap "Parking Only" and "Yan Accezz.UR' sign Handicap pavement marking Special Accessible Passenger Loading Zone * glternoS43 Grand Total Striping and Pavement 332 14 10 23 5a(ld-not Stele Paving 33 14 3.16 Morta et Precast Concrete Unit Slab Paver. PAGE 13 C At Driver "Aw>:on d P Newport Beach CA it 1,01 NS 11A,It Int" SCOPE AND EB&INy_S_tjEETS 03116111 "re, a�d11 .arern I--I6-Feb l i rs>ml I6 Feb -II PAGE, Li * Budget# __ DezcriptionfSmpe of Work Quantity it UnCozNUnit Total Alternates Grand Total Sand -set Stone Paving * '.32 14 13.16 24 Mortar-eet Prneast contracts Unit Stab Perere - _ _ with Scone Aimrnams 17 Grand Total Mortar -set Precast Co. * , 32 13 00 2,6 GolxsretaYa+3ng 031001 Castin-piace Concrete - Civil s applies 03 31 00 Concrete Formwork 32 11 21 Aggregate Base 032001 Concrete Reinforcing - Civil Phase III ---_ Subtract raaorproposit to Isrm 2957,13GN 2,95].130. South Park Fine gade install l remove rumble places Moc pads-, site furnishings, transforme Fiber secondary reinforcement At stone cobble paving 9" concrete sub slab of 4 Ill" thick aggregate on,, o/ sub grade soil 4 1a" thick aggregate base 16" chick is I'-6' tall curb _ Smooch dowels at IE" OC at curb 2 and trench drain Trench drain enczsement At brick paving concrete sub slab 4 1/2" thick aggregate base _ Depress concrete sub slab along planting area for FRP retention angle At basalt sfour pavers: S" concrete sub slab 4 IR" thick aggregate base Slip sheet Paver concrete no slab saw cut control lana PAGE, Li C.W. Driver — de N B h CA ftl'16DIiR, SfVfj, 19ro SCOP- +AND PRICING SHEETS 02/16/11 I.— Y:N:I ilsaI I,.— 16 -Feb -II sane[ 16 -Feb -II PAGE 15 Budget# Descripeionl5cope o(Work Quantity Unit CostfUnft Total Paver concrete sub slab expansion join[ ..,h dowels _ Expansion lolnt fill maceml per 3/Lt 3.02 Extorsion joint sealant and bond breaker per Pedeurian concrete paving 4 IR" drtdeaggrega. base Overex and moisture condition 8" below aggregate base Pedestrian concrete paving - ramps near Lpre, entrance 5"thick reinforced mncrer, with #3 r,bar I8' OCEW poured on top of 6' chick compacted agg base 24' thick concrete sub slab for none sea[ web I8' [hick concrete root barrier wall, 6'-P' high Concrete curb gutter Concrete curb I'-6" high battered source header at flexible paving Concrete stepped mb hb beneath precast treads at Monumental Stairs per L1001 _ Con ... ea,air tread, a[ Park Stairs 45, 46. R7. #8: .tied groove, to be stained with LM Sco6etd LI[hochrome Cher in CS -I Black per 3/109,03 Handrail post tootingx Concrete handicap curb ramp Detectable warning tiles at handicap ramp Concrete maintenance ,[rip - protect finished product LO /sum 2.757.00 2,757 Footings for: light poles bollard light Bctlard pipe Trench drains 03 33 13 Pedestrian concrete paving mockup 03 33 13 Mockup of Stair 92 concrete .it and check .all 03 33 13 Concrete landscape all 04 22 23 Concrete steps for Monumental stair mockup 044213 Footings for 8-0 long wall end mock, 80 Inft 337,00 2.696 OS 7000 Footings for decorative metal mockups (TBD) 1,0 /sum 760.35 760 05 73 00 Forerun, for mockups for each form and finish of decorative metal railing I O /sum _ 2.281.05 2,281 06 15 35 Footings for 10 x 10 bridge mockup 1 0 /sum 5.06900 5,M9 Dem. mock up 1.0 /sum 1750.00 1.750 Rebar Central Park M,,, pad, site fomdhingz. oareforme, PAGE 15 C. 1 1 1 �Y V1 N. et Beath ere Center and F3tk R,d 11"1 ".I Newoort Beach CA .. 16 -Feb -II 91 li hi al 1111.t I'll .7101 SCOPE AND PRICING SHEEU ,2116111 16 -Feb P I * BudgeHt Dezcriptionl5cope of Work Quantiey Unit Cost/unit Total Pedestrian concrete paving --- __ Concrete stair treads at Park Srairs 93, 44; tooled grooves w be stained with LM Scofield @hochrome Chemztsin CSI Black per 31109 03 Handrail post footings Retaining wall at sensitive area -per L9.03a and -102- Milk handreile- 2 sides I'-6" high baaered concrete header it eexihe paving _ Bollards North Park Fine grade Ireali l re oble plates Mine had, an mfurnishings, transformers Pedestrian concrete paving 4 Il2" thick aggregate base Cwence and moisture condition F below aggregate base Expansion join, fill material Es,,hricas to.,obilant and bond breaker Expansion joint smooth dowels Saw cot joint —_— I'-6" high battered concrete header at (texible paving Concrete stair treads at Park Stairs # I, #2; holed grooves to be stained with LM Scofield Lahochrome Chemstain CS -I Black Handrail post footings Bollards pedestrian paving smooth dowels a _ I"exposed pedestrian paving edge along plandngareaz Deterred, warning tiles at handicap ramp Concrete curb Detectable warning tiles at handicap one, lande., concrete - site walls South Park _ Park Stair #5 Access ramp walls ---�� --- Footings 6" wall, assume avg heighr is 1' 6" firt tap of footing to WE of wall 2'-C x 1' 6" CMU in footing Backfill Seawalls (under Stone#kk-veneer ) Footing I'.8" thick concrete will Nick San' #6 Footings PACE 16 Driver�I_yggt—Beach Cm, Cen andP� cn�.af. L�euiiaeen Newport BeachCA m=2a I6 -Feb -II erlLOER, SIYC:fi .11.1 SCOPE AND,PRIO JSaj}jBE 16 -Feb -II PAGE 17 " Budgetp pescriptioni5cope of Work Quantify Unit CosWnit Total Wail assume avg heigb[ Iz 2'-0" from top of (wring m top of wall Park Stan #] (west side of Phase III) Footings PanicStar EB (wes¢ide o(Fhase III) Footings Central Park Park Stair #3 Park Stair #4 North Park Subcontractor proposal was in mass ex -to be 140,26500 CadTed Dog park fence looting Seat wail adjacent to Willow Sculpture 41, 16` h x 8' wide per Clarification # .OI O Fork Stair # I Park Stair#2 Solid rod FRP bar, spacedapart and set o a coror.us footing Concrete footing Drain channels Rebar Fiber secondary reinforcement in walk Fber secondary reinforcement in slabs 2,9I2,"A I m Grand Total Concrete Paving 29n.443 0333 13 '38 JAaadoape&`aitao-P!aetGcnuetnSliL itj'xlli^. Site Retaining walls WWI concret Formwork Material at Exposed Surfaces- Smooth metal. resin.coated plywood, or high densiry overlay plywood which will provide ' ul[a smooch sur(arn Retaining Wali, Winter Beige Medium sand- blast Stairs & Cheek walls Winter Beige Medium sand -blast Pedestrian Paving Winter Beige Medium sand- blast Headers Winter Beige MedWm sand -blast Footings No Color Form finish & tight broom top Bridge Abutments Winter Beige Medium sand- blast Desert Garden Path Charcoal Grey Acid etch finish PAGE 17 C.W. DriverNe_ y428e➢Sh Ci _C te. and Park a d, ,,tan NgR B h CA m=me. 16 -Feb ll Nl il_fl 1_..111\1;t. lIl9 eA]I01 02116/11 6 -Fee, I [ Budget# Description/Scope of Work Quantity Unit CosUUnit Total Dog Park Fence Footing Werner Beige Medium and East Slairx with site concrete Retaining wall, type A (east of surface parking lot) Footing (£'thick wall, assume avg helgbt is 10'-0" from net of footing m top of wall Finish on exposed tide color I sandblast Retaining walls at new retention basin at the library at gabions footings at retaining wails at new retention Latin at the tibran, Site wan so„th of Cowtd Chamber Footing Wall, assume avg height is 4'-0" from top of footing to top of wall Finish on exposed side color l sandblast Retaining wall, type A (ease of surface parking 'u'epk e) Footing 12" thick wall, assume avg height is 10'-0" from top of footing to cop of wall Finish on exposed side colo-handbla" Retaining wall west of loading dock Footing Wall, assume avg height is 15'-0" tram rop of footing no cop of wall Backfill --- ---- Finish on exposed side color / sandblast Residing wan east of loading dock Footing Wall, assume avg height is IS' -0" from cop of footing to top of wall Backfill ac wails Hash on exposed side color / sandblast Central Park Retain, wall at srrn mw, area North Park ------- Retaining wall rypeA(earn of pedeso-ian walk and we,, of dog park) Footing --- Wall, assume avg height iz R' -o" kom on of footing to top of wall Finish on exposed side sandblast /color NSxwatra PAGE 18 CNV l.11 ivl/r Newport beach Civic Centeranitl Park 1-1 v,dli �ilavn NxwR4245Aih,SA Ib-Febll R II:UERo SIIr K Iain D7 101 5C_Of E-A ND PRTCINy3HEET_5 0]116111 Ib feb-II PAGE 19 Budget# Descriptionl5cope of Work Quantity Unit CosOUnit Tonal Grand Total Landscape Cast -in-place A :33 11 00 p Undergrunnd UeLties a, applies 31 73 33 Trenching and Baeslin. g 33 31 00 Sanitary Utility Sewerage Piping 33 39 13 Sanitary Utility Sewerage Marione, Frames and Coven — Phase In Subcontract or proposal 10 Isum 850,551.00 850,551 Saw we remove replace AC at the street --- Tralfc eonnrol Street Ironing Water Domestic water 3' Domestic team, backflow prevenoo Domestic water meter - Dornacc, fr and wndent.t ewmi PO'- OC3" 3'Domestic water meter 4' Domestic water ba<k0ow mlvmi Thrust blocks Testing, chipuri,umn Precazv culvert and detector check IO Bum 53.447,00 53.447 Fire Water 8" Fire water double check backflow pre eneion Hydant 8" Fire water -connect to garage fire water POC Fire water - 8" 8" Wrom, rncelAvoado Avenue Thrust blocks Testing, thren Maaobn Sewer Connect or existing deanom Sanitary cleanout Son.,se Connect to existing SS manhole SS manhole C Sewer at Avocado Drop SSMH to grade Cornec ,eebr, SMH at Avocado m SS POC Saddle existing sewer 4" Sanitary sewer POC Testing U,rre the pipe to handle the on off From the detention basin ( avocado) not mduded PAGE 19 CNV Driver arkrt4e93eran P NN ,ha�A It, it M:RS SFSCE 111+ WD—PE—AND PRICING SHEETS 02JxIl I r,,, 016-Fe6-11 zanoi 16 -Feb -11 PAGE 20 * Budget# _ _— Description/Scope of Work Quantity Unit CosHUnit Total 903.998 Attempt. Grand Total Underground Utilities 903.998 a 33 51 00 36 Natural Gax EHsaY4uNao . . ---- ----- s applies 31 23 33 Trenching and Backfilling --- with site utTfies C Gas line --- Gas POC — __ Gas refer and regulator) seismic valve Connect to building Connect to existing gas line * Alternate; Grand Total Natural Gas Distributio * 334100 .gyp st4[nq Tarhfriage Niping s applies 03 30 01 Cazt-implue Concrete Civil s applies 31 23 33 Trenching and Backfilling 33 44 19 Utility Storm Water Treatment 33 49 13 Storm Drainage Manholes, Frames and C—— with site utilities South Park 24' Storm drain I8" Storm drain — 12" Storm drain 8" Storm drain 6" Storm chin 4` Storm Drain _ Storm drain man hole Catch Basin Headwall Rainwater leader Storm timpan structure (STD.3I O -G Storm drain man hole 8, weir Connect to existing trench drain 36" x 24" Concrete box culvert PAGE 20 CWDiIV�C New ,B-1,C'vcCenterandPark muu!2tepn . Newport Beach CA 16 -Feb -II III.I I.o I; Nw SIucC laly eR>ml SCOPE AND PRICING SHEET$ 02116/11 6 -Feb -II Budget# Description(Scope of Work Quantity Unit Cost/Unit Total Count, ro exining norm drain man hole - adjust as needed Area drain in paving S" diameter, foram 5A renes satin bronze fin IC0905 Connect SO inlet to (E) SO Connea m (E) SO SD clean out SD curb inlet 6" Storm drain - connect co garage – Storm dain-4" connect SO verdcat bend and deanou[ Thrust blocks Connea co new 18" SO Connect to Existing Curb Inlet Central Park 18" Storm drain — Ir Sterni dain 8" Storm drain 6'. Storm drain 4" Storm drain - Area drain -- Inlet Curb cut SO point of mnneaton in (E) SO clean out SO vertical bend and cleanout Trench drain type A Headwall outlet Storm curb Ince[ (STD -305-L) Catch basin in planting, 2min cover ryp. North Park 12" Storm drain B" Storm drain 6" Storm drain Storm drain wye Curb at Storm drain man hole & weir structure Headwall outlet Connect to existing SDMH SO clean out SO vertical bend and cteaoon, SD inlet Area drain Catch basin In planting. 2' min cover ryp. 4" Storm Dam Storm drain manhole B2 Storm curb inlet (STD -305-L) Swale atrium dain Storm junction structure (STD -310-L) PACE 21 GNVDriver 81lfAll R, IIILF I'll, NewvoK Beach Cb'< C..u,r dP_ad( Newport Beach CA v 16 -Feb -II asnm PAGE 22 02116/I I 16-Febl I ° Budget# Descript onlScope of Work Quantity Unit Cp'Ut.hi t Total AIter^otcs Grand Total Storm Drainage Piping se 7334119 30L dstapeSub- drainage Wi,h lands,,, pacbge 2.5 w,,h hndrape South Park 6' perforated PVC pipe A Perforated sub drain 'WG, gravel sub drain Gravel Detention buns Central Park C Perkimed PVC pipe Drain clean-out - Area drain Tit into civil storm drain Treatment wale a' Perforated sub drain at Swale I' Wlde gravel sub drain Swales North Park -----------_—�- — 6" Perforated PVC pipe Drain den -out Area drat n _- Tie into civil storm drain Swale 8" Perforated sub drain at awale ['Wide gravel sub drain Gravel sub drain Detenbou basin r Aft Grand Total Landscape Sub-drainag a' 33 46 00 31 S.b-drakiaya PAGE 22 M. Driver sl 11.01:u, 1111.E tale, by woorc Beam Civic center and Park rir�ss�each��A c211 an 1 a„� mn��aram rro,me. 16 -Feb -II anal 16 -Feb -II PAGE 23 BudgetiI Descriptionl5mpe of Work Quantity Unit costiunit Total Rlmrnams Grand Total Sub- drainage '= 0661 00 25 FRP Snuctueal6nap¢ yeoemg Phase 111 with site concrete AI�Ot, — Grand Total FRP Structural Shapes *' -;=12 93 00 '32. wB uw toalptyre Wlllow sculpture designed and installed by 0 Patrick Douyherty.7 pieces in each sculpture allownace Aft £rn➢-t4; Grand Total Willow Sculptures 12 93 00 33 Siteliboollbal, Phase 111 Cale abi” with brdsape Cafe chairs with landscape 12,9]].0 Picnic table, and benches: cmtom fabn,,,,d 0 Isum ,able and bench Ipe 12 977,00 129]] 1977 0 Accessible Round Ipe Picnic table and bench LO Isum 11,9 7W 13.977 10665.0 Steel stosture at Picnic tables and bencher 30 Isum custom bbricated oble and bench dpi, 3,55500 1066S Trzsb receptacles: Ironslres series model S42 15.0 each vdth standard lid, Do,td, coated finish, VS bronze In colo, aed with 3 In -Ilse anchor hole morn, From Victor Stanley 873.90 13,108 PAGE 23 CA Driver Ii IfLOP: H94I lT:F sole New,, t9eack mdk Center and Park Naw-FvtY�Ca6h�L2 v�.�a llxun ins vn m 16 -Feb -II .7101 16-FeYI 1 PACE 24 Budget# Decesiptio bSeepe of Work Quantity Unit Cost/Unit Total Recycling receptacles Ironsites series model 50 each 1,068.55 5343 S42 with roi package lid, powder coated Finish VS bronze In colo, and with 3 in-0ne anchor hole mount From Viaor Hanley Add rer o-eignt tazn and re<y<rng re<epare, 1 0 15.,m I,ou.ao 1,014 -----—lostallation ISO 6, ---248 3.726 DeOvery to the lob fine from port 10 Isom 3,345.54 3,346 Tree g.m 30 each with mis meals Large Concrete race,sculpture from with landscape Cemrock, 8a1I, Integral color white concrete with glazed/painted eyes and nose Boulder circle - whol,ed from site with landscape Central Park Picnic tablet: cusrom hbriated table Ipe 50 I'um 12,97]00 64885 Steel for Picnic tables: custom fabricated 50 Isum 3,55500 17.775 table Ipe Back to back bench.lpe seat board inl IR" 1.0 each 9.750 9,750 wide spacing Concrete cotton tailed rabbit cusrom Isom with landscape designed R long x 3' wide x 17" all rabbits. 5 dhkreot sculptured forms. 3 of each form and leach 8'rabblt, as available tram Cemrock Undrapes, Inc Fused, AZ (520) 571-1888, www.cemT' m o<kco Trash receptacles: Ironsites tents model S42 87390 with standard lid, powder coated finish. VS bronze in color, and with 3 in-line anchor hole mount From Victor Stanley Recycling receptacles: Ironsites series model 100 each 1,068.55 10,685 S42with recycle package lid, powder coated foists VS bronze In color, and with 3 in-line anchor hole mount, From Victor Stanley Delivery To the job site from on 1.0 Isum 3.345.54 3346 Single bench 120 earl 4.18500 50.220 Serpentine Cusmen Cut Ipe Picnic Table 05 - 1020 Inft 84277 85,963 3' wide table, 1' 4" wide benches on each side. 1W joint between boards Accessible Round Ipe Picnic table and bench LO each 13,97200 13,977 8irdbl Bndg. benches 20 each 3,555.00 7,110 North Park Picnic Tables and benches: Ipe 50 each 13,97200 69,885 Single withh-IPe 30 each 4,185.00 42555 Trash receptacles: Ironsites series model S42 3 0 each 873,90 2.622 with standard lid, powder coated finish, VS bronze in color, and with 3 in-line anchor hole moms From Viaor Stanley Recycling receptacles: Ironsites series model 3.0 each 1,060 SS 3,206 S42 with recycle package lid, powder mated finish VS bronze to calor, and with 3 in-line anchor hole mount. From Vicmt Sack, Delivery to the job ,It from port 1.0 Isurd 3,345.54 3,346 Installation m 200 nhr 248.38 4,968 Tree gate 3 0 each with steel PACE 24 W.DriveCe d k �_p9rs.&4.Af�6 RL (f.Dli&5 SIAt:E 191a SCOPE AND PRICING SHEETS GVWI I Pnnrts. Liu1112:a Ply m Ib -Feb -II penal 16 -Feb I I PACE 25 * Budget# Descriptionl5cope o(Work Quantity Unit CozUUnit Total Dog park trash receptacle 10 ea 873,90 1.748 Back-tobackbmchez 1pe 70 ea 6,34028 4,382 Accessible Round I, Picnic of, and bench per 1.2003 1.0 ea Installation of benches and tables 1 0 ea 6F25000 61.250 531,826 x f�atGt Grand Total Site Furnishings 531.826 PACE 25 GWDriver tisw�sash c.lr tester aria Mali Nf�+'Rpr3i III 1.Dh'R9 ll AlA 1919 SCOPE AND PRICING SHEETS 62116/11 en9.Ra 616 �FebII Milli, 16 -Feb -ll Budget# DescriptionlScope of Work Quantity Unit Costlunit Total Tree irrigation bubbler Controller assembly provide 120 VAC Planting per plans Existing city palms and tyrants to be transplanted temporarily convinarired and replan ed in p oposed landslip, cyurym Plastic Root barrier Magnolia trees subject w nenift iim, Torrey pine -IS gal container subject to avai16111ty Torrey pine - 36" box subject vo ave1lb a, Sodded lawn _ Aggregate Mulch Aggregate mulch not adjacent to landscaping( at parking garage 3,1500 sgft with landscape Agg,c,. mulch not adjacent to landscaping( at stone walls ) drain channels 4,165.5 sgft 5.50 22,910 &obamer 7.315.5 sqft 2,03 14,833 Wood chip mulch 3" [Pock wood chip mulch at tree walls Aeel header at wood chip mulch Stabilized aggregate paving mockup. 30-0 x 1I- 0 x 3" depth, including concrete / wood headers Mock-up areas of backfill mix at the specified depths and apply in'igetion to induce settlement Mock-up areas of soil mixes ac the specified depths and apply Irrigation ro Induce settlement _ kmemral planting soil mix mockup, (2) 10-0 x 15-0 x 6" lips Tree staking mockup Root ball anchor system mockup Boulder, Gravel mulch at piandng areas 2" depth over biobamer K9 grass - a,ofiaio turf by Forever lawn; Albuquerque. NM (505) 217-0177 w(or erlawaco ww ev m Crew of people to do fine grade per spec 2400 ,on, 47.00 11,280 -Year malncen m, 2000 PACE 2b Total 4,816,892 and Irrigatio 4,816,852 L..,i. Y Y. Driver Nasb-c i.ic c ss€ca^« Ng � h Bc. u.n 1'. ks sl�cP, Iola £QQPE AND PMtNGSHEET¢ 02116111 n„*d. meo ane w. a�n Ib -Feb -II W7101 I6 -Feb 11 PAGE 27 * Budget# Descriptionl5cope of Work Quantity Unit Costfunit Total NOT Epoxy mated with Concrete * — - A ., Grand Total Concrete Reinforeemen 'y 03 20 Ol 1736 CDnetstW,'einfersirigri „ With site concrete Alts tale= .c•: .+- �rt Grand Total Concrete Reinforcing - t s 03 30 00 3T: 6?t-7mN.aee acrs#e.Biw+mtuial Bid Package 003.1 Structural Concrete and Rebar 1 0 Isum 4,212,39700 4,212,397 Phase In Pre-wiii-ate soil _ Poolings, gr,de beams Below grade column steel ennnement 1'-6" co 6'-6" high Dry pack cobmn base plates Block and grout footing ile down block wt El,.,., pit Below grade mechanical trench walls Slab on grade 4" Aggregate base 4" Concrete ramp slab NII on mesal deck Concrete ramp walls EPS NII e ramps Colored concrete curb ai perimeter Colored Archiet,wrel exposed concrete - building walls Encased perimeter steel beam Light weight concrete on metal deck Temporary stairs. ladders Rebar protection Shore metal deck as required PAGE 27 C.W. Driver Ne_s rt e `=nte. Newp e h CA RC ILDERS 61SCh "'i" SGQ-E.ANDPRICINy HEET OV 16111 a 16 -Feb -41 .7101 15 -Feb -II PAGE 28 BudgeHt Descriptiont8cope of Work Quantity Unit C. unit Total Curbs at restroom, _ Restroom slab depressions 2" Topping slab at ramps for stone Concrete step, on neral deck Equipment pad Curb at piping per elambing detail, 25.0 each 22500 5.625 Embed, (or CIP Mockup Mie, trencMng fonneehanical work _ Mockup to demonstrate typical formwork joints, and proposed surface finish, texture, and color Mockups to demonstrate typical joints. surface finish, texture, tolerances, and standard of workmanship. Footings for mockup of AESS anemblies Id each 3.649 68 3 ASO 100 Sqk wall for waterproofing mockup 1000 sq@ R.17 1212 Footing for metal faced composite water- spray tea assembly 10 each 1,82484 1.825 Footing (or glazing mockups 40 each 50000 2,000 Demo the mock ups 10 hum 75000 750 Community Room See scope above Concrete topping at others fioor for brick nnnnng -- - —_ _ steel mesh atc oncrete at double slab 4.000.0 "It"It400 16.000 Chambers See cope above Suspended slab under seating Concrete walls under suspended slab Library See scope above Grout at zein is joint Wetland bridge Abutment wall footing Add to form abutment structure Add to form abutment seat Foam fill in abutmene structure F slab above foam fill 2" grout between steel and concrete abutment — - — Deck bridge Abutment seat Add to form abutment structure Add m form abutment seat Bird blind Bridge Abutment structure _ �— Add to form abutment,ttucmre Add to form abutment seat foam fill in abutment structure S" Slab above foam infill PAGE 28 �11, ol � e Driver N Beat C C y�PaW e� 16-F,b-I I Newoort 843511r$Q Ib -Fetid HLIId]6:N� Vi>t.F 191v 11971n1 jyOPE AN PRI I GSHEET_� 01,16111 16 -Feb -II PAGE 29 Budget# Descriptionl5cope of Work Quaneiry Unit CmOurr Total 2" grout between steel and concrete abutment 10 x to bridge mockup IO Isum 3],10508 3].103 4290.568 ASI grgg� Grand Total Cast -in-place Concrete 4,280.568 a 0337 13 Mass 6 x A4ismstu s` - Grand Total Shotcrete Garage - design built Phase 11 Ak mot z Grand Total Garage a 04 22 23 '' i'torUrsetyaeasR€`erpc7e}a 4b}t:: .,. , . . Phase III Community room Supply and install cast stone .in treads Cam stone landing Library 32 14 13.15 Mortar -Set Stone Pavers 32 14 3.16 Mnrtaraet Prsaasa Conoere Unit Slab with stone Pavers Cobblestone paving ares cobblestone pavers over money setting bed 8a:alt stone raving. Paver retention plate at stone bench at civic alder- Stone pavers at Library plass Sealer _ Geotech barrier 32 1400 20-0 e 10-0 cobblestone mockup 20-0x 10-0suone mockup PAGE 29 Cs 1 P. Drive Nem ;eF Civic f�elite R�Park of IlAlfR, SING[, I'll l S_ P _AND. PRI$jN��F, T� 02116111 r—w t111, 16-Feb-Iv e8]101 6-Pedl I Budget# PAGE 30 Description/Scope o(Work Quantity Unit eosHUnit Total Cast scone treads, risers, and landings on ...ting bed on 31 I6" meal pans (bottom 18 meads and risers on (E) concrete stepped slab, no, real pan) per R601 762 soft South Park Monumental stairs . precast concrete with anchor pins, stone inlay, sealant It backer rod. and expansion joint 811 al eral at each creed, over mora, setting bed with mesh fabric reinforcement and drain mat all over trete sub slab and compacted subgra Monumental lair mockup per X 22 23 fliltLnPtc;•_ Grand Total Mortar -Set Precast Con �` " .'0423 A1U �j Ski GbtlkFRta}Yp![ilYmP1'fW#,5�4.�@NilgtaF¢$NPk PyYeyYa$i{kk Flono # 32 14 00 Sand -set Brick Paving Phase III Subcontractor proposal LO Izum 1,190,33000 1.190.330 Tile I brick flooring - Belden Brrck Company "Tumbleweed".4".8' x 2 114" 321400 8-0.8-0 brick paving mockup 640 soft 6500 4,160 Prepare tib,oa. 233].0 soft 2.53 5.923 Mockup of brick flooring I.0 allw included Protea with lumber until final completion 2,400.0 sgft 1.00 2.400 Chambers South Park CMU sign wall I - 3' rill with control joint at 18.5' CMU sign wall 2 - T-6' all with control loin,. every 20' Brick paving sand set brick pavers laid oa edge over I" cement stabilized sand setting bed over 5" reinforced concrete sub slab on top of 12" thick compacted agg base. Edge of paver areas restrained by 6" x 6".318" FRP angle bolted to sub slab at ail ed Add for PRP angles at all loatio® 2,3630 loft 12.00 28.356 Geotecb barrier 23076.0 sgft 025 5 76 1,236938 Ah� PAGE 30 (--� .Drivef "evu"o""'Centerander F4A'a!{`!lY(� LL N rtl9egrR t eelsh,_Q1h Nnll.11 ltRS StACIt IVr+ SCOPAND PRICING_ HEE 02116/11 a"".e vrun rve eM nm=aa 16-Febll uenm PAGE 31 ' Budget# DescriptionlScope of Work Quantity Unit CostlVnit Total Grand Total Site Concrete Unit Mas, 1.236,938 044200 43 @zeenwr stone Claddingawtl Pavmg 04 42 13 Site Stone Veneer Walls Phase III Community room Subcontractor proposal 10 Isum 3.603.49000 3,603490 Scone veneer ___ Smne veneer at weir F Stone m be sealed Smne coping at the stone wall 8-0 long wall end mockup per 04 42 13 .Independent testing for hollow rtonez 10 Isum 12,00000 I4000 Protect with (umber until final completion 0 Isum 1,500.00 2,500 Stone rile I In elevators 96.0 aqh 38.82 3,727 Chambers Scene veneer Rouoen, Stone veneer coping Sive wall Add for one mockup per specs Add for anchor testing Flexural strength test (3) Add for uructural stone olculations Add for samples per specification: -attic stock (6) 24" x 48" x 2" _ (3) 12" x 36" x 36" Scene to be sealed Add for saHdding Stone coping at the stone wall Library Cast cone treads, risen, and landings on ,ter, bed on 3116" metal pans (bom n to treads and risen on (E) concrete uepped Mab. not enetel pan) South Park French Gmesmne seat wail veneer (bench) over 2" mortar rype M of 1Inck concrete sub slab with drain on,, o/ subgrade soil Since veneer at Sign Wall 1 Stone veneer at Sign Wall 2 Cap scones at sign who Stone to be sealed .�— Sone veneer, at Council Chambers wall Supply and in,rall cast stones reads Cast stone landing PAGE 31 Wjj, TDri{.�� S3—@35h Clic Centerand Park . !I Ns B M1 CA RIII.DBN.A SI,rI 1910 Si AND PRICING SHEET$ 02116111 4.sa. vl Iter- 11 ,®1101 16 -Feb -1l PAC! IS 32 " Budget# Descrip6onlScope of Work Quantity Unit CostlUnit Total 3,626.]1] Alpen.,i� Grand Total exterior Stone Claddii 3,626,117 1.09 3033 44sdmlns AI -9 Phase III with stone Tie I - Stone pattern 1 - 12" x 30" x 314" - AG&M Chinese Bazalt Tile I - Stone pattern 2 - 4" x 12" x 19132' - AG&M Chinese Basalt Tile I - Stone pattern 2 - 4' x 12" x 19132" - AG&M Chlnese Seek stairs @ Phase III stairs Anti fracture membrane Prepare substrate Mockup of one Moor rile Library, Tile I - Stone pattern 2 - 4" x IT x 19132" - AG&M Chinese Basalt Tile I - Stone pattern 2 - 4" x 12" x 19/32" - AG&M Chlnese Basalt stain @ library stairs Anti fracture noorb.no " Alt neat. s .:..: Grand Total Stone Tiling * l05 12 00 45 Seesi'cmrat Sense} os 12 so Buckling Resunmed Braces 05 51 00 Metal Stain SubmnIn" orproposai LO Isum 0.142131 8,142.131 Extra time for Iran 1 0 Isom 21.00000 21,000 Phase III Shop drawings) calculationsl coordination. BIM 0 Isum 69.95220 69,952 Buckling restrained braces (8116) Field Detailing of AESS UND ri 01.00 104,400 SRS Connections Columns -tapered Brace frem Calumn anchor ticks and templates for them PAC! IS 32 C.W. giver N=wnua 6 oll, CircCz�terznd PaLir rP";. Veen m>e vn Newport Beach CA 16 -Feb -II RLILWVR951\(:H 1919 .7101 SCOPE AND PRICING SHEETS 02/16111 16 -Feb -II PAGE 33 • Butlgee# DescripNonlScope of Work Quantity Unit Cost/Unit Total Curved roof Verendeel trusses Added cost(., .of architectural exposed stru¢ual Steel (ABS) Saks Stain 28, 2C, 2D, 2E SS Handrail & Cable Rail System - Grate Landing Stairs 2B, 2C, 2D, 2E SS Handrail SS Guardrail: Handrail__— Trellis Can.pies with .angers Survey of column anchor, bogs IO Isum 5.969.25 5,969 Reinforcing plates at pipe peneo,unnz ac beam web- c dan ry assumed -assume fieldshore, lift 500 each 1,250.00 62.500 Safety rails-1nn[a1V remove 320 mnhr 6J 00 2,144 Mockup of AESS assemblies CommuNry morn Same scope as abwe Brace frames Bridge Low .of collector line Curved roof Verendeel vussuz Added cost for roof AESS .—. -- Stal,F -- SS Guardrail IS" SS Handrail@ Stair F &Bridge Add for Metal Pan for Can Stone @ Stair F Add for Chambers Buckling restrained braces Columns Roof Added ,.,,for ,..(AESS Low wall Library MF ( Moment Frames) MF C.nnections 15"55 Handrail@ SO.t,o Library patent fees for the connection Central Park wetland bridge deck bridge PAGE 33 G,W.Driver �g_ ag�& it 4 _1,=r1 1:re1 1d ::a1n Newport Beath.CA 16 -Feb -II ut 1L 1k RV SI\(:k 111I e8li01 $COPE AND PRICING SHEETS 03116111 16fetil I PAGE 34 Budgetlt Description(Scope o(Work Quantity Unit CostlUnit Total 06dbled Rrldge 8.414,696 Grand Total Structural Steel 0,414,696 * ; '05 30 00 dB He{!a)3xec%ag Subcontactor proposal I'D Isvm _— 500.95600 580,956 Phase III Metal decking Edge forms included Support angles at columns aduded Deformed bar angles induded Hour, Isvm included with stry seer add for additional ope.a, 200 each 37500 7.500 508,456 Grand Total Metal Decking 588.456 OS 50 00 47 Ptafal Fa4eenI submntraatorpruposal 1.0 Isvm 2,110,348 2,110.348 05 53 00 Medl Grrtings 05 60 00 Site Metal Fabrications Mass Ex Fencing ac the reraining wall with fencing galvanized site rails Phase 111 Aluminom/Sted Angle Guardrail System @ Balcony Fronts SS Cable Rail System & Cut C -Channel @ Balcony Sldes Gal anized Metal Grating @ Mechanical Well Galvanized Metal Gating @ Mechanical Well PAGE 34 C. Y i. Dl 1 y eA�rt ee.a etc_ esoteea�.d.Paik New on�8eac_h C RI`il_ IVR, s1VO5 fele $--CQP�—ANj_i �C�NGy H�EEET 02116111 ra,2 of 6�Febil w7101 16 Feb - II Budgep! Dmcription75cope of Work Quantity Unit GosUUnit Total MEP Screen' at the root supports only - louvers are separately Ratings at the stabs .,,he south side Ramps railings Ramps mewl plates Elevator pit ladders Roof access ladders- ship adder Elevaror mmp pit and grate —.__. Nosings Fall arrest safety anchors per 2IAS.2D- Osso0o Support for coiling grills Sst bar embedded nosing scrip Misc supports, angles (a[ skylights, elevators, m untertopsj Stainless .at wall panels if elevators —_- -----_ Self Sene kiosk--- -__-- Prefn 2"x8" AL trellis @I0" o., wl and caps Mockups for each form and finish of de ... adve ineoal reii'mg Community ranno Mlec supports Handrail @ building Exterior 12" Cut Channel @Bridge wl HP coating welded to SS shoe for glass guardian sappott Chambers Bullet Protective place Haodrats at ramps Mlec support for ,one -- Misc supports Recessed atom grating at conference at Zink wail Foor grating with zupporc, Prefin 2"x8" AL trellis @ I (T., wl end caps library Stair Misc supports Aluminum Grating wi Removable Secolou for Access Add for Metal Pan for Cast Stone @ library Stairs Add for 12 risers Metal guardrail at line N I Support for coiling grills Steel Places @ CW & Floor Slab - (1) 1 & ( I 8' steel pure at the inee¢enlon of the curtain wall and floor slab, welded and painted 20 ga. closure panel between vertical mothers adducon lsupport for mist equipment I D hum 16,80000 16,800 South Park Trench drains covers Trench drain type e PAGE 35 W Driver a o":; 16 b -a I ygyggrl8ea(h �,A 16 -Feb -11 HIII-t14 Rti SftiC:li 1419 � d8J 101 SCOPE h4-D..PRLCLNGSHEETS 02116tH 16 Feb -II PAGE 36 BudgetA DescriptlonlScope of Work Quantity Unit C.,durhp Total Trench drain ac north of parking garage, south of Chambers. &library plaza _ Trench drain and grate at preast cmcreta stair at entry couq P'trench daln at south of Chamber - no dentis jun shown on legend ------ 1 IW x 1 114" with 118" radiu,. solid square carbon steel be, handrail, painted Bollards 200 each 22500 4,500 Central Park 11f4" x I I/4" wlth I/B" adiux solid square carbon steel bar handrail, painted —Od cd bridge 3'-6" High guardodl with I" square steel picket at 5" ex, and 4" x 3` steel tabs welded m btldge beam _ deck bridge P-6" high guardrail airdbund areae 8' High guardrail with i" square speed picket at 5" o— and 4" x 3" steel tabs welded co bridge bea m North Park 1 If4" x 1 IA' with If8" radius, solid square carbon steel bar handrail, painted 2,131,648 Afternao, Grand Total Metal Fabrications 2,131 648 ;OS73'00 48 Rilwrasive MetaA anQ GFa#SRL'4hys .777 7 WhIs mid metals A Grand Total Decorative Metal and G a 0795 00 63 Eaninsrnn Control S Phase III E p cion joint cover at the bridge 80 In(t 145.99 1.168 Community, room library Expansion joint cover horizonnl 2640 Ink 13484 35.597 Expansionioint cover at the .of - 1320 Inh 13484 17,798 Expankonjolnt cover vertical 1280 Inft 6590 8435 PAGE 36 C.W. Driver Ngw�g2 Beach CA III 11A)FRG 11\1A, Ivgv SCQP€ &ND PPRIG W G SHEET$ 02116111 ere,-. 16 -Feb -I I �8r01 16 -Feb -ll PAGE 37 — * Budget# _ Descriptiunl5cope of Work Quantity Unit CostlUnit Total 62,998 pit� Grand Total Expansion Control 62,998 e 06 1000 Subcontractor proposal 10 Isum 663,60700 663.607 06 Is 00 Wood Decking 06 IS 35 $ite Garpen[ry 06 16 00 Sl—lhing all wood to be fire treated FSC termed phase 111 Wood milers as required a[all roof edge and 'outer conditions Miss plywood / blocking Fire-trea[ed wood blocking a[ top of metal surd parapet Framing and blocking for mirror attachment ftookop equipment bases and support verbs - IPE decking a[ the balconies 3/4" MDF soffit Store/prep IPEwood I.0 Isum 1000000 10,000 Com nit, ro mu om Wood nailerz as required at all roo(edge and goner .ndin.n, ----- -_- -- --� Misc plywood / blocking — Chambers Wood nailer, as required at all roof edge and gutter conditions Mist plywood / blocking Platform at dais Library Wood nailerz az required at all roof edge and gutter conditions Mist plywood I blocking wetland badge 1 1/2" IPE decking wetland bridge 4x4 ' Timbt Sil"nailerz aaached to steel I beams with 5/8 welded and threaded sad, nt 24' m center wahnd budge 5/4. 6 FSC certified IPE at.,hed to nailer. with stainless steel screws per specs. peck bridge 1 12' WE decking deck bridge 4x4"Timb,,Sil"nailer. aetached to steel) beams with 518 welded and threaded .adz at 24'.n enter PAGE 37 Ca Driver y e3"-Rrzrs.S_ea<n cv_ic eenee. zne Pz. a.,,,,.�e. v.ui�izsean Newport Beach CA o, �e. 16 -Feb -11 R( ILDIiRS S(YiJE l91e F87101 OV16/11 16 Fen I I PAGE 38 Butlget# DescriptionlScope of Work Quantity Unit CosUUnit Total deck bodge 514 x 6 FSC certified IPE attached co milers win odur zs steel screws per specs. Blydblmd Sim, 11/2"IPE decking — BiidbOnd Bridge 4x4"IImber5ll "milers attached to steel l beams with 5/0 welded and threaded studs at 24" o _ ydbllnd India C 514 x 6 FSC certified IPE attached w mailer, with leurlew steel screws per specs. Protect wood with protective board 3,200.0 ,it 1,50 4,800 6]8,40] A�1 gpy2pi Grand Total Rough Carpentry 678,402 4 '~ 06 40 23 SJ hiidSgbr Atudit xtwai NVoadwdrk Interior Architectural Woodwork 06 64 00 Plastic Paneling Phase III Subcontractor proposal 10 Isum 1963,55000 1,963.550 Architectural Woodwork Pauic Laminate Cabinets / Casework Ciabo reops Meal Supports for open area tables Conan / Solid Surfaces SS Poles at millwork Open wall cabinets — Brochure holders Wood Paneling Wood Railings Wood Wall Tile Marker boards on Door, at Command Center Fabric wall panels Privacy Panels Aluminum Framing structural support for panels structural support for panels Fastening) anchors / support Compliance with trade aesodstions WI - Woodwork Institute FSC - Forest kewardship Council LEED PAGE 38 M. Driver it 11 01 R, 511CF 1919 Nvwaer59sath ark Newport Beach CA 01116111 1..,r1 mzn iueen m Ib -Feb -II uenm 16b -Feb II PAGE 39 BudgeHt DescriptioNScope of Work Quantity Unit costlUnit Total Wood and MDF Wall Base ---------- Supply Room Shelving Ben<nes Coat nooks Glass 6 Glanng within Millwork CutOurs-wonGro mm ea Computer Equipment Plumbing coordination Electrial coordination Protection of solid surface counters —_..._ Wood substructure for all solid mrEace eters Non -Typical Materials Apple Ply _ Formic Color Core 4 Wood Specific Areas Shelf Check Station at library Casework and Trim at Credit Union Temper FRP Cafe Food Service plans library 4ainvell Panel, MDF Marquee above the cafe Command Center Restroom, Kitchen l Ki¢benettes IT Supply Room Podiums Counal Chamber Wall Paneling (9Wood) Council Chamber table NSW Clerk Counter Cashiering Revenue Counter Work Stations One Stop Shop Desk One Step Shop Tables One Stop Shop smrage and shelving Mother's Room Plot Room I Aaive Vam,I File Vault Hallway Displays Wood jambs (See door scope) Conference Room Doo r, Design and engineering of ceiling anacnment 10 Is im lSI)C00 7.500 Detailing at site 2000 mohr 67.00 13,400 Mockup 1 984,450 Qli rnat^.F PAGE 39 C.W. Driver sitAraehc-, cents, artlRArk hfgwRort Beach CA it II' )ER, SIN"I" I1,1 BCQQELIND PRICING SHEETS OV16111 venue 616 �Peb�l l� ae7m1 16-febII 071923 Slte Water and Budgettt Descriptionl5cope of Work Quantity Unit CosttUnit Total Subcontractor proposal 1.0 Isum 881,37300 881,373 Under slab waterproofing Grand Total Interior Architectural V 1.984.450 waterproofing at [rendre, _ Elevator one se 0! 41 00 SZ Mock., Drain pipe with Water stop Phase 111 not included Community room Under slab waterproofing -- Misc. Mock ups, including for the roof L0 loc rtrucm e 75.000.00 75.000 Drain pipe with gravel Water, stop Under slab insulation 2" Chambers Under slab waterproofing 75.000 VE Under skblmman.n i" L24 Grand Total Mock up 75,000 ... ',.07.1116 53 W.r prenBng site PasoorRng!'c 07 1116 Dampraoing ---- ----_ -- -- --- 07 13 26 Selt Adhering Sheet Waterproofing 07132] Pre -applied Sheet Waterproofing 07 13 55 Thermoplastic Sheet WP with Active fell Gore 07 17 00 Bentonite Gea<extile WP 071923 Slte Water and PAGE 40 Phase 111 Subcontractor proposal 1.0 Isum 881,37300 881,373 Under slab waterproofing Waterproofing at basement walls waterproofing at [rendre, _ Elevator one Waterproofing at 18 " pods steps Drain pipe with Water stop vE Under slab insulation I not included Community room Under slab waterproofing -- Remnreg wall along 22 line per 2/A4 DS with oa[ion Drain pipe with gravel Water, stop Under slab insulation 2" Chambers Under slab waterproofing VE Under skblmman.n i" no, ncluded PAGE 40 G.W. Driver R, IL111 R, snOE I'll bl eygon aearn e: r eentam andl Nmlusrt Beach CA 02116111 ..u", 16 -Feb -II 497101 I6 -Feb I I PAG E 4 1 Budget# DescriptionlScope of Work Quantity Unit CosUUnit Total _ -- -- Library Under slab wacerproofng ____------ Waterproofing at library existing basement welts not included acerpmofng at library below grade walls 100 it well mockup Waterproofing time iinning walls Sub drainage perforated pipe surrounded by drain rock and wrapped in geotexeiie Nbdc Central Park Waterproofing at the site abutment wall - at bridges Waterproofing at stair cheek walls i}empproofing on Backfilled Side of Ridareg Walls. _ Dampproo( g Along Scone Walls and P,.,, Smir Treads Duerdy in Contact with Soil or Aggregate Mulch. excluded 881,373 Grand Total Water proofing Site Da 881,373 Subcontractor proposal I 0 ]sum 360.000.00 260.000 Phase BI R-19 (FS -25) krud Need fibe,far, baa, at exterior, well framing R -II umfaced fiberglass bates at interior cal partitions _ 3- Foiled faced curtain wall insulation at curtain wall 2" Black -fired insuicion Acoustical insulation at Chiller room with drywall Isolators with drywall Sizing and shop drawings for isolators with drywall ull plywood 10 ism, 766.00 766 Additional furring channels.. clips with drywall Baa insulation with drywall Additional drywall with drywall PAG E 4 1 C.W. Driver Ne 6—h Pa Newoort Beg�7r�A 13t Il.lYI HS II\'I_h lv{v -C PE_AND PRIG M6111 I6/1I w 16 Feb -i1 nnol 16 -Feb 11 PAGE 42 * Budget# DescriptioNScope of Work Quantity Unit Costlunit Total insulation atairway z,uruu 13 x501 3.0000 sgft 3.44 10.320 Cammuniryor om R-19 (FS -25) foiled faced fiberglass bat. at eztenorwall frzmlog R-11 unlaced pberglazs bads at or,.r aco ostial partitions 3" Folied faced curtain wail InsWa[ion ac ,ural. wall YBlack -faced inmlanon Chambers R-19 (F$-25) foled hced fiberglass bac, at exterior all framing _ R-11 onhced fiberghzs baz,, ae interior aco s ostial partror 3" Foiled faced cumin wall insulation at ci, auu watt 2"Black-faced insulation Library R-19 (FS -25) foiled hced fiberglass batt. ae exterior wall framing R-11 unfazed fibergbss barns at interior ostial partitions 3' Folied fated curtain wall insulation at curtain wall 2' Black-hced inmhtiou 211,086 * Alternat. ,.. . Grand Total Thermal Insulation 221.086 '. 55 itre`groeGng Phase III with dr,w Il 9ltenutu Grand Total Fireproofing x ( 0784 13 56 Pengtnt lon smostopp`rng PAGE 42 C.W.Driver N e cy�enterandP Newnor0 Beach CA Ill HJ)FRI st"'t 1`IIv $COPE AND PRICING SNEE-T$ 02/16111 .— va, I la,a>m w,an. I6 -Feb 11 4e71m 16 -Feb -II Budget!{ PAGE 43 Description/Scope of Work Quantity Unit CostNnit Total 07 84 46 Fire -resistive joint Systems Phase in -- ___ Flre Hopping and zafng 120484.0 sqh 030 36,145 —_— _— Safingwith smoke seal az perimeter Boor slab incl az udlcated Sahng with smoke zeal at head of razed Ind gypsum board wall assembees — 078446 Mockup for each hre resistive joint condition 1 0 allw 2.44400 2.444 38,589 a Aftern.ylga " .a3' V:t: Grand Total Penetration Firestoppin 38.589 07 42 13 '; S7 RxchttpMuraiH?biFlutlankPanetx O7 3I 16 Architectural Metal Shingles with sheet mcll 07 42 it Architectural Metal Flat Lock Plate Patois Grand Total Architectural Metal Flal A 07 42 16, 0742 19 5&T^„*°�!tarh'�stMaSal?in R 0742 19 Architectural Metal Plate Panels with curtain wall Phase In Exterior metal soft 07 42 19A Metal panel wall rystem Mockup Mockup for each form o(con Wrualon Construction wa[er-zpray zest mockup of metal faced composite wall pane] assembly. ],dude ,,scsI wall and corner panel Atm Grand Total Architectural Metal Pan PAGE 43 MCW.I PIV�C cf o r_encFC it Centerand Park ae,v uIoli1 em . Newoort eeach CA m. 16-FebII NC ICDFk5 111C, 1919 ygl'a SCOPE AND PRICING SHEETS EV 16111 16 -Feb -II PAGE 44 * eudgetp DescriptiondScope of Work Quantity Unit CosdUnit T.W '* 07 27 06 5Y tu,.A oe sewer Phase 111 Concrete seal per finish schedule 7,806.0 zgft 2.99 23340 Srel concrete for ac us R.orapplkacon' 71005,0 ,it 1,21 85,916 Seal pad conaece at generarors 1000 ,it 402 402 Community room Con" ete seat/ treamlent at mechanical 2,5520 sgft rooms 2.99 7,630 Chambers Concrete seal 691.0 sgfa 2.99 2.066 Library Concrete seal 1.5600 syft 299 4,664 124,019 AIS Grand Total Concrete Sealer 124.019 07 SA IA 60 p0minyl-.Maddy low)@ab0ng Phase III Subcontractor proposal 10 Isun, 1.281.16000 1281,160 VE Use Poly In. Insulation io lieu of Rigid Polysryre ne In above VE Use Anchors in lieu of adhesive in above Roof Root walkway allowance Temp r..f NIA Chambers Roofng membrane over 6" non rigid Insulation over sloped deck Temp .of 6.0000 sgft 1.27 7.620 Library -temp roof 7,5000 sgfa 1,22 9.525 1,298.305 AIS Grand Total Polyvinyl -chloride (PVC 1,298.305 *>076200 6)sbeex Metal AaslaBg rad Trim Subcontractor proposal 10 Isum 1,173,627.00 I, 03,627 Phase III Sti fasbing as derem.ry windows PAGE 44 F x T ���� Newport Bea.M1 /} Giriy{gnter and Park 14-r..CT�Y Ne oR b.�A illi 11.'I'. NV ti1VCb Ial9 SCOPE AND PRICING SHEETS OLI6111 e�mw. 1-2 Is m nm=� 16 -Feb -11 .7101 6 -Feb -II Budget# DescnptioolScope of Work Quantity Unit CostlUnit Total Safiepanels IIA5.02 _.— Prefin metal Flashing @ trans to metal too! ffi-dm ahed metal dnp edge at metal .of Prefinished metal soffit at meal roo(edge Prefin metal flashing at roof transition from 2A. [A Flashing at mechanical penthouse perimeter Flashing o-im piece at metal shingle & curtain wall Prefinished zinc coping Metal pan S.mless steel custom gutter Mechanical pad covers M", ilazhing Mockup of Ifbo long .of eave bvAGn gutter, fascia fasda ores, apron fiazhing. including supporting c.ron-naioo 1... seams, storms er, underlaymma, and community .an, Sill flashing at derestory windows Mist flashing Prefin metal flashing @ trans m metal .of Prefinished metal drip edge at metal .of Prefinished meal soffit at metal roof edge Prefin metal Flashing at roof transition from 2A to IA Flashing at mechanial penthouse p,.memr Stalnlem steel custom gutter 8 sS.22 Mecharial pad covers chambers Mist flashing ._ Library _ Zinc shingles Mizt flashing SS flashing at Cafe & Credit Union roofs Stepped Flashing at membrane roof &curtain wall SS Flashing and facia at high .of 1,1 ]3,622 AJt€ryeSst Grand Total Sheet Metal Flashing an 1,173,677 PAGE 45 C.W. Driver er New a BBeach nJ Park N B h CA 41 H -11E49112 1:v lore 5C AND P0.1C0VG SHE@T� 02116/11 r� a rI6,Feb-1 le b87101 i6 Fcb I I PAGE 46 Budget# Description/Scope of Work Quantity Unit Cost/UNt Total 07 7200 (,2 Bunt Aeressorses With zheet metal Phase III Roof ha¢hes Community room Roof hatches Chambers -- ---- koofhatchev -- Grand Total Roof Accessories _ OS 44 33 64 sleycd clad Aav hakUes Phase 111 Skyfighn SO each 1750.00 8,750 Polycarbonate rectangular 60 each 175000 I0,500 Community room Chambers Skylight solar kited glasx 1760 sqh .35500 62,480 Add for STC 36 included Library Skylight ldcmr) 10 Bum 33,45540 33.455 Add for STC 36 in above 115.185 r Al�.rn9tiF .. , 3 Grand Total Sloped Glazing Assemb 1IS.185 k '.07 92 00 65 hilt sealants 07 92 14 site point Sealants with trade -- — PhaseIn PAGE 46 CFj]Driyet jiywp_ beach C'ric_Server and Park {R, ilW I '[ Ne o 8 h all LDIiR1 Sf1[:F 1414 SCOPE AND PRIQ,t4G SHEETS I of 1-11 llllln •r=tea 16-Pebll genal 16 -Feb -II PAGE 47 * 6udgetit Description/Scope of Work Quantity Unit CostlUnit Total Extenxive sealants and caulking due :o HVAC requirements 103,212 0 zgft L75 180,621 Motkup of joint sealant assemblies 10 Num 25000 250 180,8] I pltxrnot�a Grand Total Joint Sealants IM87 08 11 13 &6 �A14nY/.Moad'+Po`4Ys e'aSSiTahf$s 06 JI 00 Door Hardware Subronnactor proposal 10 Izum 607.170.00 607,170 Phase III Exrenor single leaf doors o142 Single door assemblies, non raced. Single door assemblies. STC 43. Paired door axsemblies, non rated_ Single door assemblies, STC 43 wlelectric hardvrzre. P ' ed door emblies. STC 43. Paired door assemblies, on raced wlelectric hardwarn. Paired door assemblies, STC 50. Single door azsembl!ex, STC 32. Single door assemblies, 60 min_ need. STC 50. Single door assemblies. 60 min. need, STC 43. Assume additional Fire rated Single door assemblies. 60 min. rated. Assume additional fire rated paired assembly. 90 min. rated. Single door assemblies. 60 min. rated. Paired assembly. 90 min rated. Closedstonge double doors - marker board applied m lull door 8heighv - QoseNnonge double doors 8' height metal cages CloseJstonge double doors - z,,,o only 0' he!ght _ Cloxethtonge double doors 8' height - not or schedule _ Single door asxembly, STC 43 w/aum tlozer and electronic hardware Single assemblies, frameless, wlpivo¢. non rend. Pa!r ed assemblies. lramelers, w/pivots. non tired. Single door assemblies, non need, wlzide ghtx Door mockup PAGE 47 CNV Driver R I'.(I. 1)E RS 41^:CF IIY4 Newpgn Beam Civic center and Park Nlnynud8 h -CA 03116/11 ro• a. 16 -Feb -II ranm 16 -Feb -II PAGE 48 Budget# DescriptionScope of Work Quantity Unit Cost/Unit Total Card entry - All Phase III perimeter doors Interior n critical areas, HR, HR files room, several in basement One outside and inside elevator da . goes to baaement- Cam oily round om Exterior double doors 6eerior single lea(doorz Single door assemblies. STC 37 Single door assemblies, non raved. __— Paired door assemblies, non aced. Cara entry -allow Knox box 3.0 each 32500 1,125 Chambers Bl folding pair, non aced. Single door azs emblies, non rated. Card entry .. Library __— Sin le dg oor assembllea, non rated. Single door assemblies. STC 43. Paired door aszembilee. STC 43. Single door assemblies, STC 50 wlvision lice. Card entry 608,295 _ Ak rnat Grand Total Hollow Metal Doors am 608,295 '.083473 67 sauFrd Gaa6rin Door A'sser*tM11Lt apps—bi, 08 ]i 00 Door Hardware With doors ,; Plt�nat� Grand Total Sound Control Door As 0831 13 74 A.n Uaors s Frame. Phase III access doors- with gloss insert and lighting 10 /sum per HVAC 26764 26.264 Conduction, room PAGE 48 CNV[�Driver HewponBeachCivi_c_ConOroUEark &I lvanr y Ng; nore Beach CA 16 -Feb -I I .1'. Mill L RS S(\CF 14Y9 .7[01 6 Febl I PAGE 49 Budget# DezcriptionfScope of Work Quantity Unit CmuVmt Total access doors LO Isum 2.281 2,281 — Chambers access doors 10 Isum 2,281 2.281 Library access doors 10 Intim I2 222 12,222 43,548 Grand Total Access Doors & Frames 43.548 :. 0832'13 , .; dN,;�+E+fe:nrddlacsbm+s+, a: appimable OB BO 00 Glazing s applicable 08 71 00 Door Hardware - Ahemat� Grand Total Sliding Aluminum -frame * 08 33 26 Phase In Rolling grille, motor operated 27'6"x10'8" 1.0 ea 29.033.48 29033 Rolling grilles at storage area 25'6".9' 1,0 ea 18,207.00 18.207 Library Roiling gHflez 20 ea 17707.00 35.414 82,654 _ Aitematc> Y Grand Total Overhead Coiling Grille 82,654 ♦ 74sn(pke GuarUs Phase III Smoke guards av efesavors see allownces PAGE 49 C.W. Driver tempora cer C vl<eenI "cid Park m� s I Izaa1, Newvon Bea h CA .m=•�. 16 -Feb ll d, il_Oltfls S[Vt1 Nin rd".1 03/16111 I6-FeFI I PAGF 50 Budget# Oescription(Scope of Work Quantity Unit CosWoit Total Alternatez Grand Total Smoke Guards g` X084113 11 Alarpinumdmmad 6n{rapeesaotlstov@twnkl5}aacd p�grninnm<urtain wail: ac applltable 08 80 00 Glazing :."l—ble.61100 Doar Hardware 08 a4 T3 Glazed Aluminum Curtain Walls Phase III Subronnactor propos al 1.0 Izum 6,839000.00 6,839,000 Add for Short, windows Lo Ismn 344.00000 344,000 Add for Sh.. sys.em I.0 Ismn 112,000.00 112,000 Exverior I"clear low -E insulated glazing unit. butt &red. Exterior I" clear low -E Insulated glazing mnv fully tempered, I" Spandrel pattern I Insulated glazing unit Operable motorized awning afrourr n window: - WO6A-exterior Phase III south elevation Exterior small operable casement wadw-@I" clear Low -E insulated glazing unit Exterior aluminum operable casement window Exterior W09 fixed window sliver at stone wall Exterior Insulated aluminum closure, glazed alum certain wall, with 18' deep extruded alum CW end caps at east side ofeath operable window Extruded aluminum fins supported by & to match CW millions Add for 10' extruded aluminum mullion cap at vertical mullions Add for 18' extruded aWminum rap at each operable clearstory window 10"x325" Aluminum dlaonei & prefinished aluminum 0067 line, panel Alit, storefront doors/ leafe with electrified panic hardware -- All glass doors - IR" clear tempered glazing inp and bottom full if -floor mounted auto operators and panic hardware Glazing above stairs Additional resting on one interior I' deer low{ n.ndered gYazing unit filen., glazing in sidelights 318'tempered glazing PAGF 50 C.W. [ Driver amort Beach Civic GA4i9LAdd-Vaek na.. ci,ill Isler NgwpgrtBeach.CA 16 -Feb -II at IiAll RS S;tiCE I9111 WIN 6-Febl I Budget# Description/Scope of Work Quantity Unit CostfUnit Total Interior I/2" lscrom tad glass fin at all son' ramps Interror glass guardatl Glass guardail at bridge Architectural Metal Shelf for Projector (A] OS) Mock up —�---Mockup for eadl form of construction for— sliding Aluminum trained glass doors Mockup for each form of construction and finish for aluminum -flamed entrances and ztoreironu Mockup for each form of construction and finish for glared aluminum curtain walls Mockup fa each form of forma oche. and finish for sloped glazing assemblies Mockup for each form of construction and finish for aluminum windows Site warertesting 10 Back 15,00000 15.000 Add for acoustical r,mopmen¢ Community room Exterior I" clear low -E insulated glazing unit be,, glazed Exterior insulated aluminum closure, glazed alum curtain wall, ,d, IS' deep extruded alum CW end caps at east side of each operable window Operable motorized awning aluminum window Exterior glazed aluminum curtain walls at north entrance with 1 set of entrance doors 5'-Px W-6' each lea( I'do!c hardware and power assisted, swings 180 degrees Extruded AL Fns supported by & re match CW mullions Add for 6 single doors: 6 double doors; Add for acoustical requirements STC 35 -per sketch Add for 10' extruded AL mullion cap at verti�l mullions Add for IT extruded AL cap at each operable dearsmry window P. cfinished alum perimeter channel Testing Chambers Type II curtain wall (raining system. butt —_ glazed Add for acoustical requirements at glazed curtain wall STC40 In[etlor I/2" laminated glass wl 1112" x I IR' alum extruded channels installed (lush with fabric wall panels and Moor PAGE 51 CjATDriyer RCNewport 9ea<h 5iy15.4£¢t3Cand Park I i [tLII Ii N.W.Driver B R til At: p. 19i9 COPE AND PRICINGji-HT lear u m=.u. i AFeb-ll ;8,101 6 -Feb -II ' Badgee# Descriptionl5cope of Work Quantity Unit Cosc'Unit Total Interior type 11 curtain wall framing system. butt glazed at vestibule w I set of double doors Alum bi-fold In, w/ glass panels STC 40 owner allownare Nana wall Door leaves Testing Library Exterior I" clear low-E'mmland glazing unit. bun glazed with I set of double doors Ewen., I"clear low -E Inwhted glazing and fully tempered with I set of aluminum zedtng entrance doors. I sec of double doors Exterior I° spandrel pattern insulating glazing umt Extruded horizonbl aluminum ens Extruded vertical alum fins supported by venial cw muNon Extruded CW WI 10" alum fns at vercral mullion raps above 9' AFF Operable motorized awning aluminum window - A - I" clear low -E insulated glass Interior 3/8" tempered storefront glazing wl 4 single leaf glass doors Interior It,, gcentral above stairs Automatic zlidmg doors Door lezvez Add for IT extruded AL mullion cap at rtidel mullions _ Add for 10"x3 25" AL channel it preenished liner but Add for acoustical regwr ents Testing 7.310.000 * 9Qernates Grand Total Aluminum -famed Entr 7.310,000 `08 51 17 72 Alumfnm weodown as applirablr 08 80 00 with Alum curtain wall I AA Grand Total Aluminum Windows PAGE 52 CVt?Driver NewneKR c _nG^ry'dPark N t�h CA _ Ib-feb-II RlT"OtRs 51NCF tate 087101 5t_OPE AND PRICINSa-SHBETS 02/16/11 16 -Feb -II PACE 53 '* Budget# _ Descriptionl5cope of Work Quantity Unit Cost/Unit Total + 09 29 00 73 t4ypwm l°ard - 54000 Cold formed metal framing 61600 Sheathing (at cold formed metal framing). — not in spec 12500 Weather barrier (at plaster). 9210 Gypsum shalt wall assemblies 92216 Nonstructural metal framing _ 92350 __. Acoustical plaster ceilings 92400 Portland cement plaster 92900 Gypsum board Subcontractor proposal !0 Isum 2,627.000.00 2,627,000 Phase 111 Wall I hour Wall l shah 1008, 168 Wall Drywall only exna --– Wall NR Wall not rated, full height A4c. A4d Wall not rated, full height 1wx3 A4f Wall not raced, full height dwx4 A41h Wall chase Wall chase A4a, C4 Wall studs only A4m stretch wall HM frames install Gypboard ceilings Resiliently suspended ceiling per A8.31- 5l8" plywood between 2layers of 518" gyp with 2" acouyt.l [reopen[ Gyp & insulated builders plenum above finish cehir, Gypboard at ceiling at stretched fabric Gypboard soft[ break Exterior curb sill window 4/AAI 13' Int Exterior umjamb window 4IAS I I exterior &Interior &ter!or wall zinc. exterior &interior Fire proofing separation Ihour A to e Wail furring at perimeter Plywood at panel, Membrane at panels Mhc den, shield Mist backing Frame VAC unl¢ -double G8 layer frame mechanical doghouse Sound bolated ceiling bangers Double layer of vapor barrier 120,4840 set 0,75 90363 Mockup of 100 ,it for each type of finish Mockup of 100 sqh for each level of gyp bit finish PACE 53 G.W. Driver=wport ee £h �. e Center znd Park Nev�B h NGILOIS kS SItiC4. IV I'1 $COjPEANOPlUQJM SHEETS 02116111 e.ry.Re 16 -Feb -II or of I6 Feb it BudgeDescription/Scope of Work Quantity Unit CosUUnit Total t# Mockup smoke damper lretallshon complete 400 mnhr 6500 2,600 with wall (raming wallboard, wall opening filler pieces, perimeter mounting angles, sleeve, breakaway duct <c nnestic ro. and duet .oke detector access door Communiq room -- Wali I shah Wall not rated, hill height Ad, A4d Wall chase A4a, C4 Wall Erring, at perimeter Wali sad, only Mr, ... shch wall HM frames install Gypboard ceilings Gypboard soft cove _ Framing of enter., all for stone exterior only 2r all Framing for exarior wall framing at vnc shingles. Includes fire -created plywood at vnc wall panel az.embpes Membrane at panels boenor curb sill window, interior Exterior curb jamb window exterior& Miss dens shield Miss backing Chambers Wall 1 hour Wall not rated, full height ill A4f Wall not rated, full height dwx4 A4h Wall chase Ads. C4 Wall furring at perimeter Gypboard ceilings Gypboard audit break Gypboard soft cove Wall (urring at window head interior Exterior wall scone exterior only Eao,ior wall framing at zinc shingles. Includes fire-treaad plywood at zinc wall panel a..thick, (2/.4502 and 5.11/A521)) Membrane at panels Mrs, dens shield Pro'w:rW wrap Library Wall chase Wall I shaft Wall not rated full ents A4q A4d Wall not rated. full height dwx4 A4h PAGE 54 ,�x Tiv^ Newoort Beach C'v c Center and Park rmme, xixu itae+n 5. ` N woo B 1 GA �r 16-Feb-I I RI I1.6N85 slA, t, 191n sit7101 03116/11 I6 -Feb -II PAGE 55 Budgee# Descriptionl5cope of Work Quantity Unit Co,QUnit Total Wall furring at pe"red ter HM flames install Gypboard celhn, 1,844.0 Gypboard at ceiling at stre¢hetl fabric —__.- Acoustic plaster cei8ng $IB" Vertical gyp soffit at ceiling perimeter Gypboard tof,cove Exterior wall clear'I." .of interior also Extenor curb sill window 41ASJH 3' Interior Exterior curb x111 window roof cloxure slab edge Exterior wall zinc exterior & Interior Includes fire -treated plywood at zinc wall panel assemblies (VAS 02 and 5, I I lA5 2I )) Membrane at panel, Exterior plaster soffit Acoustical plaster treatment at the skylight Hmood at sound wall 6T GWD Mist dens shield protective wrep 10 Isum 65.000.00 65,000 Mist baking In all buildings Caulking of through penetrations- additional caulking required due to HVAC requirements Sheet me.1 sleeves at through penetrations Sheet pads and caulWng at wall box_ penetration, — Primer for drywall finishes Framing for wood ceilings Engineering and sM1op dravimgs for the exterior metal ,no framing. SaHolding IIS Finish, 2]84.963 9ks1n4Fti VE Grand Total Gypsum Board 2.184,963 %09 30 13 75 Cengmiai4flHg Sub Proposal 1 0 Isum 181,63500 181,675 Phase III PAGE 55 C.W. Driver till) A)1/NS 11A1 I91'1 Newpun Beayh CM, Center and Park Nffyµg_[$g th CA 02116/11 n16-Fe1>II u 1101 16 -Feb -II PAGE 56 Budget# On, scription/SCope of Work Quantity Unit CosUUnit Total Ceramic ole flooring (CT) Ceramic ole flooring (CT 2) C ami, ole walls C m.c file base Cre,k protection membrane 1.9360 sq(t 101 1963 Mockup of floor and ,all the 1.0 alit 650.00 650 Acoustic mat 696.0 ,it 200 1.392 Community room Ceramic life flooring Ceramic file walls Cerem., til, haze Crack protection membrane 8130 ,it 1,01 824 Chambers Ceram., tile flooring -- Ceram"'do tans — ------- cera., ole ro, — Crack protection membrane I I1 0 zgft 101 113 Library Ceramic ole flooring Cerro, the flooring(Tile l) ----------- Ce rile walls -- — — Cerainic ole base Crack protection membrane 3,387 0 zqh 101 3,434 Acoustic mat 3.387.0 sqk 200 6.774 Undefined floor finish per d ,.f.dr. 10. ming ole 9370 zqh 1625 17.100 Undefined base per dard atop 10, ansum.ng tie 2480 loft 2200 5,456 219.340 Altemgh, Grand Total Ceramic Tiling 219,340 * ' 09 SI 13 76 Await" Panel ceilings and Wad salbags Subronaaaor Proposal 10 loon 2,180,000.00 2160.000 09 54 26 Linear Wood Ceilings 095430 Tile Wood Ceilings Phase III A,ousocal panels for acoustical panel ceiling - ACPI Interior linear wood Ceiling by 9 wood with backing Exocerior linear wood too ng be 9 wood Protecove mesh at Ea,erior linear wood ,eifng by 9 wood PAGE 56 _T_,d-111 mMDriver �t6-Eeb-11 91 li'M HS stAce :939 uenol 02116111 i6 -Feb -II PAGE 57 * Budgetli DescrlptiontScope of Work Quantity Unit Costlunit Total 4-ficby-4-h Mock-up of the sound absorptiv, finbh system re,U adng relabve detai6 and traditions Suspended acousdal at stairs ' Ceiling in basement - Mockup Ilnear woad ceiling assembly and anchorage system _ Treatment of the line bemeen ceiling and the vouc l wood 8750 Inh 3540 30,625 Commu niry room Acoustical panels for acoustical such ceiling ACP I- washable io kitchen interior linear wood ceiling by 9 wood with acouzus backing Exoso, linear wood ceiling by 9 wood Protective mesh at Exterior linear wood ,chr, by 9 wood Metal detail ac wood ce9ings IA Isum 1255500 12.555 Chambers Aconstial ceiling vle type 2 with recessed fluorescent btures Roped wood ceiling wl recessed light troughs Accosts backing at sloped wood ceiling Interior linear wood ceiling by 9 wood with acoustic backing Acoustic backing at linear wood ceiling Metal panel ceiling on 3-510" surds with nsvlation at vestibule 175p p,ft 2200 3.850 Library Amasctcal panels for atousdcal panel ceiling - ACEI _ ACP2 Cafe ceiling 6324 sgft 27.00 17.064 Metal panel selling on 3-518" studs with nsulauon per, 285.05 441p sgft 2200 9,702 2,253,796 A.S€L2Lei • • , , - Grand Total Acoustical Panel Ceiling 2.253796 095443 �,3W"`e&hedpebMc¢er'NnB�y;tams 09 54 40 Stretched PVC Ceiling Strut - 09 77 13 Stretched Fabric Wall Systems Phase III Stretched fabric ceiling 3.3000 suit 25.31 83.516 Stretched fabric wall panel 99270 zgfe 1500 148.905 PAGE 57 C.W. Driver Ne_y¢¢SrBeach <Iv c 4^rater and Park I4iILb1(kS 41]CE 19In $COPE AND PRICING HEET 02/16111 <a.,... 1-1 u16-Fealle .1101 16 -Feb -11 PACE 58 _-- + BudgeH7 Description(ScoPe of Work Quantity Unit Cost/Unit Total Vloyl ceiling 2,400.0 sgft 42.00 100,800 Mockup of 3-0 a 3-0 assembled ceiling..stcur 1 0 abw 200000 2.000 Wall mockup o(rypical wall area; inGuding :nosseaion cf wall and ceihr,, <ornen, and pen inter 1 0 250000 2,500 Community room Fabric wall panels 603.0 sqh 18.00 10.854 T,,R,We fabric panels 1,934,0 suit 700 13,538 Fabrie panel on operable wall assembly 097723 with owner allowance Chambers Stretched fabric wall (FAB) 2,6420 sqh 18.00 47.556 library zgfo Sare¢hed blanc wall (FAB) oft 409,669 + Nteemtea 5•-` Grand Total Stretched Fabric Ceilin} 409669 09 65 19 70 Mai+i 096513 Resilient Base and Accessories 0965 36 With access floor 09 65 16 Resilient Sheet Flooring 09 65 19 Resilient Tile Flooring 09 68 13 Tile Carpeting 09 68 16 Sheet Carpeting Subcontractor Proposal 10 )sum 326.42500 326,425 Phase III CPT eype I - carpet it, w1 attic stock and mock up Attic stock and mock up Rubber sheet flooring type 2 w attic stock and mock up Rubber floor tiles type I w attic stock and o& no _ Moisture test and remediation 49,8310 ,it 035 17,441 Mockup l W sq, fic for each type color and paaern of resilient sheet flooring 1000 sqh 507 507 Mockup f00 eq. it for each type, color and pattern of resilient .it flooring 1000 $qh 5.07 S07 Tile carpet mockup 100.0 sqh 507 507 Sheet carpet mockup 1000 dit 5.07 507 Resilient base Inh 100 PACE 58 CW Driver Q{ ws�Lr aeacn. ca HLl6DIi HS StACE InIY SCOPE ANQ PRICING SHEETS 0216111 I-- . a;6solo -Fet-111 Wane[ 16 -Feb -II PAGE, 59 * Bud etN DescriptionlScope of Work Quaneity Unit CortlUnit Total Sta6o-ccas rot reinter, flooring (SDT) over raised access floor "It ao,rh access floor —__- Minorfloorprep zqh included Floor prate¢ with mHgna,d 120.4040 sqh 0.10 12,048 Attic stock and mock up Community room Base with brick Reveal base 6550 ]nft 200 1.310 Chambers CPT type 2 - carpet tile w attic stock and mock up Moisture test and remediation Resilient base Minor Foo, prep Library C" type 4 - sheet carpet w attic stock and ock up Moisture test and remediation Resilient base Reveal Base TBD base at casewmi Minor Boor prep 17,5990 zqh 100 17.599 3]6,851 Grand Tota) Flooring 376,851 as :096623 MattrF Tw,ri?Lcw slAaKng Cafe Farr, 6000 sqh 2200 13,200 — 13,200 Awe Grand Total Resinous Matrix Terraz: 13.200 'a 09 69 00 00 Access Rise, Phase In Subcontractor proposal 10 Isom 1.012.11800 1,012.118 Bare finish access Floor PAGE, 59 %y =�T CIVer N�J3§.g3-C.-centerand Park IV.e11Y ♦1./! t Nr- Beach CA KI mol RS 3110E 1910 SCOPE AND PRICING SHEETS 021,6111 1w 1 a16-Feb-111� :renes 16 -Feb -ll PAGE 60 Budget# DescriptionlScope of Work wo[i Quantity Unit CostNnit Total "factory-applied" tile- SDT want dlsaipative rubber as shown on She.[ A3 01 and Section 096536 Anchors for extra off e live load at second door 36000.0 sqh 125 45,000 Protea the Roo, after Instathl..0 -rape and cover with rn s,cove - by GCI- uncover 720000 sqh 100 72,000 Coordination with trades -by GCi 693.3 mnhr 4900 33973 - Seismicbracing 8,0000 sqh 020 14,400 Equipment de dawns 2000 each 121 66 24.331 09 69 00 Mockup of 3 floor pna els in ler& by 3 Moor panels in width. Include condition around column and at slab edge alive inlcuded Independent Testing of Access Floor Plenum inlcuded Community room Chambers added 8are finish access floor with fa., applied rile Library 1.201,823 Al[LeetLi Grand Total Access Floor 1201,823 0991 00 $# pxinisus 09 96 00 Nigh Performance Coatings 09 97 13 23 Site Paints Pbase 111 _ — Subcontractor proposal LO Isom 630.894.00 630.894 add for LEED pain, from the s,,aed 1.0 Ns rn 15,00000 15.000 Phase III Ea ... ior steel paint - high performance Exceeior - sail steel -high performance 10 Isom 75000 750 In,erior steel pain[ -high pertormance --_- Mist flashing, no, stainless steel - Doo Gyp walls Gyp w R, (primer ort,) Gyp ceilings Gyp sr% Addm.io l moblirvtion for `ne[a1 deck tr atment 10 Izum 1,52070 1,521 Prepare exposed part of mewl deck Mrs, flashing, not stainless steel PAGE 60 G.?I3river eearh`.cCant"icwLF.& Nwp_rt Beash.0 41 1L111 1IFf,3}: I'll 5CQPE_ N1C, PRICING S MEETS ON 6i 11 "'i 16 -Feb -ll Mulol I6 -Feb -II PAGE 61 + Budgetp DescriptionlSeope of Work Quantity Unit CostNnit Total 0991 13 Mockup W zqh borizontal and verti�l surface Mie, much up after o[ her trades 101sum 15.00000 15,000 M'¢c caulking and paint at wood /MDF base 09 96 00 High performance ccarry mockup C mmu nit, room See scope above Chambers see scope above Library see scope above -- Plaster ceilings Paint Temp barricade Paint the existing visible finishes U.'mre plaster soff, Acouxlcal plaster couch up South Park Paint miscellaneous site items Central Park Paint miscellaneous site hems Prep the be deck for treatment 1 0 Isom 12,00000 12,00 Pemt struct iw1 s,set bridges North Park Paint miscellaneous site items 6]5,165 _ ft mato 'S Grand Total Painting 6]5,165 » 10 21 13 $ Twi{otgomgmgmen 10 25 00 Toneq Bath, and Laundry Accesories 08 83 00 Mirrors Phase 111 Subeonvraeeor proposal '0 oum 63,18300 63.183 Grab bar Toilet tissue dispenser B-2840 surface mounted toilet dispenser and utility shelf Liquid soap dispenser Sanitary napkin disposal unit Toilet seat cover dispenser PAGE 61 C.,.WDriyet N_gypg $g C'viceenterandPark TM' b -II �l �acj��A t6-Fel+l I HLILU1: Rp SIwcE �4Ye �]l01 SCOPE AND PJAJCLryL-5HEET5 091611 t 16 -Feb -II * eutlged{ DescriptioMScope of Work Quantity Unit CosdUnit Total Combination towel dispenserlwaste ,,pride - folded rowels 8-38034,,;Mine sere, recessed paper rowel dispenser and waste receptacle Urinal Toilet Partition -- .— _. — Toilet pattition NC Mirror-backfit2'-M1''x4'-5" 1028o0H Mirror-backlit2'-4`x4'-10" 102800H shower, <orrain rod Shower curtain Folding shower seat S., dish Towel pin -- ________ Utility shetf Mop and broom holder Paper towel dizpensec folded rowels Towel holders Under lavamry Guards Sanitary napkin vendor Warm air dryers add for bullion l for sandblasted mirrors IO Isom 7,500.00 Community room Grip bar Toilet tissue dispenser 9-2840 surface upturned toilet dispenser and utiliry shelf Liquid soap dispenser Vendor sanitary napkin Saniury napkin disposal unit Toi@t seat cover dispenser Combination rowel dispenser/waste receprade- folded rowels B-38034 tnm6ne renes recessed paper Bowel dispenser and waste receptade Warm air dryers Diaper changing station baby changing station KS 110 - SSPE horizontal recessed rainless steei baby changing station Mirror - backlit 2'- 4" x 5' 102800H Urinal screen Toilet partition Toilet partition HC Paper towel dispense,'. folded towels Multipurpose soaplrowet dlspen,er unit Under lavamry Guards Chambers Grab bar Toilet tissue dispenser B-2840 surface Domed toilet dispenser and utiliry shelf PAGE 62 jyT2 •ver N�wog2,¢�a�CL€cSn adRark t�..A. W IViil"tl ry t nc ll_oruc>;'NiA tcw 5COPEANDPR1-CjK SHEETS 02/16111 Pn,mi. tnNM I2iS PM P��.e. 16-Feb�Il doll, 6 -Feb -ll PAGE 63 * B Tv Of Descriptfon)Scope of Work Quantity Unit CosUUn!t Total Llquld soap dispenzer Vendor sanitary napkin Saniary napkin dlzpozal unit Toilet sea[ cover dlspereer Combination vowel d'rspenser(Waste receptacle- folded vowels e-38034 olmlme serves recessed paper [owel dispenzer and wane recepade Mirror 2' x 3`in—, 102800H Under lara[ory Guards Library 1.0 Ixum 14,44665 14.447 Grab bar Tells, [issue dispenser B-2840 surface mounted polar dlspense and utility shelf liquid soap dispenser Vendor sanitary napkin Sano-, napkin disposal unit Toilet eeae cover dispenser Combination mwel dlryereedwaste receprade-folded towels B-38034 vrimlioe senex recessed pa per towel dispenser and waste receptade Diaper changing station baby changing station - K8 110 - SSRE horlxonal recessed sandexz steel baby changing station Ural screen Toilet partition Toilet partition HC Mirror - backlit 2'-4"x4'-8" 102800H Utility Shelf Mop and broom holder Paper towel dispenzer: lolded [ow els Towed homers Under lavamry Guards Warm air dryers 85,130 Alternate: Grand Total Toilet Compartments 85.130 08 90 00 $8 Wuvnrs is, ways Phase III with sheet meal Lcuie,y Louvers a[ mechanical penthouses Loneers in [hiller room PAGE 63 M Drivel eenter.. d Park q.,—a. 1-1"a VM s s[L4xash 49 wnR 16-Feoi1 Bl 11_1)1:#53i YG4. 19 v .7 l01 ;C DEE AND PRICING SHEETS 02116/11 16 -Feb -II PAGE 64 Budgetlt Deuriptionl5cope of Work Quantity Unit CosWnit Total Community room --- _ rs at mechanical penthouses Chambers ------- 4 Locanionz: I wl a concealed door Add for concealed door Library Lou veu Add for concealed door tRan Grand Total Louvers & Vents 102500 84Will' andD>WARMauao Phase 111 — Cornerguards 100 each 228.11 2,281 Wall and corner guards LO Isum 1,576.46 1,576 Community room Wall and corner guards I0 Isum 1,5]6.46 1.576 Chambers Wall and corner guards 1.0 Isum 1 576.46 1576 Library Wall and comer guards 10 Bum 1,57646 1,576 8,587 * 91S5Grt9ii+ Grand Total Wall and Door Protecti 8.587 * 1011 00 85 vw"l DaplaySurtatea Phase III Bullar, boanlsl whine boards 10 Isum 10.13800 10,138 Smra, cages In the basement 0 Ivaco 7,603.50 7,604 to I 1 00 Visual display board mockup for each form of 1.0 Isom conetrumon 80000 800 PAGE 64 CV Drive New.00tt Beacb Ci..y�,C d P 11�.�1F• �ignrt Beach CA R, I'VENS 5IYi:1i IY19 5CQPEAND PRICING SHEET OI/16III a�,aa. 16�Febe1 I eanm 16 -Feb -II + Budget# DescriptioNScope of Work Quantity Unit Costfuut Total 18.542 Alttmores Grand Total Visual Display Surfaces 18.542 PAGE 65 M. [ T j Driver Ngw�eLBeech Clvl�n k ilairkTR�Y� lIIf�wpplBeach CA BOIL6t.Ri SIALI, ta1U $COPE AND PRICING SHEETS 021W1 t .na,.e a16�Peb-1lr .71c1 16 -Feb -II PAGE 66 Budget# Description/Scope of Work Quantity Unit CostlUnit Total Grand Total Fire Extinguishers 2,299 + 2741 00 105 Audiavisaa#Systensv Phase 111 with elemical Com and center Breakout rooms Sound masking — Digital displays Community room Community room Chambers City council chamber. NBTV room, video oek"oce room Library _ library media lab Agfvm10 Grand Total Audiovisual Systems ,11 5213 89 pru1d0.dPn 811Y68gx xpdwwlacxyr MouKa— i Phase III Audio visual equipment is with Electrical Phase III TV's 10 each with a/v Community room Retractable projector screen wl 117' x 6 8' 0 each are, screen of tack wall behind 12,000.00 12000 Video pro,ector I.0 each with a/ v Mounts 10 each 1.100.00 1,100 Chambers _ I' x 6' Projection screen 42.0 sqk 65.00 2.730 13' T, x B' Projection screen 1070 sgla 75N 6,025 S x 6' Projection screen 960 ,it 6sbo 6.240 Mounts 30 each 1.50000 4.500 TVs in NBTV room none shown 3 0 each with a/ v TVs 30 each with aI Library PAGE 66 ad Park C.W. Driver "`PQ Newport Heath CF NC11_O ENS "'CA, 1914 02116111 v.m,Ra 16 -Feb I I 507101 I6 -Feb -II PAGE 67 • eutlgetlt DescriptionlScope of Work Quantity Unit CostlUnit Total 7' x 6Projection screen 420 sgft 6500 2.730 Mounts 10 each I, 100.00 1,100 Ns (in medla lab nov shoo, on drawings but each with al v coo.red) 36,425 Alierastea Grand Total Projection Screens and 38,425 Soft cos AII.'rust -,"- Grand Total FF & E II4000 library Food service - in he tale- Sub proposal 1,0 Isom 12070.00 121,970 121,970 Alternates Grand Total Food Service Equipmen 81,970 * ' 11 31 00 yQ Ros do"in f Apyfuns, s Phase III Microwaves 130 each 455.00 5.915 Compact Refrigerators 90 each 200.00 1.800 Refrigerators 50 each 1750.00 8,750 Compact dishwashers 10 each 75000 750 Dishwashers 2.0 each 75000 1,500 Icemakere 20 each 155.00 310 I".11ation 320 each 7500 2.400 Vending machines 20 each NIC PAGE 67 G.W.Driver Newoo 8ea<hco-'NettJzndPac Newport Beach C9 ll 41II.Il6-N-ti SI\t:h 19IY ee7I01 $S.QPE AND PRICINy_5tJEETS 02/16/11 16 -Feb -II ' Budget# DescriptionlScope of Work Quantity Unit CosNUnit Total 21.425 AI[t_m a�6 Grand Total Residential Appliances 21,425 PAGE 68 G .+ Driver _fir[ 6e C£RSSLd Palk Kt t[A)FN5 SIVA 1411, jfiQTE A_N-Q_PRI IN SHEET 02/16111 P—ma.I :I 16 -Feb -11 .7101 I6 -Feb -II PACE 69 Budget# Descriptiord Scope of Work Quantity Unit Cocunit Total Grand Total Roller Window Shades lei,000 w %124813. 95 Eutraima Froom Mata and framas 12 48 16 En[mnce Floor Grilles Phase ill Mac 50 each 2.28105 11,405 Community room ' Mat L0 each 2,534.50 2,535 Chambers Entrance floor grilles-WOM 2300 sgft 4500 10710 Library Mat 10 allow 3,548.30 3548 28,190 r, Grand Total Entrance Floor Mats an, 28,198 a ! 1261 09 ., $ Ftitsd Audhiyc`e,'gwtiRg;, Chambers Seating 1630 each t,22800 198.860 Premium Upholstery 10 I'um with allowances 12 61 00 Mockup for each type of seating LO alive - 2.50000 2,500 Insdllation 10 Isum 13A0000 13.000 214,360 Alternates Grand Total Fixed Audience Seating 214.360 1331 23 g7'{§Pyiona4 Pabrl9 6irnuarpgSaO Chambers PTFE hbnc panels over steel sub -frame 2,2280 xgft 93.35 207991 Mockup 1 0 alive 21.840 00 21,840 FO 009 Add for 2nd layer of fabric 0 Isum 85.00000 85000 314,831 A�grpg;ey _ PACE 69 C . PV DrLver <='u. dPxrk Newoort Beach CA Hi t. nli us ciceh 11.11 07/16/11 e+� I6- b -II .IN, 16 -Feb -II PAGE 70 Budget# OescriptioNScope of Work Quantity Unit CosHUnit Total Grand Total Tensioned Fabric Struci 314,831 § 48 14 13 48 Photovoihdcsyseem ;,. — _ -- Alternate Aln Grand Total Photovoltaic System a . 14 10 00 '99 Manurial Nuolip$ 6hr`,as Library._— Dumbwaiter 1.0 1'.. 5069000 50.690 50.690 AIS Grand Total Material Handling Carts 50,690 4 14 21 0.0 k09 vurri 7777777:. Phase III Elevators -. LO each 240,000 240.000 Add for brake release to be located r, remote 2 0 each 2.SW 00 ontrol room 5.000 Use du— . ........... 20 monthndoded Ac.uuucal Isolarors (or elevamr equipment L0 allow .luded Temp barricades 101sum 1,444.00 1,944 library Use during'An ...... on I 0 month n.v Intluded 246,444 .w AI(ernotg5 — Grand Total Electric Traction Elevat 246,444 • 21 1000 ;OI pi'ptewivaa PAGE 70 CrFTr�� Newsort Beac C'v'c Center 101 1314, e"1., 1n111"I'rm .WDriver Beach CA .w= I6-Felrll RI II )ERS SIVCk t9I4 p0>I01 02/16111 16 -Fel, I I PAG 11 71 Budget# DescriptioniScope of Work Quantity Unit CostfUnit Total 015.1 Fire Protection 10 Ism, 667,156 667.1% .Phase -- In Fire sprinklers including the area above the wood ceding -curved in some places r Fire sprinklers axoof overhangcl not inuded Fun sprinklers at access Ooor not included Com nity cmus Add for kitchen -Fire sprinklers Chambers Library no Dean agent or (are -action system t5 included In any locations Add for ty ng into ex sang system at the library 1 0 Isum 2,777.00 2,777 -- -- Fire watch 320 m,h 77.00 2.464 672,397 Al>71� Grand Total Fire Protection 672,397 a 22 00 00 192 "kis 2205 00 Common work results for plumbing 2205 19 Meters and gauges for plumbing piping 2205 23 General duty valve: for plumbing piping 220529 H angers antl supports 5or plumbing piping and equipment 22I S 53 Identification for plumbing piping and equipment 220700 Plumbing insulation 321116 Domestic water piping 22 11 19 Domestic water piping specialties 22 13 16 Sanitary waste and sent piping 22 13 19 Sandal waste piping sp.ci.lres 22 13 29 Submersible Pump Systems 22 14 13 Facility storm drainage piping 22 33 00 Electric domestic water beaten 22 34 00 — — 224000--�---Plumbing Fenefired domestic water beaters Baturez 224900 Facility natural gas piping 23 51 00 Breeching; chimneys and stacks a z applies 31 23 33 ren Trenching and 8-11.0ing 0152 ipmdoes, 10 Isum 987,03000 987.030 Phase 111 PAG 11 71 C.W.Driver Newport Bea <vcCe hm+- uaiixnaI NewoQtl&fash" CA 1 6 -Feb -1 Kt l.Dh. Ns RIV(F: IRi" uarlal $SORE AND PRiQNCC SHEETS 02)16f l l I6 -Feb -II PAG9 72 ' Budgedi DescripcioNScope of Work Quantity Unit cosWNt Tutal Sanitary waste and vent Stumm drainage All underground plumbmg to 5fc line Domezfc water systems Pipe & dura insulation Rain leader piping Low flaw plumbing fixtures WH/ l Gas water heater SE -I Sewage eieceor SP -I Sump pump WC -1 Water dozet(handy) WC -2 Water closet lAV-I Lav handy UR -I Utmal -light powered and charge themselves -per meeting on 10-6-10 SK -I Sink MS -I Mop sink FD -I Floor drain 2" FD -2 Floor drain 4" ED -I Equipment drain HB -i Hose bib - Show -_ _ -- -- --- 4' Reef & over0ow drain — — Roof & overtlow drain going through &ot 360 lot 475.00 ].100 FCO floor cleanout PRV station (Pressure Reducing Valve) K¢cheoette rough In Misc sound Vrmealon measures 120.4040 s,ft 044 53.013 Gas regulamr SK 4 sink noe on legend Recycled water connection Cam nit, ricnam Sanitary waste and vent Storm drainage az shown All underground plumbing to Sh line Domestic waver s,,nms Pipe& ductlnsul'nom Rain leader piping Low flow plumbing fixtures - WC -1 Water doset(Hand,) _. WC -2 Water doze[ LAV -1 La. handy UR -I Uomol ligh, powered and charge themselves per meeting on 10-6-10 UR -I Urinal light powered and charge themselves - per meeting on I0-6-10 - DF -I Drinking foumam FD -I Floor drain HB -1 Hose bib Kltahm sink Jam or sink PAG9 72 Driver Newport eczrh Core Center and P111,1 a 11111 11.1 C.W. N R A,,h_QA 16 -Feb -II Hi H (114R+ ShCR lvty p6]l01 03116111 16 -Feb -II Budget# DescriptioniScope, of Work Quanfiry Unit CostlUnii Total Roof dram Refrigeator rough in Additional sound pcomc ,st measures in, domezdc lmez In sound rated walls WCO 4Storm drain POC 5" Sanitary sewer POC Chambers Sanitary cat. and vent Storm drainage as shown All underground plumbing to 5h Iine ---- Domestic water rynemx-------_---_--_- Pipe &duct insulation Low flow plumbing figures ENeW I Insam sumer heater WC -I Waterdozet(Handy) SK -I Sink. uv 2 FD -I Floor drain Poor dram Janitor sink Library Sen., waste and vent Storm drainage as iboom All underground plumbing to Sh line Domestic on, symemz Ppe & duct insulation Low flow plumbing fixmrez SK -1 Sink WC -I Waterdoset(Handy) WC -2 Water close[ UR -I Urinal -light powered and charge themselves - per meeting on 10-6-10 DF -I Drinking formation FD -I - Floor drain 2" FD -2 - Noor drain C Additional ionto protection measures for domestic lines in sound rated walls Janitor sink ED -I - Equipment drain - T' acid resistam crated Flex connection across seismic joint at library POG at library Connect to ning CW Park Drinking fountain 20 ea 4,SS500 9.110 PAGE 73 NwpoBeach c C;teoroand Park myu tEeenx Driver q- 16 -Fob- I I RLiLUI[RS SISC6 1910 aenol 02116111 16 Peb-II PACE 74 " Budget# Descriptiur1S<ope of Work Quantity Unit CosdUnit Total '066253 Aftermtes Grand Total Plumbing 1,066.253 + 23 00 00 tal WAVC 230500 Comm on work results for HVAC 23 05 13 Common motor requirements for HVAC equipment 230516 Expansion fittings and loops for HVAC piping 2) 05 19 Meters and gauges for HVAC piping 23 OS 23 General duty valves for HVAC piping 23 05 29 HVAC supports, guides, hangers and a v cher 23 OS 30 Pipe and pipe fittings 23 05 40 Vibration Isolation and seismic restraints 23 05 53 Idsonfi,ation for HVAC Piping and Equipment 23 05 93 Testing, Adjusting, and Balancing for HVAC 23 07 0 Ductwork insulation 23 07 16 HVAC equipment insulation 23 07 19 HVAC piping insulation 23 08 00 Commissioning for HVAC Support only 23 09 03 Cip—mr workstations 23 09 23 Imtromentatl a and controls for HVAC 23 09 93 Sequence of operations for HVAC control 232116 Hydropic piping specialties 23 21 18 Underground chilled water piping 23 21 23 Hydrvmc Pomp, 23 23 00 ReGigeratlon piping and specialties 23 25 00 Water treatment 23 31 13 HVAC sheet metal ductwork _-- 23 31 16 HVAC flexible dnawork 23 33 00 Air duc <essories 23 34 00 HVAC fans 23 36 00 Air Terminal Units (23 36 00 Air Flow Carousel Dericez) 23 37 13 Diffusers, registers and grilles 23 41 00 Air treatment equipment (fitters) 23 51 00 T renchings, chimneys and stacks The boiler chimney is in the Inc. 23 52 16 Condensing boilers 23 57 00 Heat exchangers for HVAC 23 64 23 Scrollwater chillers 23 65 00 Cooling rowers 23 73 DO Cusmmized central station air handling PACE 74 Me Driver � B h d Pa P Ivlaee NgwRort Big 16 -Feb -I I Yc[LO GRe 4[YCfi wYn x8]101 S4A.�EAND PRICING SHEETS 02116111 6 -Feb -II PAGE 75 Bodges# Descriptionl5cope of Work Quantity Unit CostfUnit Total 23 81 23 Computer Room Air Handling Units 23 81 26 Spl t system aa, conditioners 23 82 19 Gan coils — --- —� 23 82 33 ---_--Perimeter terminal Unit Heaaer(218233 Con ectorx) _---- 23 83 16 Radiant heating hydrant piping as applies 31 23 33 Trenching and Burlingng 33 61 13 Underground Hydrate Energy Distribution 015.3 'HVAC Acoustical Isolation Phase III HVAC subpropos I Ia Isum 006,52900 6,906,529 Chilled water system High Kcienry screw chillers of V 9 tons High efficiency sic ew chillers of 106 cons Chilled water pumps VFD, for chilled ware, pumpsz 4500 METH external cooling tower Condenser water pumps Chilled water distribution for an (5) afr handlers Underground condensing water piping including exavetlon and backfll Underground chilled and mad, hot water richda, excavation and backfll Heating Hot Water System Condensing boilers -high efficiency 799 MBTUH each Her water pumps to circulate hot water VFDs for hot water pumps Heating hot water distribution piping to serve ,he (5) air handlers and the beating reheat zones 4500 M8TH external cooling tower Cl lled and hearing water air handlers wl VFD Relief/exhaust fans serving the 3 air handling runs Under Noor cooling zones with perimeter reheat Under Noor swirl diffusers Under floor 4 foot floor linear with reheat coil -for radiant heating Under Noor supply linear diffuser at perimeter Package stand alone dx fan coil up, VRV type with a common conden 13 Units will have a a tea condensing un ts. Lieber, Stand alone soft rycrems Sound raps Exterior wall louvers Additional acoustical isolation 902190 ,it 0.60 54.131 PAGE 75 W. Driver a ac d Park Newdort seam Cg 91 ILOkRY 11\t f, 191, I., vrdrrr,ar, r.m,.e. 16Fte,II asnm 16 -Feb -II PAGii 76 " Budget# DescriptionBcope of Work Quantity Unit CostlUnle Total Thermal expansion and seismic separation 1,0 Isum 33,00000 33.000 - - Tide 24 insuhdon Air test and balance 23 05 29 Mockup of each type of pipe support cnndlcions (hsc,,, penenratton, fire Bopp) 12,0 each 65600 7,672 23 33 00 Mock, smoke damper install,r.0 complete with wall framing, wallboard, well opening rile, pieces, perimeter mounting angles, sleeve, breakaway duct connection, and duct moke detector access door 10 Isum 4,55500 4,SS5 Community room Chilled and heating water air handler Refeflexhaust fan serving the air handling unit kadiant moiingiheating Cooling only VAV zones for kitchen and controls rooms _ Exhaust for kitchen, and support spaces. Plate and frame heat exs8anger to serve radiant Ooor in community room Dedcased cooling redant system Under floor duct mains (or venvtsudn are mduded and i vended for installation in v ench b,.Per, Controls 2" of "PEPP liningat Area Way W50 at the basement of the Civic Center per note 12. M 1.04. 2,926.0 sgft 2,75 8.164 Additional acoustical isolation J.VJ 0 soft 050 3.589 Title 24 intonation amluded Air test and balance Chamber, Chilled and heating water air handler Reltepexlnun Un serving the air handling unit General e.bar" for support spaces. Under hoot it.,, mains for ventiladi are included and intended for Insplla[iom in the ench by others Under find, swirl diffusers __— Under her, duct mains for ventilation are uddded and intended for msoliation in trench by others Controls Addltii ncu,ncal isolation 5.8160 soh 1.00 5816 Title 24 insulation included PAGii 76 M. Driver H e SyC� Park fgewnort Beach CA at 11,11, RI itACP. 1919 SCOPE AND PRICING SHEEU 02116/11 1-1 lash„ res 16 -Feb -11 aenm 6 -Fell I PAGE 77 Budget# DescriptioniScope of Work Quantity Unit CosWnit Total At, text and hal xnce Library Install l remove temp filters for the remodel 1.0 1sum 2,500.00 24500 DX Custom package AHU Split rys[em VRV Fan call Exhaust has VAV zones with supply and return diffusers Controls $ub contractor cost for r,ilocatii of uthre, from existing plant with phareI Additional acoustical isolation sgft 1.50 -- -- --- —Title 24 insulation sgft reduded Air test and balance only for addition sgft 01 A -r test and balance for the entire bulidlng is not induced not ncluded ],026,1]6 Grand Total HVAC 1,026,116 B 260000 r?jg�q%:es[ez4. 2605 00 Common Work Results For Eleadnl 26 us 19 Low Voitage Electrical Power Conductors And Cable _ 26 05 26 Grounding And Bonding For Eleadcai Systs 26 05 29 HangersAnd Supports For Electrical Systems 26 05 33 Raceway And Bones For Electrical Systems 26 05 53 Identifcalion For Elstbiral Systems 26 08 00 Commisioning Of Electrical Systems SupPort only -- --- 260933 Central Dimming Lighting Controls 2609 26 Lighting Controls 26 2200 low Voitage Transformers 26 24 13 Switchboards 262416 Panel boards 26 22 13 Electricity Metering 26 21 19 Modular Wiring Systems (Addendum &2) 36 22 36 Wiring Devices 26 28 Ib Switches and Circuit Breakers 26 29 13 Endued Hot., Cmalreltets 262923 Variable Frequency Drives 263200 Packaged Generator Assemblies PAGE 77 G.V. Driver N on Bead L. r d p k Ngwgmr(e¢acry CA fl I1L(Y IikG SIACfi IVI4 SCOPE AND -PRICING SHEETS 02116111 eon 1,1..,1.1M Z.- 16 -Feb -II .7101 16 -Feb -II PAGE 78 * Budget# Description/Scope of Work Quantity Unit CosuUnit Total 263623 Automatic Transfer Switches 26510. Interior Lighting 26 56 00 Ezrerior Lighting - Lighting Pinure Schedule s applies 31 23 33 Trenching and Barkhlling ---�- ----- -- ��- - 114100 Audio visual system Sound Masking system Mass Ex Street fighUel,,m, l adjustments by owner phase III 016.1 leleancal subproposa 1 —�- 1.0 Isom 9,408,66400 _ 9.408,664 _ Ele,,o.1-including Coordination drawings/BIM support Primary, secondary &emergency site feeders Normal and emergenq switchgear & feeders mduded Power feeders for equipment torment..., induded Building lighting fixtures included Ce .n, leed lighting comms, udlivng control panel, for specified levels of daylight harvesting and dimmable controls. Included Lighting branch and loaf lighting control devices included Power branch, devices &miscellaneous equipment & shades c mocm,o, mcluded Complete voicOdata system cabling and de,,,t, induded Complete fire alarm included Complete secunry system Included Cote." I., AN zysem induded AN system included Design build fire alarm life safety system. included Use of code approved wiring methods. included Parallel 300kw generators. 'mcluded Installation of VFDa and pump control panels fum,le,d by others. induded Use underfloor power distribution systems. induded Power distribution m Inco., parking induded LEAD certi0ca[ion support. mcluded Connection of window actuator moto, az,umes control by In., induded Empty conduits stubbed to within 5of fuer, park'mg zn-econ, mcluded VE Delete concrete encasement of the ducts included South coast air quality management diorict permits. Lo allow 25,000 N 25000 Temporary power Add for testing /grounding coordination adi-on,ute at raised I., 710000 "ft 037 26.270 Fuel tank for generator with pad day tank only 265100 Interior lighting fixtures for room or module mocku,. complete with power and control connections 10 Isum 6,500.00 _ 6.500 Provide power at North Park , Commie, 0 Izum 5,00000 5,000 PAGE 78 M. Driver N rte F C 4enter and Park nPI — m.11 1.1 . NN expgrbAt3{h,�A 16 -Feb -I I RI'II-UI'.RS 4III I '',19 treliol 02116111 16 -Feb -II PAGE 79 Budgetit Description/Scope of Work Quantity Unit C.,t it Total Theatrical Ggnting az in on the piping __. Library 5ce electrical description above Safe off l a[ relocate existing utilities large pendant fixture relocation 10 LO allow Isum 15.000.00 2,500.00 15,000 2,500 Down sigh[ relocationa ' above Emergency light relocation in above Column light relocation n above — _--- car sign reicuoineg ro above book stack fixmre remowl and reworkinga ' above Fire alarm in above audio speaker relocation in above duplex receprade relocation in above Adjustment for existing conditions/ coordinating with garage 4000 mnhr 127.00 50.800 Site Lighting fixtures Security in the garage Primary electric cervi Secondary electric service Electrical «an(ormer Connect to existing TVltelecommlelectrial Connect [o existing TVltelecm»mlplectrial to remain function box putty flreemp insulation in sound and fire rated walls per 5 A902 Fixtures m tr'egarage 3560 10 each Isum 14750 24,28800 52.510 24.288 Connect I[est fire alarm to Phase IF Low vsub, for fans for garage LO 1.0 Isum Isum 4,55500 5.11000 1555 5,110 VE Delete concrete encasement of the duces accepted 9,626,1.97 Afteo nto ' Grand Total Electrical 9,626.197 * 270000 i] OS 00 Common Work Results Far Communication Systems 2] 05 26 Grounding And Bonding For Teiec cations Systems 27 IS 28 Pathways For Communications Systems 2]0543 Communications Underground Ducts And Raceways $]0$5) IdenC (cation For Communications Systems 27 11 00 Communications Equipment Room Fittings 27 1300 C.-commcaelons Backbone Cabling 27 IS 00 Cummr.ni,fle ns Horizontal Cabling 27 16 19 Communications Patch Cords, Station Cords &Cross Connect Wire PAGE 79 C.W. Driver=Pon �e 1i4 ��d d NgwnoH BeacM1 CA RI IIJ)F&S Si,t 191v SCOPE AND PRICING SHEETS 02116111 nm �� 016 -Feb -11 40] 101 16 -Feb -II PAGE 80 Butlget# Des<riptionlScope of Work Quantity Unit CostlUniY Total 22 51 19 Sound Masking Systems Am once Grand Total IT !a' 280000 •, ^.' iU?kkiraare,Sa[ety4Yp4fikt5' >„ , ,, 28 00 00 Electronic Safety and Security 280s 13 Security Conductor and Cables 280610 Schedules For Electronic Access Control 28 06 20 Schedules for Electronic Surveillance 28 06 60 Schedules For Electronic Emergency Aid Ens Ices 28 to 00 Electronic Access Control and Intrusion oetereen sy.<em _ 20 23 00 Electronic Surveillance system 28 26 23 Electronic Emergency Aid Device 20 31 00 Fire Alarm System 28 35 00 Refrigerant Desertion and Alarm — 30 50 Oa Unineercuptible Power Supply System 28 60 00 Security Consoles and Cabinets Parking Garage Low voinge 10 I'urn with eleari<al AISSCl141t£ Grand Total Electronic Safety And S " %01 23 00 t" Altetnema separate fie Al�matez PAGE 80 p,GW,, Driver N_ '—� I6-F1e1=b-,a1P1n iIt ULf)1'. R8 SIA(_4: 1911, %87101 SCOPE AND PRICING SHEETS 01/16/11 16 -Feb -II PAGE 81 m `o _ a o c p Q Z u' a G m o 'm E a o m o N u � m v m m o_ a" N N a u O a O b o o i = 4 v a o N e n " O k d N m `o _ a o Q �V a G o 'm a o m - N m m o_ a" N N t O a O b o o 4 v a o N e n " O k d N O a � � 9 Z _ Q 0 Y L b u ,N a -o ¢ V v a ¢ O L y W � L O U i yy u u u u u u u V � P • v�tl - L 40 c —_ y� N iu N d c > �p W � a W m b S m `o t a t u n e ¢ V U ¢ u u u u u u u s S Q v E E - a - Ha v v A 2 V V V o U V V o m `o • ny �1 7 x Y rt CL V ro Y N C v Lei � � N f 3 m a v n � Q v o a i u - c o m ¢ u a Q - m o _ O rc u u u u u 0 S F C Q_ q Q W m F a u - i o F N - Q U J z z n u Q Q � V A m 6 Q 9 * y Q P C I O < 3 � v m Z u Z 5 7 6 E E i T 5 = % N y mL C E S 3 u a 3 z n u Q Q � V A m 6 Q 9 * y Q P C < v m Z Z 7 6 i T % N y C d _ O K d N � F 2 ^. Z 4 co c w t w i � s Y b i9 y O V L ~ S v � Z L I o eb O I ro February 16, 2011 Newport Beach Civic Center and Park Phase 3 GMP Summary of Allowances The following allowances are included in the Phase 3 GMP to cover various unknown cost items as noted. Costs applied to these allowances will be administered in accordance with Specification Section 012100. Allowance monies not expended are returned 100% to the City. I. Furnish and install the large sliding glass door at the Council Chamber. $110,000 2. Furnish and install the large metal folding doors at the Community Room. $150,000 3. Furnish and install up to 30 additional steel beam penetrations of up to 4" diameter. $36,000 4. Additional field touch up of interior paint. $10,000 S. Provide a professional Facilitator /Training company as required by Specification Section 01 79 00. $25,000 6. Provide a professional videographer to videotape demonstration and training as required by Specification Section 01 79 00. $24,000 7. Adverse conditions/ rock drilling for tie downs $20,475 8. Additional depth /adverse conditions for piles at landscape bridges . $9,000 9. Willow sculpture designed and installed by Patrick Dougherty. 7 pieces in each sculpture. $75,000 10. CWD support for the willow art installation. $25,000 I I. Remove and replace glazing at existing clerestory windows at the Library. $134,000 12. Provide premium upholstery at Council Chamber fixed audience seating. $50,000 13. Furnish and install book theft deterent sensor system at Library. $10,000 TOTAL $678,475 EXHIBIT "A" CONTRACT DOCUMENT LISTING NEWPORT BEACH CIVIC CENTER AND PARK PROJECT FEBRUARY 04, 2011 VERSION 1.0 THE LISTING BELOW COMPRISES ALL OF THE DOCUMENTS INCLUDED UNDER THIS CONTRACT. UNLESS OTHERWISE NOTED, ALL DOCUMENTS ARE AS PREPARED BY BOHLIN, CYWINSKI, JACKSON. DRAWINGS ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0001 CSI Bohlin, Cywinski, Jackson 11/4/2010 1 1/ 18/2010 0002 BI.00 Bohlin,Cywinski,Jackson 11/4/2010 11/4/2010 -60-63 B1.01 _ Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0004_ B1.02 Bohlin,Cywinski,Jackson 11/4/2010 11/18/2010 0005 B1.03 Bohlin, Cywinski, Jackson _ 11/4/2010 11/18/2010 0006 81.04 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0007 82.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0008 B2.02 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 0009 C01.01 ARUP 11/412010 1/20/2011 0010 C01.02 ARUP 11/4/2010 11/4/2010 0011 C01.03 ARUP 11/4/2010 11/4/2010 0012 C01.04 ARUP 11/4/2010 12/10/2010 0013 C01.05 _ ARUP 11/4/2010 12/10/2010 0014 CO2.01 Hall & Foreman, Inc. 11/4/2010 11/4/2010 0015 CO2.02 Hall & Foreman, Inc. 11/4/2010 1114/2010 0016 CO2.03 Hall & Foreman, Inc. 11/4/2010 11/4/2010 0017 0018 CO2.04 CO2.05 Hall & Foreman, Inc. Hall &Foreman, Inc 11/4/2010 11/4/2010 11/4/2010 11/4/2010 _ 0019 CO2.06 RBF Consulting 11/4/2010 11/4/2010 0020 CO3.01 ARUP 11/4/2010 12/10/2010 0021 CO3.02 ARUP 11/4/2010 12/10/2010 0022 CO3.03 ____... ARUP 11/4/2010 12/10/2010 0023 CO3.04 ARUP 11/4/2010 12/10/2010 0024 CO3.05 ARUP 11/4/2010 12/10/2010 -- 0025 CO3.06 - --- ARUP 1114/2010 12/10/2010 0026 _ CO3.07 ARUP 11/4/2010. 12/10/2010 0027 CO3.08 ARUP 11/4/2010 12/10/2010 0028 CO3.09 ARUP 11/4/2010 12/10(2010 _ 0029 CO3.10 ARUP '. _ 11/4/2010 12/10/2010 0030 C04.01 _ ARUP 12/10/2010 1/20/2011 0031 C04.02 _ ARUP 12/10/2010 1/20/2011 0032 C04.03 ARUP 12/10/2010 1/20/2011 0033 C04.04 ARUP 12/10/2010 1/20/2011 0034 C04.05 ARUP 11/4/2010 12/10/2010 0035 C04.06 ARUP --- 11/4/2010 11!4/2010 0036 _ C04.07 ARUP 11/4/2010 11/4/2010 0037C04.08 ARUP 11/4/2010 11/4/2010 _ 0038 C04.09 ARUP 11/4!2010 12/10/2010 0039 C04.10 ARUP 11/4/2010 11(4/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 2 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0040 COS.01 ARUP 11/4/2010 12/10/2010 0041 C05.02 ARUP 11/4/2010 12/10/2010 0042 C05.03 ARUP 11/4/2010 12/10/2010 0043 C05.04 ARUP 11/4/2010 12/10/2010 0044 C05.05 ARUP 1114!2010 12/10/2010 0045 C05.06 ARUP 111412010 12/10/2010 0046 C05.07 ARUP 11/4/2010 12/10/2010 0047 C05.08 ARUP 11/4/2010 12/10/2010 0048 C05.09 ARUP 11/4/2010 12/10/2010 0049 CO5.10 ARUP 11/4/2010 12/10/2010 0050 Cos. II ARUP 11/10/2010 12/10/2010 0051 C05.12 ARUP 1 11/4/2010 1114/2010 0052 C05.13 ARUP 11/4/2010 11/4/2010 0053 C05.14 ARUP11/4/2010 11/4/2010 _ 0054 C06.01 ARUP ___ 11/4/2010 _ 12!10/2010 0055 C06.02 ARUP I I/4/20 00 1/20/2011 0056 C06.03 ARUP 11/4/2010 11!4/2010 0057 C06.04 ARUP 12/10/2010 1/20/2011 0058 _ ' C06.05 ARUP 11/4/2010 12/10/2010 0059 _ C06.07 ARUP 11/4/2010 12/10/2010 0060 C06.08 ARUP 11/4/2010 12/10/2010 0061 C06.10 ARUP 11/4/2010 12/10/2010 0062 C06.11 ARUP II/4!2010 12/10/2010 0063 C06.12 ARUP _ 11/4/2010 12/10/2010 0064 C06.20 ARUP II/4/2010 11/4/2010 0065 C06.21 ARUP 11/4/2010 1/20/2011 0066 C06.22 ARUP 11/4/2010 1/20/2011 0067 C06.23 ARUP 11/4/2010 1/20/2011 0068 C06.24 ARUP 11/4/2010 1/20/2011 0069 C06.25 ARUP 11/4!2010 11/4/2010 0070 C06.30 ARUP 11/42010 11/4/2010 0071 C0631 ARUP 11/4/2010 11/4/2010 00-72 C06.32 ARUP _ 11/4/2010 11/4/2010 0073 C06.33 ARUP 11/4/2010 11/4/2_010 _ 0074 0075 _C06.34 ARUP C06.35 ARUP 11/4/2010 - 11/4/2010 11/4!2010 11/4/2010 0076 0-077-007 C06.37 ARUP -01ARUP _ 11/4/2010 11/4/2010 11/4/2010 12/10/2010 0078 C07.02 ARUP 11/4/2010 12/10/2010 0079 C07,03 ARUP II/4/2010 12/10/2010 -60-80-C-04 C07.04 ARUP 11/4/2010 12/10/2010 0081 C07.05 ARUP 11/4/2010 12/10/2010 0082 C08.00 ARUP 11/4/2010. 11/4/2010 0083 C08.01 ARUP 11/4/2010 12/10/2010 0084 C08.02 ARUP 11/4/2010 12/10/2010 0085 C08.03 ARUP 11/4/2010 _ 12110/2010 Exhibit A - Contract Document Listing Page 2 of 26 1 NTRACT DOCUMENT LISTING PAGE 3 OF 26 ORIGINAL LATEST ED BY ISSUE DATE REV DATE Exhibit A — Contract Document Listing Page 3 of 26 11/4/2010 12/10/2010 11/4/2010 11/4/2010 12/10/2010 12/10/2010 11/4/2010 12/10/2010 11/4/2010 __ 12/10/2010 /1/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/20110 11/4/2010 11/4/2010 11/4/2010 11/4/2010 1/2012011 11/4/2010 —12/10/20 10 11/4/2010 1/20/2011 11/4/2010 12/10/2010 11/4/2010 12/10/2010 talker Partners 12/10/2010 1/20/2011 talker Partners 12/10/2010 ___ 1/20/2011 talker _ Partners 1114/2010 12/10/2010 talker Partners 11/4/2010 11/4/2010 talker Partners 11/4/2010 12/10/2010 talker Partners _ 11/4/2010 12/10/2010 talker Partners 12/10/2010 1/20/2011 talker Partners 11/4/2010 12/10/2010 talker Partners 11/4/2010 12/10/2010 talker Partners —11/4/2010 12/ 10/2010 talker Partners 11/4/2010_ 12/10/2010 talker Partners 11/4/2010 12/10/2010 - talker Partners 1 1/4/2010 12/1012010 talker Partners 11/4/2010 12/10/2010 talker Partners 11/4/2010 12/10/2010 talker Partners 11/4/2010 12(10/2010 talker Partners 11/4/2010 12/10/2010 talker Partners 11/4/2010 12/ 1012010 talker Partners 11/4/2010 11/4/2010 talker Partners 11/4/2010 12(10/2010 talker Partners 1/20/2011 talker Partners __ _12/10/2010 12/10(2010 1/20/2011 talker Partners 12/10/2010 1/20/2011 talker Partners 12/10/2010 1/20/2011 talker talker Partners Partners _ 12/10/2010 11/4/2010 1/20/2011 12/10/2010 talker Partners 11/4/2010 11/4/2010 talker Partners 12(10/2010 IJ20/2011 talker Partners _ 12(10/2010 1(2012011 talker Partners 1 1/4/2010 12/10/2010 talker Partners 11/4/2010 12/10/2010 talker Partners —12/10/20010 1/20/2011 Exhibit A — Contract Document Listing Page 3 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 4 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0132 -- L04.01 Peter Walker Partners 11/4/2010 12/10/2010 0133 0134 1_04.02 L04.03 Peter Walker Partners Peter Walker Partners _ � 11/4!2010 11/4/2010 12/10/2010 12/10/2010 0135 L04.04 Peter Walker Partners 11/4/2010 12/10/2010 0136 1_05b I Peter Walker Partners 1 1/4/2010 12/10/2010 0137 1_05.02 Peter Walker Partners 11/4/2010 12/10/2010 0138 1_05.03 Peter Walker Partners 11/4/2010 12/10/2010 0139 L05.04 Peter Walker Partners 11/4/2010 12/10/2010 0140 L06.01 Peter Walker Partners 1114/2010 12/10/2010 0141 L06.02 Peter Walker Partners 11/4/2010 12/10/2010 0142 _. L06.03 Peter Walker Partners 11/4/2010 12/10/2010 0143 1_06.04 - -------- Peter Walker Partners 12/10/2010 1/20/2011 0144 L06.06 Peter Walker Partners _11/4/2010 12/10/2010 0145 1_06.07 Peter Walker Partners 11/4/2010 12/10/2010 0146 - L06.08 Peter Walker Partners11/4/2010 12/10/2010 0147 1_06.09 -- Peter Walker Partners - 11!4/2010 12!10/2010 0148 L0TOI Peter Walker Partners 12/10/2010 1/20/2011 0149 L07.02 Peter Walker Partners 12/10/2010 1/20/2011 0150 1_07.03 Peter Walker Partners_ 12/10/2010 1/20/2011 0151 L07.04 Peter Walker Partners _ 12/10/2010 _ 1!20!2011 0152 L07.05 Peter Walker Partners 12/10/2010 1/20/2011 0153 L0T06 Peter Walker Partners__ 12/10/2010 1/20/2011 0154 1_07.07 Peter Walker Partners 12/10/2010 1/20/2011 OISS L07.08 Peter Walker Partners 12/10/2010 1!20/2011 0156 1_07.09 Peter Walker Partners 12/10/2010 1/20/2011 0157_ L07.10 Peter Walker Partners 11/4/2010 11/4/2010 0158 L07.1 1 Peter Walker Partners 1/20/2011 1/20/2011 0159 1_09.01 Peter Walker Partners 11/4/2010 11/4/2010 0160 L09.02 Peter Walker Partners 11/4/2010 12/10/2010 0161 L09.03 Peter Walker Partners 11/4/2010 12/10/2010 0162 L09.03A Peter Walker Partners 11/4/2010 12/10/2010 0163 L09.04 Peter Walker Partners _ 11/4/2010 11/4/2010 0164 1_09.05 Peter Walker Partners 11/4/2010 12/10/2010 0165 L09.06 Peter Walker Partners 11/4/2010 12/10/2010 0166_ .1_09.07 Peter Walker Partners 11/4/2010 12/10/2010 0167 L09.08 _ Peter Walker Partners 11/4/2010 12/10/2010 0168 1_09.09 Peter Walker Partners 11/4!2010 12/10/2010 0169 1_09.10 Peter Walker Partners 11/4/2010 12/10/2010 0170 L09.1 I Peter Walker Partners _ 11/42010 12/10/2010 0171 1_09.12 _ Peter Walker Partners 11!4/2010 1/20/2011 0172 L09.13 Peter Walker Partners 11 /4/20 10 11/4/2010 0173 109.14 Peter Walker Partners 11/4/2040 12/10/2010 0174L09.15 _ _ Peter Walker Partners 11/4/2010 12/102010 0175 1_09.16 Peter Walker Partners 11/4/2010 12110/2010 0176 L09.17 _ Peter Walker Partners 11/4!2010 1114/2010 0177 1_09.18 Peter Walker Partners 11!4/2010 12/10/2010 Exhibit A - Contract Document Listing Page 4 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGES OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0178 L09.19 Peter Walker Partners 11/4/2010 12/10/2010 0179 1 L09.20 Peter Walker Partners 11/4/2010 1114/2010 0180 L09.20A Peter Walker Partners 11/4/2010 12/10(2010 -- 0181 1-09.21 Peter Walker Partners 11/4/2010 12/10/2010 0182 1-09.22 Peter Walker Partners 11/4/2010 12/10/2010 0183L09.23 Peter Walker Partners 11/4/2010 12/10/2010 0184 _ 1-09.31 Peter Walker Partners 11/4/2010 1 1/4/2010 0185 1-09.32 -- Peter Walker Partners II/4!2010 12/10(2010 0186 109.32A - - Peter Walker Partners 11/4/2010 12/10/2010 0187 L09.32B Peter Walker Partners 11/4/2010 12/10/2010 0188 L09.33 Peter Walker Partners 11!4/2010 -12 11/4/2010 - - OI89 1-09.35 --- Peter Walker Partners /10/2010 1/20/2011 0190 _ L09.36 Peter Walker Partners 12/10/2010 1/20/2011 0191 1-09.37 Peter Walker Partners 11/4/2010 12/1012010 0192 1-09.38 Peter Walker Partners 12/10/2010 1/20/2011 0193 L09.39 Peter Walker Partners 1120/2011 1/20/2011 0194 1-09.40 Peter Walker Partners 11/4/2010 12/10/2010 0195 1-09.41 Peter Walker Partners 1114/2010 12/10/2010 0196 1_09.42 Peter Walker Partners 11/4/2010 12/10/2010 0197 1-09.44 -- Peter Walker Partners 11/412010 12/10/2010 0198 L09.45 Peter Walker Partners 11/412010 12/10/2010 0199 1-09.46 Peter Walker Partners _1/2012011 1/2012011 0200 1-10.01 Peter Walker Partners 11/4/2010 12/10/2010 0201 L10.02 Peter Walker Partners 11/4/2010 12/10/2010 0202-- - -1-10.03 - - Peter Walker -Partners ----- 11/412010 12/10/2010 0203 1-10.04 Peter Walker Partners 11/4/2010 12/10/2010 0204 L10.05 Peter Walker Partners 1114/2010 12/10/2010 0205 L10.06 Peter Walker Partners 11/4/2010 12/10/2010 0206 L10.07 Peter Walker Partners 11/4/2010 12/10/2010 0207 LII.10 Peter Walker Partners 11/4/2010 12/10/2010 0208 L11.11 Peter Walker Partners 11/412010 12/10/2010 0209 LI 1.12 Peter Walker Partners 11!4/2010 12/10/2010 0210 LI 1.13 Peter Walker Partners 11/4/2010 12/10/2010 0211 LI 1.14 Peter Walker Partners 11/4/2010 12/10/2010 0212_ L11.15 Peter Walker Partners 11/4/2010 12/10/2010 0213 LII.16 Peter Walker Partners 12/10/2010 1/20!2011 0214 LI 1.17 Peter Walker Partners 11(4/2010 12/10/2010 0215 L11.18 Peter Walker Partners 11/4/2010 12(10/2010 __ 0216 LII.19 Peter Walker Partners 11/4/2010 12/10/2010 0217 1-1 1.20 Peter Walker Partners 12/10/2010 1/20(201 1 0218 1-11.21 Peter Walker Partners 12/10/2010 1/20/201.1 0219 1-11.22 Peter Walker Partners 1114/2010 12/10/2010 0220_ LI1.23 Peter Walker Partners 11/4/2010 12/10/2010 0221 LI 1.24 Peter Walker Partners 11/4/2010 12/10/2010 0222 LI 1.25 Peter Walker Partners 11/4/2010 12/10/2010 0223 1-11.26 Peter Walker Partners 11/4/2010 12/10/2010 Exhibit A - Contract Document Listing Page 5 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 6OF26 ITEM # SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE 0224 L12.01 Peter Walker Partners 11/4/2010 1//412010 0225 L12.02 Peter Walker Partners 11/4/2010 11/4/2010 0226 L12.03 Peter Walker Partners 11/4!2010 12/10/2010 0227 L 12.04 Peter Walker Partners 1 1/4/2010 12/1012010 0228 1_12.05 Peter Walker Partners 11/4/2010 12/10/2010 0229 1_12.06 Peter Walker Partners 11/4/2010 12/10/2010 0230 L12.07 _ Peter Walker Partners 11/4/2010 12/1012010 0231 L13.01 Peter Walker Partners II/4!2010 12/10/2010 0232 L13.02 Peter Walker Partners 11/4/2010 12/10/2010 0233 L14.01 Peter Walker Partners 11/4/2010 11/4/2010 0234 L14.02 Peter Walker Partners 11/4/2010 12/10/2010 _62-35 L14.03 Peter Walker Partners 11/4/2010 12/10/2010 0236 L14.04 Peter Walker Partners 11/4/2010 11/4/2010 0 2 3 _7 L14.05 Peter Walker Partners 11/4/2010 12/10/2010 0238 L15.01 Peter Walker Partners 11/4/2010 12/10/2010 0239 L15.02 Peter Walker Partners 11/4/2010 12/10/2010 0240 1_15.03 Peter Walker Partners 11/4/2010 12/10/2010 0241 1_15.04 Peter Walker Partners 11/4/2010 12/10/2010 0242 L15.05 Peter Walker Partners 11/4/2010 _ 12/10/2010 0243 L15.06 Peter Walker Partners 11/4/2010 12/10/2010 0244 1_15.07 Peter Walker Partners 11/4/2010 12/10/2010 0245 L16.01 Peter Walker Partners 11/4/2010 12/10/2010 0246 L17.01 Peter Walker Partners 11/4/2010 11/4/2010 0247 L18.01 Peter Walker Partners 11/4/2010 12/10/2010 0248 L18.02 Peter Walker Partners 11/4/2010 12/10/2010 0249 L18.03 Peter Walker Partners 11!4/2010 12/10/2010 0250 L18.04 Peter Walker Partners 11/4/2010 12/10/2010 0251 L18.OS Peter Walker Partners 11!4/2010 12/10/2010 0252 L18.06 Peter Walker Partners 11!4/2010 11/4/2010 0253 L18.07 Peter Walker Partners 11/4/2010 12/10/2010 0254 L18.08 Peter Walker Partners 11/4/2010 _ 12/10/2010 0255 L18.09 Peter Walker Partners 11/4/2010 12/10/2010 0256 1_18.10 Peter Walker Partners 11!4/2010 12/10/2010 _62-57 L18.11 Peter Walker Partners 11/4/2010 12/10/2010 0258L18.12__ Walker Partners 11/4/2010 12/10/2010 0259______ 1_18.13 _Peter Peter Walker Partners 11/4/2010 12/10/2010 0260 L18.14 Peter Walker Partners 11/4/2010 12/10/2010 0261__ L18.15 Peter Walker Partners 11/4/2010 12/10/2010 0262 T -11I. -H6 Peter Walker Partners 11/4/2010 12/10/2010 62_63 L18.17 Peter Walker Partners 11/4/2010 12/10/2010 0264 L18.18 Peter Walker Partners 11/4/2010 12/10/2010 0265-----_L1 L18.19 Peter Walker Partners 11/4/2010 11/4/2010 0266 L18.20 Peter Walker Partners 11/4/2010 12/10/2010 0267__ L19.01 Peter Walker Partners 11/4/2010 12!10/2010 0268 L19.02 Peter Walker Partners 11/4/2010 12/10/2010 0269 1 1_19.03 Peter Walker Partners 11/412010 12/10/2010 Exhibit A - Contract Document Listing Page 6 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 7OF26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0270 L19.03A Peter Walker Partners 11/4/2010 12/10/2010 0-2-71 L19.04 Peter Walker Partners 11/4/2010 I2/10/2010 0272 119.05 -- Peter Walker Partners 11/412040 12/10/2010 0273 L19.06 Peter Walker Partners 11/4/2010 12/10(2010 0274 L19.07 Peter Walker Partners 11/4/2010 12/10/2010 0275 119.08 Peter Walker Partners---- _ 11/4/2010 12/10/2010 0276 L19.09 Peter Walker Partners 11/4/201-0 12/10/2010 0277 L19.09A Peter Walker Partners 12/10/2010 1/20/2011 0278 L19.09B _ Peter Walker Partners 12/10/2010 _ 1/20/2011 0279 L19.09C Peter Walker Partners 11/4/2010 12/10/2010 0280 L19.09D Peter Walker Partners 11/4/2010 12/10/2010 0281 LA 9. 1 _0 Peter Walker Partners 11/4/2010 -- - 12/10!2010 0282 L19.11 Peter Walker Partners 12/10/2010 1/20/2011 0283 L20.01 Peter Walker Partners 11/4/2010 12/10/2010 0284 L20.02 Peter Walker Partners 11/4/2010 12/10/2010 0285 120.03 Peter Walker Partners --- - 11/4/2010 I1(4/2010 0286 L20.04 Peter Walker Partners 11/4/2010 11/4/2010 0287 L20.05 Peter Walker Partners 11/4(2010 12/10/2010 0288 L20.06 Peter Walker Partners____ 11/4/2010 11/4/2010 0289 1_20.07 Peter Walker Partners 11/4/2010 11/4/2010 0290 1_20.08 Peter Walker Partners 11/4/2010 11/4/2010 0291 L20.09 Peter Walker Partners 11/4/2010 12110/2010 0292 L20.10 Peter Walker Partners 11/4/2010 12/1.0/2010 0293 L20.II Peter Walker Partners 11/4/2010 12/10/2010 0294 L21.01 Peter Walker Partners 11/4/2010 12/10/2010 0295 L21.02 Peter Walker Partners 11/4/2010 11/4/2010 0296 L21.03 Peter Walker Partners 11/4/2010 12/10/2010 0297 L21.04 Peter Walker Partners 11/4/2010 12/10/2010 0298 L21.05 Peter Walker Partners 11/4/2010 11/4/2010 0299 L21.06 Peter Walker Partners 11/4/2010 11/4/2010 0300 L21.07 Peter Walker Partners 11/4(2010 11/412010 0301 L21.08 Peter Walker Partners 11/4/2010 12/10/2010 0302 L2L09 Peter Walker Partners 11/4/2010 12/10/2010 0303 L21.10 Peter Walker Partners 11/4/2010 12/10/2010 0304 L21.1 I Peter Walker Partners 11/4/2010 12/10/2010 0305 L2I.12 Peter Walker Partners 11/4/2010 12/10/2010 0306 L22.01 Peter Walker Partners 11/4/2010 12/10/2010 0307 L22.02 Peter Walker Partners 11/4/2010 12/10/2010 0308 L22.03 Peter Walker Partners 1 114/2010 12/10/2010 0309 -- -- AI.01 Bohlin, Cywinski, Jackson - 11/4/2010 11/4(2010 0310 A1.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0311 A1.03 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0312 A1.04 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0313 A1.05 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0314 A1.06 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0315 A1.07 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 Exhibit A - Contract Document Listing Page 7 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 8 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 031b -- -- A1.08 Bohlin, Cywinski, Jackson - 12/10/2010 1/20/2011 0317 A1.09 Bohlin,Cywinski, Jackson -11/4/20 IT 12/10/2010 0318 A1.10 Bohlin, Cywinski, Jackson -----T-I/4/2010 12(10/2010 0319 -- ALIS - - Bohlin, Cywinski, Jackson 11/4/2010-1-2/10/2010 0320 A1.16 Bohlin, Cywinski, Jackson 11!4/2010 12/10/2010 0321 Al. 17 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0322 jALl8 Bohlin, Cywinski,Jackson 11!412010 12/10/2010 0323 'A1.19 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0324 A1.20 Bohlin, Cywinski, Jackson -]EtE11/4/2010 12/10/2010 0325 _ A1.21 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0326 --- AL25 Bohlin, Cywinski, Jackson _ 12/1012010 1/20/2011 0327 AL26 Bohlin, Cywinski, Jackson - 12/10/2010 - 1/20/2011 0328 AL27 Bohlin, Cywinski, Jackson 12/10/2010 020/2011 0329 A1.28 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0330 ----- A1.31 _ Bohlin, Cywinski, Jackson 11(412010 11/4/2010 0331 ALSO Bohlin, Cywinski, Jackson - 12!10(2010 -- 1/20/2011 0332 ALSI _ Bohlin, Cywinski,Jackson 11/4/2010 12/10/2010 _03_33 A1.52 Bohlin, Cywinski, Jackson 11(4/2010 12/10/2010 0334 A2.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0335 A2.02 Bohlin, Cywinski, Jackson _ 11/4/2010 11/18/2010 0336 A2.03 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 0337A2.50 _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0338 A3.01 Bohlin,Cywinski, Jackson _ 11!4!2010 11/4/2010 0339 A3.02 _ Bohlin,Cywinski, Jackson 11(4!2010 11/4/2080 0340 A3.03 - Bohlin, Cywinski, Jackson 11!4(2010 12/10/2010 0341 A3.04 Bohlin, Cywinski, Jackson 11/412010 11/4/2010 0342 A3.S0 _ Bohlin, Cywinski, Jackson 11/412010 12(10/2010 0343 A3.51 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 0344 A4.01 Bohlin, Cywinski, Jackson 11/4/2010 12(10/2010 0345 A4.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0346 A4.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0347 A4.04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0348 A4.05 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0349 A4.06 Bohlin, Cywinski, Jackson 11(4/2010 11/4/2010 0350 A4.10 Bohlin, Cywinski, Jackson 11 /4/20 10 11(18/2010 0351 A4.1 I Bohlin, Cywinski, Jackson 11/4/2010 _ 12/1012010 0352 A4.12 Bohlin, Cywinski,Jackson I1/4/2010 I I/18/2010 0353 -------- A4. 13 _ Bohlin,Cywinski,Jackso 111(4!2010 _ 12/10/2010 0354 - ----- A4.14 --- --- Bohlin,Cywinski, Jackson - 11/4/2010 -- 12/1012010 S 0355 A4.15 - Bohlin, Cywinski, Jackson_ -- 11(4/2010 11!4/2010 0356 A4.16 Bohlin, Cywinski, Jackson 11(4(2010 12/10/2010 0357 A4.17 Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0358 A4. 88 Bohlin, Cywinski, Jackson 11/412010 -12/10/2010 0359 A4.19 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0360 -1 A4.30 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 W 6 A4.50 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 Exhibit A- Contract Document Listing Page 8 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 9 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0362 44.51 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0363 44.55 Bohlin, Cywinski, Jackson 11/4/2010 12!10/2010 0364 A4.56 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0365 A5.01 _ Bohlin, Cywinski, Jackson _ 11/4/2010 12/10/2010 0366_ -' _ A5.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0367 45.04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0368--AS-.05 Bohlin, Cywinski, Jackson _ 11/18/2010 1/20/2011 0369 A5.06 _ Bohlin, Cywinski, Jackson 11/4/2010 P2/10/2010 0370 A5.07 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0371 A5.08 Bohlin, Cywinski, Jackson 11/412010 12/10/2010 0372__ A5.10 Bohli 1 Cywinski, Jackson 11/4!2010 12/10/2010 0373 A5.1 1 Bohlin, Cywinski, Jackson 12110/2010 1120/2011 0374A5.12 -75----K5 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 G3 1-3 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0376 A5.14 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0377 ASIS ---- Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0378A5.19 _ Bohlin, Cywinski, Jackson 1 1!4/2010 12/10/2010 0379 A5.20 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0380 __45.21 Bohlin, Cywinski, Jackson _ 11/4/2010 12/10!2010 0381 A5.22 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0382 45.23 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0383 _ A5.24 Bohlin, Cywinski, Jackson 12/10/2010 0384 A5.25 Bohlin, Cywinski, Jackson _11/4/2010 1 1/4/2010 12/10/2010 0385 A5.26 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0386 A5.27 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 0387 AS.28 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0388 A5.29 Bohlin, Cywinski, Jackson -If/4/2010 _ 12/10/2010 0389 45.30 Bohlin, Cywinski, Jackson _ 11/4/2010 11/18/2010 0390 A531 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4/2010 0391 A5.32 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0392 A5.33 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0393 45.35 Bohlin, Cywinski, Jackson 12/10!2010 1/2012011 0394 _ 4536 Bohlin, Cywinski, Jackson 1 V4/2010 11/18/2010 0395 A5 00 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0396 A5.51 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0397 A5. 22 Bohlin, Cywinski, Jackson _ 11/4/2010 12/10/2010 0398 A5.53 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0399 A5.70 Bohlin, Cywinski, Jackson 11/4/2010 12/10!2010 0400 A5.7I ___ Bohlin, Cywinski, Jackson in 11/18/2010 1/20/2011 0401 A5.72 _ Bohlin, Cywinski, Jackson 11/4!2010 11/18/2010 0402 A535 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0403 - A5.80--- Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0404 AS.81 _ - Bohlin, Cywinski, Jackson -- 12/10/2010 1/20/2011 0405 A-82 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0406 45.90 _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0407 _ 46.10 Bohlin, Cywinski, Jackson 11!4/2010 11/4/2010 Exhibit A - Contract Document Listing Page 9 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 10 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0408 A6.20 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0409__ A6.21 Bohlin, Cywinski, Jackson 11/4/2010 2/1 0120 1 0 0410 -1 A6.25 Bohlin, Cywinski, Jackson 11/4/2010 _1 12/1012010 641 A6.30 Bohlin, Cywinski, Jackson 11/4/2010 1!20/2011 0412 A6.40 Bohlin, Cywinski, Jackson11/4(2010 12/10/2010 0413 A6.41 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0414 A6. 00 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0415 A6.51 Bohlin, Cywinski, Jackson 11/4(2010 12/10!2010 0416 A6.70 _ Bohlin, Cywinski, Jackson 1 1(4!2010 11/4/2010 0417 A7.00 Bohlin, Cywinski, Jackson 11/4/2010 11118/2010 0418 A7.01 Bohlin, Cywinski, Jackson 11/4/2010 11!4/2010 0419 A7.02 Bohlin, Cywinski, Jackson 11/4/2010 11/412010 0420 A7.03 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4/2010 0421 A7.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0422 A7.05 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0423 A7.06 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0424 A7.07 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0425_ A7.08 Bohlin, Cywinski, Jackson I (/4/2010 12/10/2010 0426 A7. 99 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0427 AT 10 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0428 ATII Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0429 A7.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0430 A7.13 Bohlin, Cywinski, Jackson 11/4/2010. 12/10/2010 0431 A7.14 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0432 AT15 Bohlin, Cywinski, Jackson 11!4/2010 12110/2010___ 0433 A7.16 Bohlin, Cywinski, Jackson 111412010 11/4/2010 0434 A7.17 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0435_ A7.18 Bohlin, Cywinski, Jackson 11/412010 11/4/2010 0436 A7.19 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0437 A7.20 Bohlin, Cywinski, Jackson 11/4/2010 11/4!2010 0438 A7 22 Bohlin, Cywinski, Jackson 12/1012010 1/20/2011 0439 A7.23 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0440 A7.24 Bohlin,Cywinski,Jackson 11/4!2010 11/412010 0441 A7.25 Bohlin, Cywinski, Jackson 11/412010 1/20/2011 0442 A7.26 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4!2010 0443 A7.27 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0444 A7.276 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0445 - A7.28 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0446 - AZ29 - Bohlin, Cywinski, Jackson 11(412010 -- 11/18!2010 0447 A7.30_ Bohlin, Cywinski, Jackson 11/4/2010 - 12/10/2010 0448 A7.31 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0449 ------ A7.32 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0450 - A7.33 ------ - Bohlin, Cywinski, Jackson 12/10!2010 1120/2011 0451 A7.34 - - Bohlin, Cywinski, Jackson 11!4/2010 -F2-/10/20 10 0452 -�A7. 55 Bohlin, Cywinski, Jackson 11/4/2010 1!20/2011 0453 A7.36 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 Exhibit A - Contract Document Listing Page 10 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE I I OF 26 ITEM # SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE 0454 A7.40 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0455 A7.50 Bohlin, Cywinski, Jackson 11/4!2010 12110/2010 0456 A7.51 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0457 A7.52 _ _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0458 A7.53 _ Bohlin, Cywinski, Jackson 11/4/2010 12!10/2010 0459 A7.54 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0460 AT55, Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 - 0461 A7.60 - Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0462 A7.61 Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0463 A7.62 _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 6464 A7.63 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010--,--- 0465 A7.64 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0466 A7.65 Bohlin, Cywinski, Jackson 11!4/2010 1 1/4/20 10 0467 A7.66 Bohlin, Cywinski, Jackson 12/10/2010 _ 1/20/2011 0468 A7.70 Bohlin, Cywinski, Jackson 12/10(2010 1/20/2011 0469 A8.01 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0470 A8.02 Bohlin, Cywinski,)ackson 11/4/2010 12/10/2010 0471 A8.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0472 - A8.04 -- - Bohlin, Cywinski, Jackson 11!4/2010 12/ 1012010 ' 0473 48.05 Bohlin, Cywinski, Jackson 11!4/2010 12/10/2010 0474 A850 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0475 A9.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 -- 0476 A9.02 - Bohlin, Cywinski, Jackson 11/4/2010 - 11/4/2010 0477 A9.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0478 A9.11 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0479 A9.12 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0480 A9. 33 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0481 A9.21 Bohlin, Cywinski, Jackson 12110/2010 1/20/2011 0482 CS2 Bohlin, Cywinski, Jackson 1114/2010 16/18/2010 0483 50.01 Bohlin, Cywinski, Jackson 1114/2010 11/4/2010 0484 50.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0485 S0.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0486 50.1 I Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0487 50.21 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0488 50.31 Bohlin, Cywinski, Jackson 11/4/2010 11/4/201.0 0489 _ 51.00 Bohlin, Cywinski, Jackson 11/4/2010 11!4/2010 0490 S1.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0491 51.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0492 S 1.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0493 51.04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0494 51.05 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0495 51.06 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0496 51.07 Bohlin, Cywinski, Jackson 1114/2010 12/1012010 0497 - SL08 ----------- 1 Bohlin, Cywinski, Jackson 11/4/2010 - 12/10/2010 0498 51.09 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 .0449 SI.10 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 Exhibit A - Contract Document Listing Page I I of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 12 OF 26 ITEM # SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE 0500_ SI.II Bohlin, Cywinski, Jackson 11/4/2010 12!10/2010 0501 51.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 _ 0502 51.21 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0503 51.22 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0504 _ 51.31 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0505 S2.11 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0506 '.52.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0507 52.13 Bohlin, Cywinski, Jackson 11/42010 12/10/2010 0508 52.14 --- Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0509 52.21 Bohlin, Cywinski, Jackson 11/42010 12/10/2010 0510 _ 52.41 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 US -11 52.42 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0512 53.01 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0513 53.02 Bohlin, Cywinski, Jackson 11/4/2010 11/412010 0514 _ 53.03 Bohlin, Cywinski, Jackson 11142010 12/10/2010 ----- 0515 53.04 -------- Bohlin, Cywinski, Jackson 12/10/2010 1/2012011 0516 53.05 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 0517 53.11 Bohlin, Cywinski, Jackson_ 12/10/2010 1/20/2011 0518 53.12 Bohlin, Cywinski, Jackson _ _12/1.0/2010 1/20/2011 _ 0519 53.13 _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0520 53.21 Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0521 53.22 Bohlin, Cywinski, Jackson 1.1/4/2010 12/10/2010 0522 55.01 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4/2010 0523 55.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0524 55.03 Bohlin, Cywinski,Jackson 11/4/2010 12/10/2010 0525 55.04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0526 55.05 Bohlin, Cywinski, Jackson_ 11/4/2010 12/10/2010 0527 S5.06 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0528 55.07 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0529 55.08 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4/2010 0530 55.1 I Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0531 S5.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0532 55.13 Bohlin, Cywinski, Jackson 12/10/2010 1120/2011 0533 55.14 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 -0-53-4--SS Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0535 _.15 a.- - Bohlin,Cywinski,Jackson 11/4/2010 12/10/2010 0536 55.17 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0537 55.21 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0538 55.22 Bohlin, Cywinski, Jackson 11/4/2010 _12/10/2010 0539 55.23 _ Bohlin, Cywinski, Jackson 11/4/2010 12110/2010 0540 55.24 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0541 55.25 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0542 S631 Bohlin, Cywinski, Jackson 11/4/2010 11/42010 0543 56.32 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0544 S6.35 Bohlin, Cywinski, Jackson 111412010 11/4/2010 0545 57.10 Bohlin, Cywinski, Jackson II/42010 12/10/2010 Exhibit A - Contract Document Listing Page 12 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 13 OF 26 ORIGINAL LATEST ITFM It SHFFT PREPARED BY ISSUE DATE REV DATE 0546 STII Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0547 110.00 Bohlin, Cywinski, Jackson 11/42010 I2/I0/2010 0548 0549 M0.01 110.02 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 12/10/2010 11/4/2010 1/20/2011 (/20(2011 0550 110.03 Bohlen, Cywinski, Jackson _ 11/4/2010 12/10(2010 0551 110.04 Bohlin, Cywinski Jackson 11/42010 12/10/2010 0552 110.05 Bohlin, Cywinski, Jackson 11/42010 11/18/2010 0553 -MO.06Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0554 _ MO.07 Bohlin, Cywinski, Jackson _ 11/4/2010 11/18/2010 _ 0555 MO.08 Bohlin, Cywinski, Jackson _11/4/2010 11/18/2010 0556 M0.09 Bohlin, Cywinski, Jackson 11/4/2010 ---- 11/18/2010 -- 0557 --- 110.10 - Bohlin ,Cywinski,Jackson 11/4/2010 11/18/2010 0558 111.00 Bohlin, Cywinski, Jackson 11/4/2010 12/1012010 0559 M1.01 Bohlin, Cywinski, Jackson _ 11/4/2010 11/4/2010__ 0560 M 1.04 Bohlin, Cywinski, Jackson - 12/ 10/2010 1/20/201 1 _ 0561 M 1.05 Bohlin, Cywinski, Jackson 1 1/4/2010 12110/2010 0562 MLOSU Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0563 111.06 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0564 M 1.060 Bohlin, Cywinski, Jackson 12/1012010 1120/2011 -- 0565 - '111.07 - Bohlin, Cywinski, Jackson 11/42010 12/10/2010 0566 M1.07U Cywinski, Jackson 11/4/2010 12/10/2010 0567 111.08__ _Bohlin, Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0568 ML.O8U Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 --a-69-1111 09 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0570 MI.10 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0571 M2.00 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0572 112.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0573 M3.00 Bohlin, Cywinski, Jackson 11`4/2010 121102010 0574 M3.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0575 113.02 Bohlin,Cywinski,Jackson 11/4/2010 11/4/2010 0576 M3.03 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0577 113.04 Bohlin,Cywinski,Jackson 11/4/2010 11/4/2010 0578 114.00 Bohlin, Cywinski, Jackson 11/42010 11/4/2010 0579 M4.01 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 0580 114.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0581 M4.03 Bohlin, Cywinski, Jackson 11/4/2010 11/42010 0582 M4.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0583 115.00 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 _ 0584 115.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0585 115.02 Bohlin, Cywinski,)ackson 11!4/2010 12/10/2010 0586 115.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0587 Bohlin ,Cywinski, Jackson 11/4/2010 12/10/2010 0588 _115.05 M5.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0589116.00 Bohlin,Cywinski, Jackson 11/4/2010 12/10/2010 0590 116.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0591 116.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 Exhibit A - Contract Document Listing Page 13 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 14 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0592 E0.01 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0593 _. E0.02 Bohlin, Cywinski, Jackson 11/4/2010 _ 11/4!2010 0594 E0.03 Bohlin, Cywinski, Jackson 11/4!2010 II/4/2010 0595 ----- E0.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0596 EI.01 B -- ohlin,Cywinski,Jackson 11/4/2010 --- 11/18!2010 0597 0598 0599 E1.02 E 1.03 E1.04 -"- Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 11/4/2010 12!10/2010 I 11!4/2010 11/4/2010 J 0600 EI.OS Bohlin, Cywinski, Jackson 11/412010 12/10/2010 0601 E2.01 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010--- 2/10/20100602 0-602 E2.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0603 E2.03 Bohlin, Cywinski,Jackson 11/4!2010 12/10/2010 0604 E2.04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0605 E2.05 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 0606 E2.06 _ Bohlin, Cywinski, Jackson 11/4/2010 0607__ E2.07 Bohlin, Cywinski, Jackson 11/4/2010 _12/10/2010 12/10/2010 0608 E2.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0609 -- E2.13 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0610 E3.00 - Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011----- 0611 E3.10 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0612 E3.1 I Bohlin, Cywinski, Jackson I (/4/2010 12/10/2010 0613 E3.20__ Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0614 E3.21 Bohlin, Cywinski, Jackson _ 11/4!2010 12/10/2010 0615 E3.30 Bohlin, Cywinski, Jackson 11/4/2010 12/10!2010 0616 E33 I Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0617 E3.32 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0618 E3.33 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0619 E4.00 Bohlin, Cywinski,Jackson 12/10/2010 1/20/2011 0620 E4.01 Bohlin,Cywinski, Jackson 11/4/2010 11/18!2010 0621 E4.02 Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0622 E4.03 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0623 E4.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0624 E5.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0625 E5.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0626 E5.03 Bohlin, Cywinski, Jackson 11/412010 1114/2010 0627 E5.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0628 E5.05 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0629 ES.06 Bohlin, Cywinski, Jackson 11/4/2010 62/10/2010 0630 ES.07 Bohlin, Cywinski, Jackson 11/412010 12/10/2010 0631 - - E6.01 - Bohlin, Cywinski,Jackson 11/412010 12/10/2010 0632 E6.02 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 0633 ----- E6.03 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0634 E6.04 -- ---- Bohlin, Cywinski,Jackson 12/10/2010 1 1/20/2011 0635 E6.05 ----- Bohlin, Cywinski,Jackson 11/4/2010 _ 12!1012010 0636 E6.06 I Bohlin, Cywinski, Jackson 1 11/4/2010 11/18/2010 0637 1 E6.07 Bohlin, Cywinski, 11/4/2010 18! 11/2010 Exhibit A - Contract Document Listing Page 14 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 15 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE RFV DATF 0638 E6.08 Bohlin, Cywinski, Jackson -1[/4/2010 12/10/2010 0639 TE6.09 Bohlin, Cywinski,Jackson _ 11/4/2010 12/10/2010 0640 1 E6.10 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0641 - -- E6.11 Bohlin, Cywinsl<i,Jackson 11/4/2010 11/18/2010 0642 E6.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10!2010 0643 E6.13 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0644 -- - E6.14 Bohlin, Cywinski,Jackson 11(4/2010 11(18/2010 0645 E6.15 .Bohlin, Cywinski, Jackson 11/4!2010 12/10(2010 0646 E6.16 Bohlin, Cywinski, Jackson 1114/2010 0647 E6.17 Bohlin, Cywinski, Jackson 11/4/2010 0648 E7.00 Bohlin, Cywinski, Jackson 11/4/2010 j ffO/20 0649 E7.01 Bohlin, Cywinski, Jackson 1 1/4/2010 -- 0650 E7.02 Bohlin, Cywinski, Jackson 11!4/2010 12/10/2010 0651 E7A3 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0652 E7.04 Bohlin, Cywinski, Jackson 11/4/2010 12!10/2010 0653 E7.05 Bohlin, Cywinski, Jackson _ 11/4/2010 12/10/2010 0654 E7.06 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0655 E7.07 - Bohlin, Cywinski, Jackson - 11/4/2010 11/4/2010 0656 E7.08 - Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0657 E7.09 _ Bohlin, Cywinski, Jackson _ 11/4/2010 12/10/2010 0658 E7. 00 Bohlin, Cywinski, Jackson 11/4/2010 12110/2010 0659 E7.11 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0660 E7.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0661 E-713 Bohlin, Cywinski, Jackson 11/4/2010 12/10(2010 0662 E7.14 Bohlin, Cywinski, Jackson 11/4/2010 12/10(2010 0663 E7.15 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0664 E7.16 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0665 FPRL01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0666 FPR 1.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0667 FEB. 1.04 Bohlin, Cywinski, Jackson 1/20/2011 1/20/201 I 0668 FPR 1.06 Bohlin, Cywinski, Jackson 1/2012011 1/20/2011 0669 FPR5.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0670 PO.O Bohlin, Cywinski,fackson 11/4/2010 11/4/2010 0671 P0. I Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0672 PLO Bohlin, Cywinski, Jackson11/4/2010 11/4/2010 0673 P1.04 Bohlin _Cywinski,Jackson 12/10/2010 1/20/2011 0674 P1.04U Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0675 P1.05 _ _ Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0676__ P1.05U Bohlin, Cywinski, Jackson 11/4/2010 12/10(2010 0677 11.06 _ Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0678 P1.06U _ Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0679 ----- P1.07 Bohlin, Cywinski, Jackson 12/10/2010 1(20/2011 0680 ------ P1.08 Bohlin, Cywinski, Jackson ------- 11/4/2010- 12/10/2010 0681 PL09 Bohlin, Cywinski, Jackson 12/10/2010 -- -- 1/20/201 I 0682 PL10 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0683 M.II Bohlin, Cywinski, Jackson 11/4/2010 11/4(2010 Exhibit A - Contract Document Listing Page 15 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 16 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0684 P3.01 Berlin, Cywinskl,Jackson 11/4/2010 12/10/2010 0685 P5.0 I Bohlin, Cywinski,Jackson 11/4/2010 12/10/2010 0686 P5.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0687 15.03 Bohlin, Cywinski, Jackson11/4/2010 11/4/2010 0688 15 Bohlin, Cywinski, Jackson __.04 11/4/2010 12/10/2010 0689 P6.01 Bohlin, Cywinski, Jackson 11/42010 12/10/2010 0690 P6.02 Bohlin, Cywinski, Jackson 12/10/2010 1120/2011 0691 P6.03 Bohlin, Cywinski, Jackson _ 11/4/2010 12/10/2010 0692 16.04 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0693 1 FPL04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0694 FP 1.05 -- Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0695 FPt.06 -- Bohlin, Cywinski, Jackson 11/4/2010 12!10/2010 0696 FP1.07 Bohlin, Cywinski, Jackson 11/4/2010 1.2/10/2010 0697 FP 1.08 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 1 0698 --- FP3.6I -- Bohlin,Cywinski,Jackson 1/20/2011 1/20/2011 0699 FP5.0I Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0700 FP5.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0701 ----- TO. 10 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0702 70.11 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0703 71.04 - - Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0704 TLOS Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 0705 71.06 Bohlin, Cywinski, Jackson 1 1!4/2010 11/4/2010 0706 _ T1.07 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0707 T1.08 _ Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 0708 T4.01 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 0709 T4.02 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 0710 T4.03 Bohlin, Cywinski, Jackson 11/4/2070 11/4/2010 071 I T4.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0712 T4.05 Bohlin, Cywinski, Jackson 1114/2010 11/4!2010 0713 T4.06 Bohlin, Cywinski, Jackson 1-1/412010 11!412010 0714 T4.07 Bohlin, Cywinski, Jackson 11(4/2010 11/4/2010 0715 T4.08 Bohlin, Cywinski, Jackson 11/412010 11/4/2010 0716 T4.09 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0717 T4.10 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0718 T5.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0719 T5.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0720 T5.03 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0721 TG 1.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2016- 1/4/20100722 0722 TG 1.02 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 0723 V-23 _ TG4.01 - - Bohlin, Cywinski, Jackson 11/4!2010 - 1-1/4/2010 0724 TY0.00 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0725 TY 1.00 Bohlin, Cywinski, Jackson 11!4/2010 11/4/2010 0726 TY 1.01 _ _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0727 TY 1.04 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0728 TY 1.06 Bohlin, Cywinski, Jackson 11!4/2010 12/10/2010 0729 TY1.07 Bohlin, Cywinski, Jackson I [/4/2010 12/10/2010 Exhibit A - Contract Document Listing Page 16 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 17 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0730_ TY1.08 -r Bohlin, Cywinski, Jackson II/4/2010 11/4!2010 0731 TYL09 _ Bohlin, Cywlnski,Jackson 1114/2010 11/4/2010 0732 TY1.10 -- Bohlin, Cywinski, Jackson 11!4/2010 11/4/2010 0733 TYI.I I Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 _ 0734 TY 1.31 Bohlin,C inski, Jackson _ 11/4/2010 11/4/2010 0735 - TY4.01 - Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0736 TY4.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0737 TY5.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10!2010 0738 TY5.02 Bohlin, Cywinski, Jackson 11!4/2010 11/4(2010 0739 TY503 Bohlin, Cywinski, Jackson 11/4(2010 11/4/2010 0740 TY5.04 Bohlin, Cywinski, Jackson_ 11/4/2010 11/4/2010 0741 TYG1.01 Bohlin, Cywinski, Jackson 1114(2010 11/4/2010 0742 TYG1.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0743 AV 1.01 Bohlin,Cywinski,Jackson 11/4/2010 12/10/2010 _ 0744 AV 1.04 Bohlin, Cywinski, Jackson-- 1 1/4/2010 11/4/2010 - 0745 AVI.OS - Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0746 AV1.06 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0747 AV1.07 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0748 AV 1.08 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 - - 0749 - AV2.01 --- Bohlin, Cywinski,fackson 11/4/2010 12/10/2010 0750 AV2.02 Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0751 AV2.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0752 AV3.01 Bohlin, Cywinski, Jackson 11/4(2010 11/4/2010 0753 AV3.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0754 AV3.03 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4/20 10 0755 AV3.04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0756 EVI.01 Bohlin,Cywinski,Jackson 11/4!2010 11(4/2010 0757 'EV1.04 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 0758 EV1.05 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0759 EV1.06 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0760 EV1.07 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0761 EV1.08 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2040 0762 EV2.01 Bohlin, Cywinski, Jackson 11(4/2010 11/4/2010 _ 0763 CS3 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0764 RBI.01 Bohlin, Cywinski, Jackson 11/4/2010.11(1812010 - - 0765 -- RB -1.02- --- --- Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0766 RD 1.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0767 RD 102 'Bohlin, Cywinski, Jackson 11/412010 12/10/2010 0768 RD1.03 Bohlin, Cywinski,fackson 11/4/2010 11/4/2010 0769 RD2.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0770 81.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0771 R1.02 Bohlin, Cywinski, Jackson 12/10/2010 1/20/2011 0772 RL03 Bohlin, Cywinski, Jackson 1114/2010 12(10/2010 -- 0773 RL04 - -- Bohlin, Cywinski, Jackson 11/4/2010 11/48010 0774 RLOS Bohlin, Cywinski, Jackson II/4/2010 11/4/2010 0775 81.12 Bohlin, Cywinski, Jackson II/4am 12/10/2010 Exhibit A - Contract Document Listing Page 17 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 18 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0776 RI.I3 Bohlin, Cywinski, Jackson 11/4/2010 12(10/2010 0777R1.14 Bohlin, Cywinski, Jackson 11/4/2010 12110/2010 - 0778 - RI.IS Bohlin, Cywinski, Jackson 11/4/2010 12!10!2010 0779 R2.01 Bohlin, Cywinski, Jackson 11/4/2010 12110/2010 0780 R2.02 _ Bohlin, Cywinski, Jackson 11/4/2010. 12/10/2010 0781 R3.01 Bohlin, Cywinski, Jackson 1 1/4/2010 1 114/2010 0782 R3.02 Bohlin, Cywinski, Jackson 11/4(2010 12!1012010 0783 R3.03 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 0784 R4.01 Bohlin, Cywinski, Jackson 1 1/4/2010 _ 12/10/2010 0785 R4.02 Bohlin, Cywinski, Jackson 11/4/2010 12(10/2010 0786 R4.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0787 R4.04 Bohlin, Cywinski, Jackson 11/4/26-101-2/1 MOO -10 0788 R4.05 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0789 R4.06 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 _ 0790 R4.07 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0791 _ RS.01 Bohlin, Cywinski, Jackson 11/4/2010 _ 12/10/2010 0792 RS.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0793 R5.05 _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0794 RS.06 _ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0795 R5.07 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0796 RS.08 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0797 RS.09 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0798 _ R5.10_ Bohlin, Cywinski, Jackson 11/4/2010 12/10!2010__ 0799 RS.II Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0800 R5.12 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0801 IRS. 13 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0802 R5.15 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0803 R5.20 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0804 R5.21 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0805 R6.01 Bohlin, Cywinski, Jackson 11/4!2010 12/10/2010 0806 R6.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0807 R6.03 Bohlin, Cywinski, Jackson 11/4/2010 12(10/2010 0808 R6.04 Bohlin, Cywinski,:Jackson 11/4/2010 12/10/2010 0809 RT01 Bohlin, Cywinski, Jackson II/4/2010 11/18!2010 0810 R7.02 Bohlin, Cywinski, Jackson 1114/2010 11/4/2010 0811 R7.03 Bohlin, Cywinski, Jackson _ 11/4/2010 11/4/2010 0812 RT04 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0813 R8.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 _ 0814 0815 'R8.03 R8.05 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 12/10/2010 IIMMOT0 0816 R9.01 Bohlin, Cywinski; Jackson 11/4!2010 12/10/2010 0817 R9.02 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0818 0819 R9.51 R9.61 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 12/10/2010 12/10/2010 1 0820 SRO.II Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0821 SRI.01 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 Exhibit A - Contract Document Listing Page 18 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 19 OF 26 ITEM # SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE 0822 SR 1.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0823 SR 1.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0824 SR 1.04_ Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0825 5,1.05 Bohlin,Cywinski,Jackson 11/4/2010 12/10/2010 0826 SR2.51 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0827 SR2.52 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 08285R3.51 Bohlin, Cywinski, Jackson 1 1/4/2010 12/10/2010 __ 0829 SR3.52 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0830 SR5.51 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0831 SR5.52 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0832 SR5.53 Bohlin, Cywinski, Jackson 11/4/2010 12(10/2010 0833 SR5.54 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0834 SR5.55 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0835 SR5.56 Bohlin, _ Cywinski, Jackson 12/10/2010 1/20/2011 0836 SR5.57 Bohlin,Cywinski,Jackson 11/4/2010 12/10/2010 0837 SR7.51 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0838 MR0.00 Bohlin, Cywinski, lackson 11/4/2010 11/4/2010 MR0.01 Bohlin, Cywinski, Jackson 11/4/2010 12/1012010 0840 MR0.02 Bohlin, Cywinski, Jackson 11!4/2010 12/10/2010 0841 MR0.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0842 MR0.04 Bohlin, Cywinski, Jackson 1114/2010 12/10/2010 0843 MRI.01 Bohlin, Cywinski, Jackson 11/4/2010 _ 12/10/2010 0844 MR1.01P Bohlin, _ Cywinski, Jackson 11/4/2010 12/10/2010 0845 MR 1.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0846 MR1.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0847 MR2.00 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0848 MR3.00 Bohlin, Cywinski, Jackson 1 1/4/2010 12/10/2010 0849 MR3.01 Bohlin, Cywinski, Jackson _ 1 1/4/2010 12/10/2010 0850 MR3.02 Bohlin, Cywinski, Jackson 1 1/4/2010 12!10/2010 0851 MR4.00 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0852 MR4.01 Bohlin, Cywinski, Jackson 61/4/2010 12/10/2010 0853 MR4.02 Bohlin, Cywinski, Jackson 1 1!4/2010 11/4/2010 0854 MR5.00 Bohlin, Cywinski, Jackson 11/4/2010 .11/4/2010 0855 MR5.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0856 MR6.00 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0857 MR6.01 Bohlin,Cywinski,Jackson 11/4/2010 12/10/2010 0858 MR6.02 Bohlin, _ Cywinski, Jackson 11/4/2010 12/10/2010 0859 MR6.03 Bohlin,Cywinski,Jackson 11/4!2010 12/1012010 0860 ER2.00 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0861 ER2.01 Bohlin, Cywinski, Jackson 11/4/2040 12/10/2010 0862 ER2.10 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0863 ER2.1 1 Bohlin, _ Cywinski, Jackson 11/4/2010 1114/2010 0864 ER3.00 Bohlin, Cywinski, Jackson 11!4/2010 11/4/2010 0865 ER3.10 1 Bohlin, Cywinski,Jackson 11/4/2010. 12/10/2010 0866 ER3.20 Bohlin, Cywinski, Jackson11/4/2010 12/10/2010 0867 ER4.00 Bohlin, Cywinski, Jackson 11!4/2010 12/10/2010 Exhibit A - Contract Document Listing Page 19 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 20 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0868 ER5.01 Bohlin, Cywinski,Jackson 11/4/2010 11/1812010 0869 ER5.02 Bohlin, Cywinsld,Jackson 11/4/2010 12/1012010 0870 ER6.01 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 ---Bo—hl-in, 0871 ER6.02 Cywinski, Jackson - II/4/2010 12/10(2010 0872 _ ER6.03 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 - 0873 ER7.01 - Bohlin, Cywinski, Jackson 111412010 12/10/2010 0874 ER7.02 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0875 ER7.03 Bohlin, Cywinski, Jackson 11/4/2010 11/18/2010 0876 PRI.OIU Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 6 -877 ----TPR 1-0 1 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0878PR 1.02 Bohlin, Cywinski, Jackson 11/4/2010 12/1012010 0879 PR 1.03 _ Bohlin, Cywinski, Jackson 11/4(2010 12/10/2010 0880 PR2.01 Bohlin, Cywinski,Jackson 11/412010 11/4/2010 0881 PR2.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4!2010 0882 PR3.01 Bohlin,Cywinski,Jackson _ 11!4/2010 121102010 -- 0883 PR5.01 ----------- Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0884 PR5.02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0885 PR5.03 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0886 FAR 1-0 1 — Bohlin, Cywinski, Jackson -- 11/4/2010 — 11/4/2010010 0887 FPR 1_02 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0888 FPRS_01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0889 TR 1.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0890 TR 1.02 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0891 TR4.01 Bohlin, Cywinski, Jackson 1114/2010 1114/2010 0892 FS 1.00 Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 0893 FSI.000 Bohlin, Cywinski, Jackson 1114/2010 11/4!2010 0894 FS2.00 Bohlin, Cywinski, Jackson 11(4/2010 11/412010 0895 FS2.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0896 TYR1.01 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0897 TYR1.02 Bohlin, Cywinski, Jackson 11/412010 11/4/2010 0898 AVR1.02 Bohlin, Cywinski, Jackson 11/4/2010 .12/10/2010 0899 EVR1.02 Bohlin, Cywinski, Jackson 1I/412010 11/4/2010 0900 011000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0901 012100 Bohlin, Cywinski, Jackson 11/4/2010 11/4!2010 0902 012200 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0903 012300 Bohlin, Cywinski, Jackson 1114/2010 111412010 0904 012500 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0905 012600 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 - 0906 012900_ ---- -- Bohlin, Cywinski, Jackson -- 11/4/2010 ------ 11(4/201-0 0907 013100 Bohlin, Cywinski, Jackson 11/4(2010 11/4/2010 0908 013200 Bohlin, Cywinski, Jackson 11/4!2010 11/42010 0909 .013233 Bohlin, Cywinski, Jackson 1114(2010 11/4/2010 - 0910 013300 Bohlin, Cywinski, Jackson — 11(4/2010 11/42010 0911 014000 Bohlin, Cywinski, Jackson 1114/2010 11/4/2010 0912 1 014100 Bohlin, Cywinski, Jackson 11(4/2010 11/18/2010 0913 1 014200 Bohlin, Cywinski, Jackson 11!4/2010 1114(2010 Exhibit A - Contract Document Listing Page 20 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 21 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0914015000 Bohlin, Cywinski, Jackson 11/4/2010 P —114/20 10 09157 015639 Bohlin,Cywinski,Jackson 11/4/2010 11/4/2010 0916 016000 Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 ' 0917 017300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0918 -------- 017320 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 0919 017419 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0920 017700 Bohlin, Cywinski,Jackson 11/4/2010 11/4/2010 0921__ 017823 Bohlin, Cywinski, Jackson 11(4/2010 11/4/2010 0922 017839 Bohlin, Cywinski, Jackson 1-114/2010 —11/4/2010 0923 017900 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0924 Bohlin, Cywinski, Jackson 11/4(2010 11/4/2010___ 0925 _018113 019113 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0926 024113 Bohlin, Cywinski, Jackson II/4/2010 11/4/2010 0927 024119 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0928 032000 _ Bohlin, Cywinski,Jackson_ 11/4/2010 11/4/2010 0929 032001 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0930 033000 Bohlin, Cywinski,Jackson 11/4/2010 11/4/2010 0931 033001 Bohlin, Cywinski, Jackson 11/4/2010 0932 033100 Bohlin, Cywinski, Jackson 11/4(2010 _11/4/2010 11/4/2010 —--- 0933 033313 — Bohlin,Cywinski, Jackson — 11/4/2010 11(4/2010 0934 033713 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0935042200 Bohlin, Cywinski,Jackson 11/4(2010 11/4/2010 0936 _____ -1-4-2223 142223 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0937 044200 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0938 044213 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0939 051200 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0940 051250 Bohlin, Cywinski, Jackson 11/4(2010 11/4/2010 0941 053000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0942 054000 Bohlin, Cywinski,Jackson 11/4/2010 11/4/2010 0943 055000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0944 055100 Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 0945 055300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0946 056000 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0947 057300 Bohlin Cywinski, Jackson 11/4/2010 11/18/2010 _ 0948 — 061000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0949 061500 Bohlin, Cywinski,Jackson 11/4/2010 11/18/2010 0950 061535 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0951 061600 Bohlin, Cywinski,Jackson 11/4/2010 11/4/2010 0952. 064023 __------ __ Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0953 066100 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 0954 066400 Bohlin, Cywinski, Jackson 11/412010 11/4/2010 0955 071116 Bohlin, Cywinski, Jackson 11/4/2010 11/4(2010 0956 071326 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0957 071327 Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 0958 071355 _ Bohlin, Cywinski, Jackson 11/4(2010 11(4/2010 0959 071700 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 Exhibit A - Contract Document Listing Page 21 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 22 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 0960 071923 Bohlin, Cywinski, Jackson 11/4/2010 11/4!2010 0961 _072100 Bohlin, Cywinski, Jackson 11/4/2010 11/4(2010 0962 072726 Bohlin, Cywinski, Jackson II/4/20 0 —11/4/2010 0963 073116 Bohlin, Cywinski, Jackson_ 11!4/2010 --- I 1 /4/2010 0964 _ 074213 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0965 074216 BoWin, Cywinski, Jackson 11/4/2010 11/18/2010 � 0966 074219 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0967 075419 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 .0968 076200 Bohlin, Cywinski, Jackson 11(4/2010 11/4/2010 0969 077200 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0970 - 078100 Bohlin,Cywinski,Jackson _ 11/4/2010 11/4/2010 0971 078413 hlin, Cywin-- Boski, Jackson -- 1114!2010 11/4—/2010 0972 078446 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0973 079200 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 0974 079214 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0975 079500 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0976 081113 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 0977 081166 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0978 081416 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0979 083113 -- Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0980 _ 083213 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0981 083215 Bohlin, Cywinski, Jackson 11/4/2010 12/10/2010 0982 083217 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0983 083326 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 0984 083473 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0985 084113 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0986 084413 Bohlin, Cywinski, Jackson 1-114/2010 I 1/4/201 —0 0987 084433 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0988 085113 Bohlin, Cywinski, Jackson 11/4/2010 _ 11/4/2010 0989 087100 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0990 088000 Bohlin, Cywinski, Jackson_ 11(4/2010 1/20!2011 0991 088300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0992 089000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 0993 092117 Bohlin, Cywinski, Jackson 11!4/2010 11/4/2060 _0994 ___ 092216 Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 0995 092350 _ Bohlin, Cywinski, Jackson 1 1/4/2010 _ 11/4/2010 0996 092400 Bohlin, Cywinski, Jackson 1 1/4/2010 11/412010 0997 092600 Bohlin, Cywinski, Jackson 11/4/2010 12!10/2010 0998 092900 Bohlin, Cywinski, Jackson 11/4(2010 11/4/2010 0999 093013 Bohlin, Cywinski, Jackson 11/4/2010 1H4(2010 1000 093033 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1001 095113 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 1002___ 095426 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1003 095430 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1004 095440 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1005 095443 Bohlin, Cywinski, Jackson 11(4!2010 11/4/2010 Exhibit A — Contract Document Listing Page 22 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 23 OF 26 ITEM # SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE 1006 096313 Bohlin, Cywinski,Jackson 1114/2010 11/4/2010 1007 096513 - Bohlin, Cywinski, Jackson /20 11/4/2010 11/4/2010 1008 096516 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1009 09651.9 Bohlin, Cywinski, Jackson 11/4/2010 11!4/2010 1010 096536 Bohlin, Cywinski, Jackson 11/4/2010 11/412010 _ 101 1 096623 Bohlin, Cywinski, Jackson 11./4/2010 11/4/2010 _ 1012 096813 Bohlin, Cywinski, Jackson_ 11/4/2010 11/412010 1013 096816 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 _ 1014 096900 Bohlin, Cywinski, Jackson 11/4/2010 11/4!2010 1015 097713 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 1016 099100 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 _ 1017 1018 099600 099713.23 Bohlin, Cywinski, Jackson _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 11/4/2010 1/20!2011 1019_ 101100 Bohlin, Cywinski, Jackson II/4/2o10 11/4/2010 1020 102113 _ Bohlin, Cywinski, Jackson _ 11/4/2010 11/4/2010 1021 --- 102600 Bohlin, Cywinski, Jackson 11/4!2010 1114/2010 1022 102800 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1023 - 1024 104413 104416 Bohlin, Cywinski, Jackson ------------- Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 --------------- 11/4/2010 II(4/2010 1025 _ 105113 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1026 113100 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1027 114000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1028 115213 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1029 122413 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 1030 124813 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1031 124816 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1032 126100 Bohlin, Cywinski, Jackson 11/4/2010 .1/20/2011 1033 129300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1034 133123 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1035 141000 Bohlin, Cywinski, Jackson 11/4/2010 11!4/2010 1036 142100 Bohlin, Cywinski, Jackson 1114/2010 12110/2010 1037 211000 Bohlin, Cywinski, Jackson 11/4/2010 1/20/2011 1038 220500 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1039 220519 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1040 220523 Bohlin, Cywinski, Jackson - 11/4/2010 11/4/2010 _ 1041 220529 Bohlin, Cywinski, Jackson 11/4/2010 11(4/2010 1042 220553 Bohlin, Cywinski Jackson 11/4/2010 11/4/2010 _ 1043 ! 220700 Bohlin, Cywinski, Jackson 1 1!4/2010 1114/2010 — 1044 221 116 Bohlin, Cywinski, Jackson ---— --------- ---IT/4/2016 1/4/2010 1045 221119 _ Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 1046 221316 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1047j 221319 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010----- 1048 221329 Bohlin, Cywinski, Jackson 11/4/2010 11/42010 1049 221413 Bohlin,Cywinski,Jackson 11/42010 11/4/2010 1050 223300 Bohlin, Cywinski, Jackson 11/412010 11/4/2010 1051 223400 Bohlin, Cywinski, Jackson 11!4/2010 11/4/2010 Exhibit A — Contract Document Listing Page 23 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 24 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 1052 224000 Bohlin, Cywinski, Jackson 11/4/2010 11!4/2010 1053 22_4900 Bohlin, Cywinski, Jackson 11/4/2010 111412010 1054 230500 _ _ Bohlin, Cywinski, Jackson 11/4/2010 111412010 1055 230513 Bohlin, Cywinski, Jackson_ 11/4/2010 11/4/2010 1056 230516 Bohlin,Cywinski,Jackson 11/4/2010 11/4/2010 1057 230519 Bohlin, Cywinski, Jackson 11/4/2010 II/4/2010 TOSS 230523 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 230529 __ Bohlin, Cywinskickson, Ja 11/4!2010 11/4/2010 1060 230530 Bohlin, Cywinski, Jackson 1 1/4/2010 11/4/2010 1061 230548 Bohlin, Cywinski, Jackson 1-1/412010 11!4!2010 1062___ 230553 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 1063 230593 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1064 230713 Bohlin, Cywinski, Jackson 11/4/2010 HI/4/2010 1065 _230716 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1066 230719 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1067 230800 Bohlin, Cywinski, Jackson I (/412010 11/4/2010 1068 230903 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1069 230923 ----- Bohlin, Cywinski, Jackson 11/4/2010 1 114/2010 1070 —1 230993 Bo — -- hlin, Cywinski, Jackson - - 11/4/2010 - -- 11/4/2010 K07 232116 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1072 232123 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1073 -------- 232300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1074 232500 - Bohlin, Cywinski, Jackson ---- 11/4/2010 - 11/4/2010 1075 233113 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1076 233116 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1077 233300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1078 233400 Bohlin, Cywinski, Jackson 11/4/2010 11!4/2010 1079 233600 Bohlin, Cywinski, Jackson 1114/2010 1!4/2010 1080 233713 Bohlin, Cywinski, Jackson 11/4/2010 II/4/2010 1081 234100 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1082 235100 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1083 235216 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1084 235700 Bohlin, Cywinski, Jackson II/4!2010 11/4/2010 1085 236423 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1086 236500 Bohlin, Cywinski, Jackson —11/4/2010 11/4/2010 1087 237300 Bohlin, Cywinski, Jackson 11!4/2010 11/4/2010 1088 238123 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1089. 238126_ Bohlin, Cywinski, Jackson 11/4/2010 11/4!2010 1090 238219 Bohlin, Cywinski, Jackson 11/4/2010 _ 11/4/2010 1091 238233 _ Bohlin, Cywinski, Jackson II(4/2010 11/4/2010 1092 238316 Bohlin, Cywinski,Jackson 11/4/2010 11/4/2010 1093 260500 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1094 260519 Bohlin,Cywinski,Jackson 11!4/2010 II/4/2010 1095 260526 Bohlin,Cywinski,Jackson 11/4!2010 11/4/2010 1096 260529 Bohlin, Cywinski, Jackson 11!4/2010 1 11/4/2010 1097 260533 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 Exhibit A - Contract Document Listing Page 24 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 25 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 1098 260553 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1099 260800 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1100 260933 Bohlin, Cywinski, Jackson 11/4/2010 1114/2010 1101 i262200 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1102 1 262413 Bohlin, Cywinski, Jackson 16/4/2010 _ 11/4/2010 1103 —-- (262416 Bohlin, Cywinski, Jackson -_ 11!4/2010 1114!2010 1104 ( 262713 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1105 262719 Bohlin, Cywinski, Jackson 11/4/2010.12/10/2010 1106 262726 Bohlin, Cywinski, Jackson 11!4/2010 -11/4/20 10 11/4/2010 1107 262816 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1108 262913 Bohlin, Cywinski, Jackson_ 11/4/2010 11/4/2010 1109 262923 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1110 263200 Bohlin, Cywinski Jackson 11/4!2010 11/4/2010 _ 111 I 263623 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010___ 1112 265100 Bohlin, _ 11/4/2010 11/4/2010 1113 _ 265600 _Cywinski,Jackson Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1114 000000 Bohlin, Cywinski, Jackson 1114/2010 11/4/2010 1115 270500 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 11 I6______ 1117__ 270526_ 270528 _ Bohlin, Cywinski, Jackson_ Bohlin, Cywinski, Jackson 11/4/2010 111412010 11/4/2010 11!4/2010 1118 270543 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1119 1 120 270553 271100 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 11/4/2010 1-1 AM K0 1 121 271300 Bohlin, Cywinski, Jackson 11/4/2010 1 1!4/2010 1122 271500 Bohlin Cywinski, Jackson 11/4!2010 11/4/2010 271619 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 _1123 1124 274100 Bohlin, Cywinski, Jackson 11/4!2010 1 125 275119 Bohlin, Cywinski, Jackson 14! 112010 _11/412010 1 1!4/2010 1126 280000_ _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1127 280513 Bohlin, Cywinski, Jackson 11/4!2010 1I/4/2010 1128 280610 Bohlin, Cywinski, Jackson 11/4!201011/4/2010 1129 280620 Bohlin, Cywinski, Jackson 11!4!2010 11/4/2010 1130 280660 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1131 281000 Bohlin, Cywinski, Jackson 11/4!2010 11/4/2010 1132 282300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1133 282623 Bohlin, Cywinski, Jackson II/4120 00 11/4/2010 1134 283100 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1 135 283500 Bohlin, Cywinski, Jackson 11/412010 1. 1/4/2010 1136 285000 _ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1137 286000 Bohlin, Cywinski, Jackson_ 11/4/2010 11/4/2010 1138 311000 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1139 312333 Bohlin, Cywinski, Jackson 1114/2010 11/4/2010 1140 316800 ___ Bohlin, Cywinski, Jackson __ 11/4/2010 1141 320190 Bohlin, Cywinski, Jackson 11/4/2010 _1/2012011 11/4/2010 1 142 321 123 Bohlin, Cywinski, Jackson I (!4/2010 11/4/2010 1143 321216 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 Exhibit A- Contract Document Listing Page 25 of 26 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 26 OF 26 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 1144 321300 Bohlin, Cywinski, Jackson 11(4/2010 11/4/2010 1145 321400 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1146 321410 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1147 321413 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1148 321413.16 Bohlin, Cywinski, Jackson 1114/2010 1 1/4/2010 1149 321500 1150 321723 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 11/4!2010 11/4/2010 -11-5 -1 328400 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1152 329113 Bohlin, Cywinski, Jackson 1114/2010 1 1/4/2010 1153 329119 Bohlin, Cywinski, Jackson 1 1/4/2010 1 1/4/2010 1154 329119.13 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010_ 1155 329119.23 Bohlin, Cywinski, Jackson 11/4(2010 11/4(2010 IIS6 329210 Bohlin, Cywinski, Jackson 11/4/2010 II/4/2010 1157 329221 Cywinski, Jackson II(4/2010 11/4!2010 1158 329222__ Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1159 329223 Bohlin, Cywinski, Jackson 11/4/2010 1 1/4/2010 1160 329300 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1161 331100 .Bohlin, Cywinski, Jackson 11(412010 11!4!2010 1162 333100 Bohlin, Cywinski, Jackson 11/4!2010 _ 1114/2010 1163 333913 Bohlin, Cywinski, Jackson 1114/2010 11/4/2010 1164 334100 Bohlin, Cywinski, Jackson 1 1/4/20 10 11/4/2010 1165 334119 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1166 334419 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 1167 334600 Bohlin,Cywinski,Jackson 11(4/2010 11/4/2010 1168 334913 inski,Jackso Bohlin, Cywn II/4/2010 1/20/2011 1169 335100 Bohlin, Cywinski, Jackson 11/4!2010 11/4!2010 1170 336113 Bohlin, Cywinski, Jackson 11!4/2010 1(20/2011 1171 481413 Bohlin, Cywinski, Jackson 11/4/2010 11/4/2010 SPECIFICATION MANUAL Project Specification Manual prepared by Bohlin, Cywinski, Jackson dated November 4, 2010 entitled Newport Beach Civic Center and Park divisions I through 48 inclusive. SOILS REPORT Soils Report prepared by Leighton Consulting dated April 2, 2010 entitled Geotechnical Exploration Report for the City Hall / Civic Center and Park Development Plan Newport Beach, Orange County, California and Addendum dated September 10, 2010 in review of shoring plan for permanent shoring Wall. ADDENDA Addenda Prepared by Bohlin, Cywinski, Jackson as follows: Addenda Number I dated November 18, 2010 Addenda Number 2 dated December 10, 2010 Bulletin Number I dated January 20, 2041 Exhibit A - Contract Document Listing Page 26 of 26 V1� .i J 7 r F V P J a n ml N li! I z 02 Q i m U u - s, ro m ° ro � 9 ° P N � N J QT c i I W j Y m a ,o a: N P N j C � N E I � c m v yi v a ri w g9 v ro n u a Sf v 0 L ¢ L = 9 O I Ii , I Z V =s _ I � 1 i i - c � o a Z r r � c L N N w p9 ¢I P P a 1 O Li 'm N K u iCl S F � Z Q cb r = P U n 19 UI W 47 '- ' � a s o N m a v v � w A a C - N n - :.� V — u Y d M � i I m 'P I I�9 e 0 0 a m Z 0 y Q ei m k 4 9 m 9 r u" V `o 3 2 e ai v o � a J O O p O - a a d - �? - U n p E v h m p J N O a ri - N a L I U i c i N m VI ✓ N Li 6 D] 2 I _�_ _._ I I I - T o P � 4f N 3 � E q q m ' I I i i —p N w N � J W M W E N � q O O I in � N MITG c i° I I o U m P v v 1 I E ro r m a a _ >O N 6 M ry i -I c iv N 2 I IN u Q in Da` m�u.a ¢mo -u g lzj I 4- ME ■NIE; I I a q v V V U1 V V i 0 w � ri m a �n v c E W N � l E cl w w w `a o w` iO h _ C W ry N TS d Q W m 6 epi 9 Z m v n v a o O w I , Z LO, d 0 m F u Z= o - m` _v N ' s d22': N a - a � o = o Q E _ Q w a i = 6 Z W V- u ! 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U Q ml v V N 6 9 m a e 4 V � N � P W P C O Q � I O = O w W w y3 N y� N W 4i Ur 3 0 = o N W P _ d U D _ O d � _ O V i v Go m I ' a o on xi m` n 3 �O V P P O W W a c Q w = w } m' b v A v o o e g Z O 6 m '3 9 = Q O J Q 3 p a a ti, o m 15 W r �1El P14 n/ u h C O 4J u 5- L 41O u L L a 0 cl m ►2 C. N E L v v �. .. E. MO - o.. o r I d u v Via,'='C.r � o nvsa r'. 76'_a� 'a �NQI m s. .U.'m61 � �N6l.Z N1-LL'tnLL N Ii (n t9NLLy mN li m'�:6 U mm m66 e 0: Y N e ♦ N N • 0 ® 0 r �1El P14 n/ u h C O 4J u 5- L 41O u L L a 0 cl m ►2 C. E L v v �. .. E. MO - o.. o Via,'='C.r nvsa r'. 76'_a� 'a �NQI m s. .U.'m61 � �N6l.Z N1-LL'tnLL N Ii (n t9NLLy mN li m'�:6 U mm m66 O a q, o O a c m a W Y o v m C a 9 M r M r N _ N N I LL a a LL a LL (O N m o J V N N a p p d m 0 J m u o ! u 9 9 9 L 9 9 o d 2 Q Gt UJWLL � JtL NO EE m � �M m m m m m N LL Vii W 2 y N Vl M'. O O. � D N (7 N W O r cf .- M CC r O �D C tO -. -.. r • .. 3..3.x. d N c IL o i 0 O a q, o O a c m a W Y o v m C a 9 illus N _ N N I LL d - (O N a q, o O a c m a W Y o v m C a 9 G,N N _ N N I N m � 'h 6 aaQQ¢ ¢ ¢ m ! ¢ p0 N N to T 3 V C O ,Z; U L 0 h O u Cd E 4J H rd ►3 o _ a 9 N N I LL d - (O N m o J V N N a p p d m 0 J m 9 9 9 L 9 9 p� d 2 Q Gt UJWLL � JtL NO EE m � �M m m m m m N LL Vii W 2 y N Vl M'. O O. � D N (7 N W EXHIBIT 2 OWNER CONTROLLED INSURANCE PROGRAM 1.1 Overview. The City has determined that this project ("Project") shall be insured under an Owner Controlled Insurance Program ("OCIP"). The OCIP is more fully described in the OCIP Manual (the "OCIP Manual") for the Project, which is incorporated herein and by this reference. Parties performing labor or services at the Project site are eligible to enroll in the OCIP, unless they are Excluded Parties (as defined below). The insurance coverage under the OCIP is provided pursuant to policies of insurance ("OCIP Policies") issued by insurance companies ("OCIP Insurers") that provide for specified coverage ("OCIP Coverage"). The OCIP Insurers will provide to Enrolled Parties (as defined below) and not to Excluded Parties, Workers' Compensation and Employer's Liability insurance, Commercial General Liability insurance, and Excess Liability insurance, as summarily described below, in connection with the performance of the Work ("OCIP Coverages"), 1.2 Enrolled Parties and Their Insurance Obligations. OCIP Coverages shall cover the City, the OCIP Administrator, and Enrolled Parties. Enrolled Parties are: the CM and eligible subcontractors of all tiers that enroll in the OCIP, and such other persons or entities as the City may designate, in its sole discretion (each party insured under the OCIP is an "Enrolled Party"). Participation in the OCIP is mandatory, but not automatic for CM and all eligible subcontractors, of every Tier, each of whom must enroll in the OCIP as required by the terms of the OCIP Manual. Enrolled Parties shall obtain and maintain, and shall require each of its or their subcontractors to obtain and maintain, the insurance coverage specified in Section 1. 10, below, and in the OCIP Manual. 1.3 Excluded Parties and Their Insurance Obligations. The OCIP Coverages do not cover the following "Excluded Parties": (a) Hazardous materials remediation, removal and/or transport companies and their consultants; (b) Architects, surveyors, engineers, and their consultants; (c) Vendors, suppliers, fabricators (unless they also install), material dealers, truckers, haulers, drivers and others who merely transport, pick up, deliver, or carry materials, personnel, parts or equipment, or any other items or persons to or from the Project site; (d) Each of CM's subcontractors or their respective subcontractors of all tiers that do not perform any actual labor on the Project site; and (e) Any parties or entities not specifically identified in this Exhibit 2 or excluded by the City in its sole discretion, even if they are otherwise eligible. The OCIP, OCIP Policies and OCIP Coverages shall not apply to Excluded Parties, even if erroneously enrolled in the OCIP. Excluded Parties and parties no longer enrolled in or covered by the OCIP shall obtain and maintain, and shall require each of its or their subcontractors of all tiers to obtain and maintain, the insurance coverage specified in Section 1. 10, below, and in the OCIP Manual for all on-site and off-site operations. 1.4 OCIP Insurance Policies Establish the OCIP Coverages. The OCIP coverages and exclusions summarized in this Exhibit 2 and in the other Contract Documents are set forth in full in their respective insurance policies. The summary descriptions of the OCIP Coverages in this Exhibit 2 or the OCIP Manual are not intended to be complete or to alter or amend any provision of the actual OCIP Coverages. In the event that any provision of this Exhibit 2, the summary below, the OCIP Manual, or the Contract Documents conflicts with the OCIP insurance policies, the provisions of the actual OCIP insurance policies shall govern. OCIP Exhibit Net Bid 1.5 Summary of OCIP Coverages. OCIP Coverages shall apply only to those operations of each Enrolled Party performed at the Project site in connection with the Work, and only to Enrolled Parties that are eligible for the OCIP. OCIP coverages shall not apply to Excluded parties, even if they are erroneously enrolled in the OCIP. An Enrolled Parry's operations away from the Project site, including product manufacturing, assembling, or otherwise, shall only be covered if such off-site operations are identified and are dedicated solely to the Project. Oft -site operations are not covered until CM or subcontractor receives written acknowledgement of OCIP coverage for off-site operations from the OCIP Administrator. The OCIP shall provide only the following insurance to eligible and Enrolled Parties: Summary Only Workers' Compensation Insurance Statutory Limit This insurance is primary for all occurrences at the Project site Employer's Liability Insurance Bodily Injury by Accident, each accident $1,000,000 Bodily Injury by Disease, each employee $1,000,000 Bodily Injury by Disease, policy limit $1,000,000 This insurance is primary for all occurrences at the Project site. Commercial General Liability Insurance Equivalent to ISO Occurrence Form, or its equivalent. Each Occurrence Limit $2,000,000 General Aggregate Limit for all Enrolled Parties $4,000,000 Ten (10) Years Products & Completed Operations Extension Products & Completed Operations Aggregate for all Enrolled Parties $4,000,000 *This insurance is primary for all occurrences at the Project site. The OCIP Commercial General Liability policy shall not provide coverage for any claim that could be covered under a Property or Builder's Risk policy. Excess Liability Insurance (over Employer's Liability & General Liability) Combined Single Limit $50,000,000 General Annual Aggregate for all Enrolled Parties $50,000,000 Ten (10) Years Products & Completed Operations Extension Products & Completed Operations Aggregate for all Enrolled Parties $50,000,000 General Liability Deductible Assessment Obligation The CM or its subcontractor primarily responsible for causing any bodily injury or property damage liability loss shall be responsible for payment of a deductible assessment. The assessment will equal the deductible under the responsible CM's or responsible subcontractor's general liability policy up to a maximum assessment of $25,000. The minimum assessment shall be the actual loss or $5,000 whichever is less. The assessment shall be applied on the same basis as applied under the responsible CM's or responsible subcontractor's primary general liability insurance policy. Upon request the responsible CM and/or responsible subcontractors are required to provide the City a copy of their commercial general liability insurance declarations page for determining the deductible assessment. If the loss exceeds $5,000 and information necessary to determine the applicable deductible as stated on the general insurance certificate is not available to the City, the City will assess the actual loss up to a $25,000 maximum per occurrence until receipt of documentation from the responsible CM or responsible subcontractor's commercial general insurance policy evidencing the actual deductible. If the loss is less OCIP Exhibit Net Bid /,_,,, — than $5,000, the City will charge the actual loss. The City will charge the CM and/or subcontractor deductible assessment by processing administrative deductions on the CM's progress payments. At the option of the City, this deductible assessment may also be processed by direct billing, construction change orders, or any other method deemed appropriate by the City. The deductible assessment does not apply to workers' compensation claims by an employee of the CM or a subcontractor. 1.6 Property Insurance (a) Purchase by City. Unless otherwise provided, the City shall purchase and maintain builder's risk insurance in an appropriate amounts for the insurable Work at the Site. (b) Builder's Risk Deductible Assessment. CM shall pay the first $5,000 of any deductible applicable to the builder's risk insurance. This includes all expenses or claim payments incurred by the OCIP Insurer for losses attributable to the CM's work, acts or omissions, or the work, acts or omissions of any tier of subcontractor. CM may elect to pass this charge through to any responsible subcontractor but in no event may require total subcontractor reimbursement in excess of $5,000. Notwithstanding the above paragraph, City may purchase builder's risk insurance that involves a deductible greater than $5,000. CM or its subcontractor shall pay all costs not covered because of such deductibles (Not to Exceed $25,000) if the loss is the result of the willful actions (including failure to protect the City's property or work), gross negligence, misconduct, or failure to follow the instructions of a representative of the City, by CM or by any subcontractors of any tier. (c) Off -Site Storage. Unless otherwise provided in the Contract Documents, the property insurance required by this Section 1.6 shall not cover portions of the Work stored off the Site without written approval of the City. CM shall be responsible for reporting such property or work to the City Risk Manager if ownership has been transferred to the City. If ownership rests with the CM or its subcontractor, CM or subcontractor shall be responsible for obtaining insurance to protect its interests. (d) Machinery, Tools. The insurance required by this Section 1.6 is not intended to cover machinery, tools or equipment owned or rented by the CM or subcontractors that are utilized in the performance of the Work but not incorporated into the permanent structure. The CM or subcontractor shall, at the CM's or subcontractor's own expense, provide insurance coverage for such owned or rented machinery, tools or equipment. (e) Partial Occupancy. Partial occupancy or use shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The City and the CM shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 1,7 City's Insurance Obligations. The City shall pay the costs of premiums for the OCIP Coverages. The City will receive or pay, as the case may be, all adjustments to such costs, whether by way of dividends, retroactive adjustments, return premiums, other moneys due, audits or otherwise. CM hereby assigns to the City the right to receive all such adjustments, and shall use its best efforts to ensure that each of its subcontractors of every tier assigns to the City the right to receive all such adjustments. The City assumes no obligation to provide insurance other than that specified in this Exhibit 2, and in the OCIP insurance policies. The City's furnishing of OCIP Coverages shall in no way relieve or limit, or be construed to relieve or limit, CM or any of its subcontractors of any tier of any responsibility, liability, or obligation imposed by the Contract Documents, the OCIP insurance policies, or by law, including, without OCIP Exhibit Net Bid _ limitation, any indemnification obligations which CM or any of its subcontractors has to the City thereunder. The City reserves the right at its option, without obligation to do so, to furnish other insurance coverage of various types and limits provided that such coverage is not less than that specified in the Contract Documents, 1.8 CM & Subcontractor Obligations: (a) Incorporate the terms of this Exhibit 2 in all subcontract agreements. (b) Enroll in the OCIP within five (5) days of execution of the Contract and maintain enrollment in the OCIP for the duration of the Contract, and assure that each of CM's eligible subcontractors of every tier enroll in the OCIP, and maintain enrollment in the OCIP for the duration of their respective subcontract within five (5) days of subcontracting and prior to the commencement of Work at the Project site. (c) Comply with all of the administrative, safety, insurance, and other requirements outlined in this Exhibit 2, the OCIP Manual, the OCIP insurance policies, or elsewhere in the Contract Documents. (d) Provide to each of its subcontractors of every tier a copy of the OCIP Manual, and ensure subcontractor compliance with the provisions of the OCIP insurance policies, the OCIP Manual, this Exhibit 2, and the Contract Documents. The failure of (a) the City to include the OCIP Manual in the bid documents or (b) CM to provide to each of its eligible subcontractors of every tier a copy of the same shall not relieve CM or any of its subcontractors from any of the obligations contained therein. (e) Acknowledge, and require all of its subcontractors of every tier to acknowledge, in writing, that the City and the OCIP Administrator are not agents, partners or guarantors of the insurance companies providing coverage under the OCIP (each such insurer, an "OCIP Insurer"), that neither the City nor the OCIP Administrator are responsible for any claims or disputes between or among CM, its subcontractors of any tier, and any OCIP Insurer(s), and that neither the City nor OCIP Administrator guarantees the solvency or the availability of limits of any OCIP Insurer(s). Any type of insurance coverage or limits of liability in addition to the OCIP Coverages that CM or its subcontractors of any tier require for its or their own protection, or that is required by applicable laws or regulations, shall be CM's or its subcontractors' sole responsibility and expense, and shall not be billed to the City. (fl Cooperate fully with the OCIP Administrator and the OCIP Insurers, as applicable, in its or their administration of the OCIP. Any information that is required by the OCIP Manual or determined by City, in its sole discretion, to be relevant to the OCIP, including, without limitation, insurance underwriting, payroll, rating, safety or loss history information, certified copies of insurance policies, declaration pages of coverages, certificates of insurance, OSHA citations and other information or records, shall be provided by CM or subcontractor to the City within ten (10) calendar days of request by the City or the OCIP Administrator. (g) Provide, within ten (10) calendar days of the City's or the OCIP Administrator's request, all documents or information as requested of CM or its subcontractors. Such information may include, but may not be limited to, payroll records, certified copies of insurance coverages, declaration pages of coverages, certificates of insurance, underwriting data, prior loss history information, safety records or history, OSHA citations, construction cost estimates for this Project, including auditable records of the calculation of the bid or Contract Price/Contract Sum or any subcontract amount, pricing for each cost included in the bid or Contract Price/Contract Sum or any subcontract amount, or such other data or information as the City, the OCIP Administrator, or OCIP Insurers may request in the administration of the OCIP, to verify that the Costs of OCIP Coverages were not included in the Contract Price/Contract OCIP Exhibit Net Bid Sum or any subcontract amount, or as required by the OCIP Manual. All such records shall be maintained through the term of the Contract and for a period of one (1) year thereafter. (h) Comply, and require all of its subcontractors to comply with OCIP Administrator's instructions for electronically enrolling in the OCIP using "Aon Wrap" and for electronically reporting payroll using "AonWrap." (i) Pay to the City (without limitation to any of the City's other rights under the Contract Documents) a sum of up to $25,000 for each occurrence, inclusive of, court costs, attorneys fees and costs of defense for bodily injury or property damage to the extent losses payable under the OCIP Commercial General Liability Policy are attributable to CM's Work, acts, or omissions, the Work, acts, or omissions of any of CM's subcontractors of any tier, or the Work, acts or omissions of any other entity or parry for whom CM or its subcontractor may be responsible ("General Liability Deductible Assessment Obligation"). The General Liability Obligation shall remain uninsured by CM and subcontractors, and will not be covered by the OCIP Coverages. This obligation shall be assessed as detailed in Section 1.5 of this Exhibit 2 above. 1.9 Method Of Calculation Of Credit Or Compensation for Premium. CM and each subcontractor shall bid the Project `net' of insurance costs due to eligibility for the OCIP. CM shall exclude the Cost of OCIP Coverages from its bid, and ensure that each subcontractor of every tier excludes the Cost of OCIP Coverages from their respective bids. The "Costs of OCIP Coverages" is defined as the amount of CM's and its subcontractors' reduction in insurance costs due to eligibility for OCIP Coverages, as determined by using Aon Form -1, Aon Form -2, and Aon Form -3 which are located in the OCIP Manual. The Costs of OCIP Coverages includes reduction in insurance premiums, related taxes and assessments, markup on the insurance premiums and losses retained through the use of the self-funded program, self- insured retention, or deductible program. The Cost of OCIP Coverages must include expected losses within any retained risk. CM must deduct the Cost of OCIP Coverages for all subcontractors in addition to their own Cost of OCIP Coverages. Change orders must also be priced to exclude the Cost of OCIP Coverages. 1.10 Additional Insurance Required From Enrolled Parties and Excluded Parties. CM shall obtain and maintain, and shall require each of its subcontractors of all tiers to obtain and maintain, the insurance coverage specified in this Section 1.10 in a form and from insurance companies reasonably acceptable to the City. The insurance limits may be provided through a combination of primary and excess policies, including the umbrella form of policy. Each policy required under this Section 1. 10, except the Workers' Compensation policy and Professional Liability, shall include or be endorsed to include the City, and their respective officers, agents and employees, and any additional entities as the City may request, as additional insureds. The policy or any additional insured endorsement shall provide that the coverage provided to the additional insureds is primary and non-contributory with respect to any other insurance available to the additional insureds. CM and subcontractors shall provide certificates of insurance coverage to the City or the OCIP Administrator as required by the OCIP Manual. All required insurance shall be maintained without interruption from the date of commencement of the Work until the date of the Final Payment unless otherwise specified elsewhere in the Contract Documents or the OCIP Manual. Insurance required by this section, shall be written by a company or companies lawfully authorized to do business in the State of California and having a current A.M. Best's rating of no less than A-: VI unless otherwise approved in writing by the City. All insurance coverage and limits required of or provided by CM or the subcontractors are intended to apply to the full extent of the policies. Nothing contained in this Section or elsewhere in the Contract Documents relating to the City or its operations is intended to limit the application of such insurance coverage. s pl!o_ OCIP Exhibit Net Sid CM and its subcontractors must agree to provide, or to require CM's or subcontractor's broker or insurer to provide, immediate written notice to the City if any of the insurance required by this agreement is suspended, voided, canceled or not renewed during the term of this agreement. CM and its subcontractors acknowledge and agree that any actual or alleged failure on the part of the City to inform CM of non-compliance, or CM's actual or alleged failure to inform subcontractors of non- compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. Work performed under the Phase I scope of work is not covered by the OCIP and is subject to insurance coverage and rates required and approved by City and calculated at .9I% of the Total Cost of the Work (Including Changes in the Work). This OCIP Exhibit only applies to Phase 2 (Parking Structure) and Phase 3 (Civic Center Building, Central Library Expansion & Park). Unless approved by the City, any type of insurance or any increase of limits of liability not required by this OCIP Exhibit , which CM or subcontractor requires for its own protection or on account of any statute, shall be CM's or subcontractor's responsibility and at CM's or subcontractor's own expense. City shall have no responsibility for arranging coverage or for payment of premiums for any insurance coverage required of any CM or Subcontractor under this Section. Enrolled Parties are to provide evidence of Worker's Compensation, Employer's Liability, General Liability, and Excess Liability insurance, as set out below, for work performed away from the project site, and evidence of Automobile Liability insurance for all activities on and off the project site. Excluded Parties must provide evidence of all insurance set out below for both on-site and off-site activities. (a) Business Automobile Coverage providing coverage not less than the standard ISO form CA 00 01, covering all owned, non -owned, and hired automobiles, trucks, and trailers with a limit of not less than $1,000,000 (b) Statutory Workers' Compensation Insurance and Employer's Liability insurance with statutory limits as required by law, including Maritime coverage, if appropriate, and Employer's Liability limits of not less than $1,000,000 each accident, $1,000,000 each employee, and with a $1,000,000 policy limit. (c) Commercial General Liability Insurance in a form providing coverage not less than the standard ISO Commercial General Liability insurance policy ("Occurrence Form"). The limits shall be no less than: Enrolled Parties & Excluded Parties Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal/Advertising Injury Aggregate $1,000,000 (d) If required by the City, Aviation and/or Watercraft Liability Insurance or other insurance, in form and with limits of liability and from an insuring entity reasonably satisfactory to the City. (e) Contractor's pollution liability insurance (for CM or any subcontractors performing Hazardous Substance remediation or as required by the City) shall be written on a form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. When this insurance is required, all activities comprising the Work shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the Site to the final disposal location, including non - owned disposal sites. Products/completed operations coverage shall extend a minimum of b OCIP Exhibit Net Bid three (3) years after Final Completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors said policy must include work performed "by or on behalf' of the insured. Said policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Said policy shall specifically provide for a duty to defend on the part of the insurer. If the covered operations involve Hazardous Substances remediation under a subcontracting arrangement, CM shall insure that the subcontractor performing the remediation complies with this requirement. Such subcontractors shall be ineligible for the OCIP. If transporting hazardous waste/materials from the Site, appropriate MCS -90 Endorsement must be attached and supplied to the City on a primary basis with $5,000,000 limits of liability. (t) Professional Liability Insurance (if any professional services are to be provided) in the amount of not less than $2,000,000 per claim and in the aggregate. CM agrees to maintain continuous coverage for professional liability applicable to Work performed for a period no less than five years after completion of the Work. Any claims -made policy used to meet the requirements of the Contract Documents shall have a retroactive date prior to commencement of the Work. If professional services are to be provided through a subcontractor or subconsultant, CM shall insure that the subcontractor or subconsultant complies with this requirement. Such subcontractors and/or subconsultants shall be ineligible for the OCIP. (g) Other Insurance in addition to coverage described in (a) through (f) above as may be required by the City to protect CM, the subcontractors, and other Indemnitees from loss related to the Work or the performance thereof. Cost of such other insurance may be an additional cost to be reimbursed by the City. However, requirements to provide evidence of CM's existing insurance or to provide City or other indemnitees with additional insured status on such insurance, shall not be reimbursable. CM's failure to procure or maintain the insurance required by this Exhibit 2 and/or to ensure that all of its subcontractors of every tier maintain the required insurance during the entire term of their respective contracts shall constitute a material breach of this Agreement pursuant to which the City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect the City's interests, pay any and all premiums in connection therewith, and withhold or recover all monies so paid from CM. 1.11 CM's Representations and Warranties to the City. CM represents and warrants to the City, and shall use its best efforts to ensure that each of its subcontractors of every tier represent and warrant to the City that to the best of its knowledge: (a) All information they submit to the City, or to the OCIP Administrator, shall be accurate and complete. (b) They have had the opportunity to read and analyze copies of the OCIP insurance policies that are on file in the City's office, and that they understand the OCIP Coverages. Any reference or summary in the Agreement, this Exhibit 2, the OCIP Manual, or elsewhere in any other Contract Document as to amount, nature, type or extent of OCIP Coverages and/or potential applicability to any potential claim or loss is for reference only. CM and its subcontractors of all tiers have not relied upon said reference, but solely upon their own independent review and analysis of the OCIP Coverages in formulating any understanding and/or belief as to amount, nature, type or extent of any OCIP Coverages and/or its potential applicability to any potential claim or loss. (e) The Costs of OCIP Coverages were not included in CM's or subcontractor's bid or proposal for the Work, the Contract Price/Contract Sum, and will not be included in any change order or any request for payment for the Work or extra work OCIP Exhibit Net Bid (d) CM acknowledges that the City shall not pay or compensate CM or any subcontractor of any tier, in any manner, for the Costs of OCIP Coverages. 1.12 Audits. CM agrees that the City, the OCIP Administrator, and/or any OCIP Insurer may audit CM's or any of its subcontractors' payroll records, books and records, insurance coverages, insurance cost information, bid estimates, pricing for any cost in the Contract Price/Contract Sum or any subcontracted Work, or any information that CM or its subcontractors provide to the City, the OCIP Administrator, or the OCIP Insurers to confirm their accuracy, and to ensure that the Costs of OCIP Coverages are not included in any payment for the Work. Any costs associated with non-compliance by the CM or its subcontractors in providing information requested as part of any audit may result in a reduction in payment for work performed or a charge to CM for the audit consts resulting from CM's non-compliance. 1.13 City's Election to Modify or Discontinue the OCIP. The City may, for any reason, modify the OCIP Coverages, discontinue the OCIP, or request that CM or any of its subcontractors of any tier withdraw from the OCIP upon thirty (30) days written notice. Upon such notice CM and/or one or more of its subcontractors, as specified by the City in such notice, shall obtain and thereafter maintain during the performance of the Work, all (or a portion thereof as specified by the City) of the OCIP Coverages. The form, content, limits of liability, cost, and the insurer issuing such replacement insurance shall be subject to the City's approval. The cost of the replacement coverage shall be at the City's expense, but only to the extent of the applicable Costs of OCIP Coverages. 1.14 Withholding Payments. The City may withhold from any payment owed or owing to CM or its subcontractors of any tier the Costs of OCIP Coverages if they are included in a request for payment. In the event of the City's audit of CM's or subcontractors' records and information as permitted in the Contract, this Exhibit 2, or in other Contract Documents reveals a discrepancy in the insurance, payroll, safety, or any other information required by the Contract Documents to be provided by CM to the City, or to the OCIP Administrator, or reveals the inclusion of the Cost of OCIP Coverages in any payment for the Work, The City shall have the right to full deduction from the Contract Price/Contract Sum of all such Costs of OCIP Coverages and all audit costs.. If the CM or its subcontractors fail to timely comply with the provisions of this Exhibit 2, the City may withhold any payments due to CM and/or its subcontractors of any tier until such time as they have performed the requirements of this Exhibit 2. Such withholding by the City shall not be deemed to be a default under the Contract Documents. 1.15 Waiver of Subrogation. Where permitted by law, CM hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against the City, the OCIP Administrator, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of the City in connection with the planning, development and construction of the Project. The City shall also require that all CM maintained insurance coverage related to the Work, include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against CM together with the same parties referenced immediately above in this Section 1.15. Where permitted by law, CM shall require similar written express waivers and insurance clauses from each of its subcontractors. A waiver of subrogation shall be effective as to any individual or entity even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. 1.16 Duty of Care. Nothing contained in this Exhibit 2 or the OCIP Manual shall relieve the CM or any of its subcontractors of any tier of their respective obligations to exercise due care in the performance of their duties in connection with the Work, and to complete the Work in strict compliance with the Contract Documents. 1.17 Conflicts. In the event of a conflict, the provisions of the OCIP insurance policies shall govern, then the provisions of the Contract and its other related Contact Documents, then the provisions of the OCIP Manual. 8 P OCIP Exhibit Net Bid IC 1.18 Safety. CM shall be solely responsible for safety on the project. CM shall establish a safety program that, at a minimum, complies with all local, state and Federal safety standards, and any safety standards established by the City for the Project. 1.19 Remedies. Without limitation upon any of the City's other rights or remedies, any failure by CM or any subcontractor to comply with any provision of this Section 1.18 or the OCIP Manual shall be deemed a material breach of the Construction Contract, thereby entitling the City, at its option, upon notice to CM to suspend performance by CM or subcontractor, without any adjustment to Contract Sum Payable or Contract Time, until there is full compliance, or (2) or terminate this Construction Contract for cause. 1.20 No Release. The provision of the OCIP shall in no way be interpreted as relieving CM or any subcontractor of any responsibility or liability under the Contract Documents, the OCIP Policies, or Applicable Laws, including, without limitation, CM's and subcontractor's responsibilities relative to indemnification and their obligation to exercise due care in the performance of the Work and to complete the Work in strict compliance with the Contract Documents. M OCIP Exhibit Net Bid CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney May 26, 2011 Via Email. whahnpcwdriver.com Dana Roberts, President c/o William Hahn, Project Manager 15615 Alton Parkway, Suite 150 Irvine, CA 92618 RE: CITY HALL: CW DRIVER CONTRACTS Matter No.: A09-00022 Dear Ms. Roberts: On April 27, 2010, the City Council approved a Construction Manager at Risk Contract (Contract No. 4021 Newport Beach Civic Center and Park) between C.W. Driver, Inc. ("C.W.") and The City of Newport Beach (the "Agreement'). As you know, on February 22, 2011, the City Council approved Amendment No. 2 to the Agreement for GMP Phase Three (Civic Center Building, Central Library Expansion & Park) ("Amendment No. 2). Among other things, Amendment No. 2 served to incorporate provisions relating to the Owner Controlled Insurance Program identified in the Agreement. Following approval of Amendment No. 2 by City Council, C.W. requested certain revisions to Exhibit 2 to the Agreement. We consider these revisions to be nonsubstantive and simply for the purposes of clarifying the obligations of the parties under the Agreement. Therefore we have prepared the attached Exhibit 2 to be substituted in place of the exhibit attached to the Amendment No. 2 on February 22, 2011. By your signature below, you agree to the substitution of the enclosed Exhibit 2 with that presented to City Council on February 22, 2011. Please return a copy of this signature to our office at your earliest convenience. Telephone: (949) 644-3131 Fax: (949) 644-3139 City Hall 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658-8915 • www.city.newport-beach.ca.us Dana Roberts, President May 26, 2011 Page: 2 Please do not hesitate to contact me if you have any questions. Sincerely, OFFICE OF THE CITY ATTORNEY Leonie Mulvihill Assistant City Attorney LM:lb Attachment 1: Exhibit 2 Attachment 2: Correspondence dated May 20, 2011 from D. Kiff cc: Dave Kiff, City Manager (w/encl.) Stephen Badum, Public Works Director (w/encl.) Terri Cassidy, Human Resources Director (w/encl.) ACKNOWLEDGED & APPROVED: C.W. Driver, Inc. By: _ (A09 -00022j- Roberts/Hahn from LM 05.23. 11 Re Exh to Amend 2. 0� 1.1 Fp RN C.W. Driver, Inc. Attn: Dana Roberts 468 N. Rosemead Blvd. Pasadena, CA 91107 City Manager's Office (949) 644-3000 May 26, 2011 RE: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4021, NEWPORT BEACH CIVIC CENTER & PARK Matter No.: A09-00022 Dear Mr. Roberts: As you know, pursuant to Section 6.2.2 of the above referenced agreement between C.W. Driver, Inc. and the City of Newport Beach ("City"), the City will reimburse C.W. Driver for "Direct Expenses", which are those actual expenditures made by C.W. Driver, its principles, employees, independent engineers, architects and other consultants in the interest of the above -referenced Project. The purpose of this notification is to advise that the City has been informed that, in the interest of the Project, C.W. Driver incurs expenditures related to automobile, design professionals and other coverages in an amount calculated at 0.71% of total cost of all work on the Project. The purpose of this correspondence is to confirm the City's position that the coverage expense itemized in Exhibit 1 to the Amendment No. 2 for GMP Phase 3 (Civic Center Building, Central Library Expansion & Park), is an actual authorized expenditure that has been incurred by C.W. Driver in the interest of the Project and is therefore reimburseable as a Direct Expense pursuant to Section 6.2.2 of the above referenced Agreement. Please do not hesitate to contact me if you have any questions. Sincerely, 1 Dave Kifft�ANV City Manager cc: Steve Badum, Public Works Director Terri Cassidy, Human Resources Director David R. Hunt, City Attorney (A09 -00022] -Roberts from Kiff 05.02. 11 re Contract No. 4021 City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658-8915 • www.city.newport-beach.ca.us CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 28 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Bad um - sbadum@newportbeachca.gov 949-644-3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT: PARKING STRUCTURE, GUARANTEED MAXIMUM PRICE (GMP), PHASE TWO ISSUE: Staff is requesting the approval and funding of the next phase of the Newport Beach Civic Center Project which includes the design and construction of a Parking Structure. RECOMMENDATIONS: 1) Approve an amendment to the Construction Manager At Risk Contract with C.W. Driver, Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the design and construction of the parking structure and miscellaneous items of work (GMP #2) for the Newport Beach Civic Center project at a not -to -exceed price of $7,426,853 and authorize the Mayor and City Clerk to execute the contract. 2) Establish a budget of 5% of GMP #2 ($350,000) as the City's contingency for unforeseen costs and authorize the Public Warks Director and City Manager execute change orders upon concurrence by the City Council Building Committee. 3) Approve Budget Amendment No. 11BA appropriating $7,776,853 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410-C1002009. DISCUSSION: The following bids were received from prequalified contractors for the Newport Beach Civic Center parking structure: l �y( z:N y[ h #;%;��i ��:x �I �(M1�. ��'i � �� �struction $6,367 000 F,yry� uilders $6,713,000 ures $6,894,361 .Estimate- Design Development Phase 4/27H0 $8;018,500 Preliminary Estimate - Schematic Design Phase 11110/09 - normalized' ` $11,021,000 Newport Beach Civic Center Project Parking structure, GMP Phase 2 September 14, 2010 Page 2 As shown by the above table, the City has benefitted from the current downward trend in construction costs: • Parking Structure. The lowest bid received was almost $2 million (about 20%) less than our April 2010 estimates. The initial, preliminary estimates for the structure were set at $11 million back in November 2009 ("normalized to delete the Shoring Wall, which was later considered part of the "Mass Ex" package). • Mass Excavation and Shoring Wall. This contract, let in April 2010, secured savings of almost $1 million (about 12%) from initial estimates. On April 27, 2010, the City Council approved a Construction Manager at Risk Contract with C.W. Driver in the amount of $14,617,374 with included general conditions for the entire project ($7,169,255); mass excavation and sharing construction (GMP #1, $6,726,574); direct expenses for the GMP#1($265,412); and the project fee for GMP #1 ($456,133). Additionally, a City contingency was approved in the amount of $673,000 bringing the total cost to $15,290,374. In an effort to expedite the project, the City elected to start the early phases of the project such as grading and the construction of the parking structure in advance of the final design completion of the parks, City Hall building, and Central Library Expansion. To accomplish this goal, the City Council entered into a phased Construction Manager at Risk (CM@R) contract with C.W. Driver. To review,'the current contract is broken down into four components. Basic Services / General Conditions. The first component is the basic services or general conditions. These include the fixed costs for the construction field office (including construction trailers, office equipment, portable restrooms, copiers, computers, telephone and equipment) and the necessary personnel to staff the project (including superintendent, inspection and support staff). The work scope included in basic services includes: • Managing the public bidding and award process in full compliance with the California Public Contract Code. • Providing full and complete construction administration, coordination and construction observation services during and following construction, including but not limited to the following: Onsite administration and management �:• Project and construction cost management ❖ Quality assurance, inspection, and quality control •A Coordinate with the City's Building Inspectors ❖ Dispute resolution ❖ Submittal coordination ❖ Management of Requests for Information (RFI) •+e Change order review and negotiations •5 Manage construction materials testing, and specialty inspection services Newport Beach Civic Center Project Parking Structure, GMP Phase 2 September 14, 2010 Page 3 ❖ Provide schedule analysis and continuous updates ❖ Manage project close-out, including assuring the A&E team provides complete record (As -Built) drawings Construction punch -list management and completion ❖ Manage substantial and final completion processes, and project acceptance. ❖ Compile program warranties ❖ Deliver operations and maintenance manuals ❖ Coordinate the installation of FF&E and move -in activities Manage final payment and project closeout for all consultants and contractors under direct contract with the City ❖ Coordinate warranty work for a period of up to one year. The Basic Services, based upon the current project schedule for the entire project, are estimated at a not -to -exceed cost of $7,169,255. Basic Services are billed monthly on a time and material basis at the agreed rates as shown on Exhibit A of the CM@R contract. City Council approved these costs as a part of the original contract with C.W. Driver on April 27, 2010 and no adjustments are proposed for GMP #2. Construction Costs / GMP. The second component of this contract is the actual cost of the construction work. The cost of the work is set as a Guaranteed Maximum Price (GMP). The GMP will include the actual bid plus a contingency. Under the CM@R project delivery method, C.W. Driver will bid out the various construction trade contracts in accordance with the Public Contract Code and oversight from the City Clerk. The City Council will then approve the expenditure and accept C.W. Driver's GMP proposal for the work. C.W. Driver will then be responsible for delivering all work and construction included in the approved work scope for the maximum cost stated in the GMP. Any costs exceeding the GMP will be borne by C.W. Driver. Any savings under the GMP will be shared by the City and C.W. Driver. The City will receive 75% of any savings and C.W. Driver will receive 25% of any savings as an incentive to reduce overall costs. The first phase of the project, the Mass Excavation and Shoring Construction Phase (GMP #1), is already underway. The second phase of the GMP is the Design Assist/Build for the parking structure and miscellaneous items of work. This phase (GMP #2) will design and construct a 450 -space, mechanically vented parking structure. On June 21, 2010, the City Clerk oversaw the public opening of the sealed proposals for this phase of the work. Upon scoring of these proposals, the top three firms, Bomel Construction, McCarthy Builders, and ARB Structures were invited to meet with the design team, City staff, BCJ and C.W. Driver, to discuss cost-saving proposals and alternative construction. The design team revised the bridging documents to incorporate the desired proposals and alternative designs and asked each firm to submit a bid based upon the revised bridging documents. A summary of those bids is attached for Council review. C.W. Driver has compiled GMP #2 which includes the lowest bid from Bomei Construction ($6,637,858), the relocation fiber optic cable that was discovered during Newport Beach Civic Center Project Parking Structure, GMP Phase 2 September 14, 2010 Page 4 the grading operation ($42,630) and incidental work items for a total of $6,721,558. A breakdown of the project components is listed in exhibit A. Subsequent GMP phases will include a third phase for the City Hall, library expansion, and park improvements. Upon City Council approval, Bomel will complete parking structure plans and specifications; submit and obtain a building permit; and construct the parking structure. Direct Expenses. The third component is the Direct Expenses which include the direct costs for bond premiums; field office expenses such as equipment and supplies; general liability insurance; and additional services as requested by the City. Direct expenses will include known costs and allowances for variable items. The Direct Expenses for the Parking Structure Design Assist and Construction Phase (GMP 42) total $137,757 including general liability insurance cost of $64,224 and an allowance for bonds and expenses at $73,533. Construction Management Fee 1 Profit. The fourth component is the project fees for managing the construction. These construction management fees represent the markup, overhead, and profit. The Basic Services, Direct Expenses, and GMP represent actual costs without any markups, overhead or profit. The rate for the construction management fee is set at 3.25% for the entire project. The maximum construction management fee for this phase of work (GMP #2) is calculated at $231,460. The actual amount paid to C.W. Driver is based upon actual work completed (i.e., the amount could be less if the construction contingency is not spent). More about Contingencies. There are typically two contingencies in a project like this — a "Construction Contingency," for unforeseen changes that arise during actual construction. For the parking structure, this is set at 5% of the bid. There also is an "Owner's Contingency" that the City can use if needed to add elements to the project if it so chose. For the parking structure, this is also set at 5% of the bid. The following chart shows more; Parking Structure Contingencies `�r Cols �`sex�` four 't�ya`� ,.�i�i.`�r� Bid Price BomeC $6,721,558 Constrtaction Contin enc $350,000 $262,500 75% Owner's Contin enc $350,000 $350,000 100% The total cost of the proposed amendment GMP #2, Parking Structure Design Assist/Build is $7,426,854. To provide for potential unforeseen costs, staff recommends that a contingency of $350,000 (5%) be established. Unforeseen costs may include delay and recovery costs should we discover changed foundation conditions and delays due to environmental or weather conditions. Staff also proposes that any adjustments to the CM@R contract compensation be authorized by the Public Works Director and City Manager with concurrence by the City Council Building Committee. With the approval of GMP #2, the total cost allocated to the project to date Newport Beach Civic Center Project Parking Structure, GMP Phase 2 September 14, 2010 Page 5 Is $23,067,227. The following chart lists the various components of the project costs including construction and owner's contingencies. ENVIRONMENTAL REVIEW: CM@R services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. An EIR for the Newport Beach Civic Center Project was certified by City Council in November 2009. rGenera7lCo'nditjons/BasicServices (for all phases of the Pro'ect) $ 7,169,255 GMP #1 -Mass Excavation & Shoring Construction includes 8% construction contingency) 6,726,574 Direct Expenses (GMP #1) 265,412 Construction Management Fee (GMP #1) 456,133 Subtotal $7,448,119 Owner's Contingency GMP #1 (10%) 673,000 GMP#1, Subtotal $8,121,119 GMP #2 Parking Structure Design Assist/Build (includes 5% construction Contingency) $7,057,636 Direct Expenses (GMP #2) 137,757 Construction Management Fee (GMP #2) 231,460 Subtotal $7,426,853 Owner's Contingency GMP #2 (5%) 350,000 GMP#2, Subtotal $7,776,853 Project Total to date $23,067,227 ENVIRONMENTAL REVIEW: CM@R services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. An EIR for the Newport Beach Civic Center Project was certified by City Council in November 2009. Newport Beach Civic Center Project Parking Structure, GMP Phase 2 September 14, 2010 Page 6 FUNDING AVAILABILITY: With the approval of the recommended budget amendment in the amount of $7,776,853 sufficient funds are available in the following account: Account Description Newport Beach Civic Center Submitted by: i Stephen G. Badum Public Works Director Account Number Amount 7410-01002008 $ 7,776,853 Attachments: Amendment to PSA with C.W. Driver, including work scope, schedule and fee exhibits CM@R contract with C.W. Driver— GMP Breakdown Budget Amendment GMP CHANGE ORDER NO. ONE FOR GMP PHASE TWO (PARKING STRUCTURE) TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK THIS GMP CHANGE ORDER NO. ONE FOR CONSTRUCTION MANAGER AT RISK CONTRACT ("Change Order No. One"), is entered into as of this _ day of September, 2010, by and between the City of Newport Beach, a California Municipal Corporation ("City") and G.W. Driver, Inc., a California Corporation whose address is 15615 Alton Parkway, Suite 150 Irvine, California, 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and Consultant entered into a Construction Manager at Risk Contract ("CM Contract) for the Newport Beach Civic Center and Park Project ("Project"). B. CityAesires to enter into this Change Order No. One as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. City and CM mutually desire to increase the Scope of Work and increase the Guaranteed Maximum Price ("GMP") as provided for herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Article two of the CM Contract shall be supplemented to include the Scope of Work dated August 31, 2010, which is attached hereto as Exhibit '1' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. COMPENSATION FOR CM SERVICES AND PAYMENT Article six, Section 6.1.1 of the CM Contract shall be amended to increase the GMP to Twenty -One Million, Nine Hundred Thirty -Two Thousand, Five Hundred Forty - Seven Dollars and no/100 ($21,923,547.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this GMP Change Order No. One on the dates written below. APPROVED AS TO FORM: DOaF eICE�Fj� CITY) ATTORNEY By ._ i v V L----- - Leonle Mulvihill - Assistant City Attorney t��J ATTEST: By. Lellani 1. Brown City Cleric CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Keith D. Curry, Mayor CONSULTANT: G.W. DRIVER, INC., a California corporation By: Dana Roberts, President and Chief Executive Officer G - Bessie Kouvara, Chief Financial Officer Attachment: Exhibit 1 — Guaranteed Maximum Price Phase 2, Parking Structure C.W. Driver BUILDERS SINCE 1919 August 31, 2010 Mr. Stephen G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 156 f 5 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949261.5167 Telephone 949.261.5100 Re: Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase 11— Design/Build Parking Structure Dear Stephen, C.W. Driver is pleased to submit our Guaranteed Maximum Price Proposal (GMP) for the Design/Build Parking Structure phase of the Newport Beach Civic Center and Park Project. For clarification of our proposed services, please see the attached documents. The total Phase 11 Proposal for these services are as follows: Item Description Total I Phase It — Design/Build Parking Structure* $7,057,636 11 General Liability Insurance (0.91%) $64,224 III Construction Management Fee (3.250 $231,460 IV Direct Expenses Allowance for.Project Bond (1.0%) $73,533 TOTAL PHASE 11 $7,426,853 Includes t:onrractor construction Contingency The GMP for this work is based upon the initial design identified in the 1009% DD Garage Bridging Documents and Specification provided by Bohiin, Cywinski, Jackson (Bq) dated March 12, 2010. However, the finalized design and scope of work for the Parking - Structure will be reflected in Bomet's Design -Build Construction Drawings. Phase II Proposal Qualifications: 1. This scope includes all vertical surveying of the Parking Structure by Bomel Construction. 2. All Underground Utilities related to the parking structure shall be installed within 5 - feet of the building perimeter. Final connections to be made by the Phase III Underground Utility Contractor. 3. A sub -surface drainage system (SSSD) will be installed in lieu of any slab -on -grade waterproofing. This system consist of a 4 -inch PVC main drain pipe with various branch lines extending from the main drain line, located under the Fast ramp (from gridline 13 to 26 between B and C lines) and connects into the sanitary sewer line at the South end of the garage. 0 Los Angeles Irvine Onurio San Diego License Na 102 August 31, 2010 Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase 11 — Design/Build Parking Structure 4. This scope includes a total of one (1) sand/oil interceptor. 5. This scope includes sacking of the exterior concrete structure as required. 6. All exterior and interior car barrier cables and supports shall be galvanized steel cables. 7. All stairs shall receive stainless steel cable guardrails, handrails and posts. Additionally, all stair treads and landings shall be concrete pan filled. We have included an allowance of $45,900 for stone cladding of the stair treads and landings if desired by the City. 8. This parking structure is designed without any expansion joints. 9. This scope includes painting of the permanent shoring wall (for the area covered by the parking structure) and all ceilings and vertical surfaces of the Parking Structure in accordance with the 100% DID Project Specification section 09 91 13-1. 10. This scope of work shall provide the Security System infrastructure only; all related Security Equipment, conductors and associated appurtenances shall be provided by the City or included in Phase Ill. 11. Four (4) 36 -inch tall by 6 -inch thick cast -in-place concrete planter boxes are included at the ground floor light wells along gridline C. This scope includes the necessary waterproofing, electrical conduit and conductors for a single up -light in each planter box, a '/4 -inch irrigation line and one (1) drainage line to service the landscaping (landscaping to be installed by Phase III Contractor). 12. This scope includes the electrical infrastructure and conductors for the landscaping irrigation controller; however the procurement and installation of this irrigation controller shall be by the City or included in Phase Ill. Vertical conduit shall be surface mounted to the face of the retaining wall. 13. This scope shall include six (6) 1 10v duplex receptacles along gridline A for use in the Civic Green area. 14. This scope shall include a 100 -amp electrical service (comprised of two (2) 50 -amp services) including two (2) electrical outlets installed at gridline A125 to service the future power needs at the Civic Green area. 15. This scope includes an allowance of $2,000 to furnish and install four (4) light fixtures at the 2"d floor of the Parking Structure that will provide the minimum code required illumination at the entrancelexit walking paths leading into the Civic Green area. (All conduit and conductors are included in the base scope). 16. This scope includes an allowance of $265,000 to provide a vertical aluminum screen system on the North and South elevations of the Parking Structure. 17. We have included a total of ten (10) galvanized angle corner guards throughout the Parking Structure. 18. This scope includes all Code required Signage, however all way -finding signage and graphics is specifically excluded. AW, Page 2of4 LICENSE No. los August 31, 2010 Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase 11— Design/Build Parking Structure Phase II Proposal Exclusions: I . Program management and preconstruction services 2. Monthly site and office utility usage costs 3. Project night watchman 4. Materials, soils testing and inspection S. Shuttle services for trades and temporary parking costs 6. Scope changes requested by others 7. Unknown subsurface conditions 8. Building permit and plan check fees 9. Utility company and connection fees 10. Subsequent construction phases and scope of work not addressed by the design/build parking garage bridging documents 11. Temporary access roads for emergency use vehicles 12. Planting and landscaping 13. Fine grading 14. Sandblast finish of the exterior concrete surfaces 15. Sacking of interior surfaces is excluded except in areas of rock pockets 16. Pedestrian, parking control equipment and all infrastructure required 17. Emergency generators, associated infrastructure and appurtenances 18. Any concrete deck coatings or concrete sealers 19. Concrete parking bumpers 20. Fire sprinkler pump and any supporting infrastructure Please note that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Team. Please feel free to call, should you have any questions. Page 3of4 61c6N5E Nu. ioa August 31, 2010 Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase Il — Design/Build Parking Structure cc: Robert Shafer, CWD Andy Feth, CWD David Edwards, CWD William Hahn, CWD Rimma Gutnik CWD Attachments Include: • Exhibit A — Drawing List for the 100% DD Garage Bridging Documents • Trade Package Summary — Scope Analysis • Contractor Scoring Sheets Page 4 of LICENSE Nu, 402 EXHIBIT "A" CONTRACT DOCUMENT LISTING NEWPORT BEACH CITY HALL AND PARK PROJECT MAY 26, 2010 ADDENDUM #1 THE LISTING BELOW COMPRISES ALL OF THE DOCUMENTS INCLUDED UNDER THIS CONTRACT. UNLESS OTHERWISE NOTED, ALL DOCUMENTS ARE AS PREPARED BY BOHLIN, CYWINSKI, JACKSON. DRAWINGS SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE CSI Bohlin, Cywinski, Jackson 1/29/2010 3/17/2010 CSI Bohlin, Cywinski,jack son 2/1 8120 10 MX01.01 ARUP 1/29/2010 3(1712010 MX01.02 ARUP 1/29/2010 3/17/2010 MXOI.A3 ARUP 1/29/2010 3/17/2010 Inc. 1/29/2010 3/17/2010 g&Foreman, man, Inc. 1/2912010 3/!7/20!0 ROF man, nc. 1129/2010 3/17/2010 man, nc. Inc.- 1/29/2010 3/17/2010 Hall & Foreman, 1/29/2010 3/17/2010 MX03.01 ARUP 1/29/2010 3/17/2010 MXQ3.02 ARUP 1(2912010 3/31/2010 MX03.03 I ARUP 1/29/2010 3/17/2010 MX03.04 ARUP 1/29/2010 3/17/2010 MX04.01 ARUP 1/29/2010 3/17/2010 MX04.02 I ARUP 1129/2010 3/17/2010 MX04.03 ARUP 112912010 3/1712010 MX04.04 ARUP 3/17/2010 MX04.05 ARUP 3/17/2010 MX04.06 ARUP 3/17/2010 MX04.07 ARUP 3/17/2010 MX04.08 ARUP 3117/2010 MX04.09 ARUP 3/17/2010 MX04.10 ARUP 3117/2010 MX05.01 ARUP 1/2912010 3/17/2014 MX06AI ARUP 1/29/2010 3/31/2010 MX06.02 ARUP __ 1/2912010 3/31/2010 MX06.03 ARUP 1/29/2010 3/3112010 MX06.04ARUP 1/29/2010 3/17/2010 ARUP 1/29/2010 3/17/2010 jMX0&05 MX06.46 ARUP 1 /29124 f 0 3/17/2010 MX06.Q7 ARUP !/29/2410 3/17/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 2 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE MXOb.08 ARUP 1/29/2010 3/31/2010 MX06.09 MX06.10 ARUP ARUP 3/01/2010 3/17/2010 3/31/2010 3/31/2010 MX06.11 MX06.12 MX06.13 ARUP ARUP ARUP 3/1712010 3/1712010 3/17/2010 MX06.14 ARUP- MX06.15 ARUP 3/17/20€0 MX06.16 ARUP 3/17/2010 MX06.17 ARUP 3/17/2010 MX07.01 ARUP 1/29/2010 3/17/2010 MX07,02 ARUP 1/29/201 3/17/2010 MX07.03 ARUP 1/29/2010 3/17/2010 MX07.04 MX07.05 MX07.06 ARUP ARUP ARUP 1/2912010 1/29/2010 1/29/2010 3/17/2010 3/17/2010 3/€712010 MX07.07 ARUP 1/29/2010 3(17/2010 MX0TO8 ARUP 1/29/2010 3/17(2010 MX08.0 i ARUP I-29/2010 -Ill 7/20-10 MX08.02 MX08.03 ARUP ARUP 1/29-2010 1/29/2010 3131/2010 3/1712010 MX08.04 MX08.05 ARUP ARUP 1/29/2010 1/29/2010 3117120!0 3/17/2010 MX08.06 ARUP 1/2912010 3/17/2010 CSG GBI.O! AO.10 Bohlin, Cywinski, Jackson Bohlin; Cywinski, Jackson Bohlin, Cywinski, Jackson 2/18/2010 2/1812010 3/12/2010 3/12/2010 3(1212010 AO.I I Bohlin, Cywinski, Jackson 3-12/2010 A0.12 Bohlin, Cywinski, Jackson 3/12/2010 AO.13 Bohlin, Cywinski, Jackson 3112/2010 GO.10 Bohfin, Cywinski, Jackson 3/12/2010 GLOI G 1.02 G2.01 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 2/18/2010 2/18/2010 2/18/2010 3/12/2010 3/12/2010 3(12/2010 G2.02 G3.01 Bohlin, Cywinski, Jackson Bohlin, Cywinski, Jackson 2/18/2010 2-18120)0 3/12/2010 3/12/2010 G3.02 Bohlin, Cywinski, Jackson 2/18/2010 3/12-2010 G4.01 Bohlin, Cywinsl6, Jackson 2/18-2010 3/12/2010 G4.02 Bohfin, Cywinski, Jackson 2(18/2010 3/12/2010 G4.03 Bohlin, Cywinski, Jackson 2/18/2010 3/12-2010 G4.04 Bohlin, Cywinski, Jackson 2/18/2010 G4.05 Bohlin, Cywinski, Jackson 2/1812010 3(12/2010 Ix_4:lnri�nl CONTRACT DOCUMENT LISTING PAGE 3 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE G4.06 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G4.07 Bohlin, Cywinski, Jackson 2/1812010 3/12/2010 G4.08 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G4.09 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G5.01 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G5.02 Bohlin, Cywinski, Jackson 2/1812010 3/12/2010 65.03 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 65.04 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 GS. 10 Bohlin, Cywinski, Jackson 2/1812010 3/12/2010 SG0.1 I Bohlin, Cywinski, Jackson 211812010 SG1.01 Bohlin, Cywinski, Jackson 2/1812010 SG 1.02 Bohlin, Cywinski, Jackson 2118/2010 SG2.41 Bohlin, Cywinski, Jackson 2/18/2010 SG2.42 Bohlin, Cywinski, Jackson 2/18/2010 53.01 Bohlin, Cywinski, Jackson 2/1812010 53.05 Bohlin, Cywinski, Jackson 2/18/2010 MG0.00 Bohlin, Cywinski, Jackson 2/1812010 MG0.01 Bohlin, Cywinski, Jackson 2/18/2010 MG0.02 Bohlin, Cywinski, Jackson 2/18/2010 MGI.01 Bohlln, Cywinski, Jackson 2/18/2010 MG1.02 Bohlin, Cywinski, Jackson 2/18/2010 MG2.00 Bohlin, Cywinski, Jackson 2/1812010 MG3.00 Bohlin, Cywinski, Jackson 2/18/2010 MG4.00 Bohlin, Cywinski, Jackson 2/18/2010 MG4.01 Bohlin, Cywinski, Jackson 2/18/2010 MG5.00 Bohlin, Cywinski, Jackson 2/18/2010 EG2.10 Bohlin, Cywinski, Jackson 2118/2010 EG2.20 Bohlin, Cywinski, Jackson 2/1812010 EG3.01 Bohlin, Cywinski, Jackson 2/18/2010 EG3.02 Bohlin, Cywinski, Jackson 2/18/2010 EG4.01 Bohlin, Cywinski, Jackson 2/18/2010 PG 1.01 Bohlin, Cywinski, Jackson 2/18/2010 PG1.01U Bohlin, Cywlnski, Jackson ----!/-1812010 PG 1.02 Bohlin, Cywinski, Jackson 2/18/2010 FPG2.01 Bohlin, Cywinski, Jackson 2/18/2010 FPG2.02 Bohlin, Cywinski, Jackson 2/18/2010 TG 1.01 Bohlin, Cywinski, Jackson 2/18/2010 TG 1.02 Bohlin, Cywinski, Jackson 2/18/2010 TG+01 Bohlin, Cywinski, Jackson 2/18/2010 GTYi.01 Bohlin, Cywinski, Jackson 11/19/2009 GTY1.02 Bohlin, Cywinski, Jackson 11/19/2009 CS3 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A„ CONTRACT DOCUMENT LISTING PAGE 4 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE CS3.1 Bohlin, Cywinski, Jackson 2/18/2010 C53.2 Bohlin, Cywinski, Jackson 2/Ig/2010 Bt.0t Bohlin, Cywinski, Jackson 2/18/2010 81.02 Bohlin, Cywinski, Jackson 2118(2010 Bohlin, Cywinskt, Jackson 2/18/2010 Bohlin, Cywinski, Jackson 2/1812010 Bohlin, Cywinski, Jackson 211 8120 10 t.03 Bohlin, Cywinski, Jackson 2/1812 0 1 0 Bohlin, Cywinski, Jackson 2!18!2010 Bohlin, Cywinski, Jackson 2/1812010 . Bohlin, Cywinski, Jackson 2J18/2010 C2.05 Bohlin, Cywinski, Jackson 2/!8/2010 03.01 Bohlin, Cywinski, Jackson 2/18/2010 C3.02 Bohlin, Cywinski, Jackson 2/18/2010 03.03 Bohlin, Cywinski, Jackson 2118!2010 03.04 Bohlin, Cywinski, Jackson 2/18/2010 501 Bohlin, Cywinski, Jackson 2/18/2010 C4.02 Bohlin, Cywinski, Jackson 2118/2010 C4.03 Bohlin, Cywinski, Jackson 2/18/2010 04.04 Bohlin, Cywinski, Jackson 2/18/2010 C4.05 Bohlin, Cywinski, Jackson 2/1812010 C5.01 Bohlin, Cywinski, Jackson 2/1812010 C5.02 Bohlin, Cywinski, Jackson 2/18/2010 05.03 Bohlin, Cywinski, Jackson 2/18/2010 (-6.01 Bohlin, Cywinski, Jackson 2/f8/2010 C6.02 Bohlin, Cywinski, Jackson 2/i8/2010 C6.03 Bohlin, Cywinski, Jackson 2/18/2010 C6.04 Bohlin, Cywinski, Jackson 2(18(2010 C7.01 Bohlin, Cywinski, Jackson 2/18/2010 C7.02Bohlin, Cywinski, Jackson 2/1 8120 1 0 CT03, Bohlin, Cywinski, Jackson 2(18/2010 C7.04 Bohlin, Cywinski, Jackson 2!18/2010 1-0.01 Bohlin, Cywinski, Jackson 2/18120-10 1-0.02 Bohlin, Cywinski, Jackson 2118/2010 1-0.43 Bohlin, Cywinski, Jackson 2!18/2010 1-0.04 Bohlin, CYwinski, Jackson 2/1$/2010 L0.05 Bohlin, Cywinski, Jackson 2/18/2010 LO06 Bohlin, Cywinski, Jackson 211812010 1-1.01 Bohlin, Cywinski, Jackson 2/18/2010 L1.02 Bohlin,Cywinski,Jackson 2!i$120l0 L103 Bohlin, Cywinski, Jackson T/18/2010 1-1.04 1 Bohlin, Cywinski, Jackson 2/18/200 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 5 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE 5 Bohlin, Cywinski, Jackson 2/18/20106 P Bohlin, Cywinski, Jackson 2/1812010 1 Bohlin, Cywinski, Jackson 2/18/2010 2 Bohlin, Cywinski, Jackson 2/18/2010 1-2.03 Bohlin, Cywinski, Jackson 21-1812010 1-2.04 Bohlin, Cywinski, Jackson 2/1812010 1-2.05 Bohlin, Cywinski, Jackson 2/18/2010 L106 Bohlin, Cywfnski, Jackson 2/1812010 1-2.07 Bohlin, Cywinski, Jackson 2/18/2010 12.08 Bohlin, Cywinski, Jackson 2118/2010 L2.09 Bohlin, CrMnski, Jackson 2/18/2010 L2.10 Bohlin, Cywfnski, Jackson 2/18/2010 L3.01 Bohlin, Cywinski, Jackson 2/18/2010 L3.02 BohlinCywinski, Jackson 2/18/2010 L3.03 I Bohlin, Cywinski, Jackson 2/1812010 L3.04 Bohlin, Cywinski, Jackson 2/18/2010 L3.05 Bohlin, Cywinski, Jackson --21-1812010 L3.06 Bohlin, Cywinski, Jackson 2/18/2010 L3.07 Bohlin, Cywinski, Jackson 2/1812010 L3.08 Bohlin, Cywinski, Jackson 2/1812010 L4.01 Bohlin, Cywinski, Jackson 2/J812010 L4.02 Bohfin, Cywinski, Jackson 2/18/2010 L4.03 Bohlin, Cywinski, Jackson 2/18/2010 1-4.04 Bohlin, Cywinski, Jackson 2/1812010 L4.05 Bohlin, Cywinski, Jackson 2/18/2010 L4.06 Bohlin, Cywinski, Jackson 211812010 1-5.01 Bohlin, Cywinski, Jackson 2/1812010 L5.02 Bohlin, Cywinski, Jackson 2118/2010 L5.03 Bohlin, Cywinski, Jackson 2118/2010 L5.04 Bohlin, Cywinski, Jackson 2/18/2010 1-5.05 Bohlin, CyMnski, Jackson 2/18/2010 L5.06 Bohlin, Cywinski, Jackson 2/18/2010 L6.01 Bohlin, Cywinski, Jackson 2118/2010 L6.02 Bohlin, Cywinski, Jackson 2/18/2010 L6.03 Bohlin, Cywinski, Jackson 2/18/2010 L6.04 Bohlin, Cywinskf, Jackson 211 8120 1 0 L6.05 Bohlin, Cywinski, Jackson 2/18/2010 L6.06 Bohlin, Cywinski, Jackson 2/18/2010 1-7.01 Bohlin, Cywinski, Jackson 2/18/2010 L7.02 Bohlin, Cywinski, Jackson 2/18/2010 L7.03 Bohlin, Cywinski, Jackson 2/18/2010 L7.04 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 6 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE LT05 Bohlin, Cywinski, Jackson 2/18/2010 1-7.06 Bohlin, Cywinski, Jackson 2118/2010 1-7.07 Bohlin, Cywinski, Jackson 211 8120 1 0 1-7.08 Bohlin, Cywinski, Jackson 211 812 0 1 0 L8.01 Bohlin, Cywinski, Jackson 21 1 8120 10 L8.02 Bohlin, Cywinski, Jackson Z/18/2010 L8.03 Bohlin, Cywinski, Jackson 2/1812010 L8.04 Bohlin, Cywinski, Jackson 2/18/2010 05 Bohlin, Cywinski, Jackson 2/18/2010 06 Bohlin, Cywinski, Jackson 2/1812010 08 k Bohlin, Cywinski, Jackson 2/1812010 10 Bohlin, Cywinski, Jackson 211812010 1 1 Bohlin, Cywinski, Jackson 2/1812010 18.12 Bohlin, Cywinski, Jackson 2118/2010 18.13 Bohlin, Cywinski, Jackson 2/1812010 18.14 Bohlin, Cywinski, Jackson 2/1 812 0 10 18.15 Bohlin, Cywinski, Jackson 211 812 0 10 L8.16 Bohlin, Cywinski, Jackson 2/18/2010 L8.17 Bohlin, Cywinski, Jackson 211 8120 1 0 1-8.18 Bohlin, Cywinski, Jackson 2/1 8120 1 0 1-8.19 Bohlin, Cywinski, Jackson 2/18/2010 L8.20 Bohlin, Cywinski, Jackson 2/18/2010 L8.21 Bohlin, Cywinski, Jackson 2/18/2010 L8.22 Bohlin, Cywinski, Jackson 2/18/2010 L8.23 Bohlin, Cywinski, Jackson 2/18/2010 L8.24 Bohlin, Cywinski, Jackson 2/1812010 18.25 Bohlin, Cywinski, Jackson 2/18/2010 L9.01 Bohlin, Cywinski, Jackson 2/1812010 L9.02 Bohlin, Cywinski, Jackson 2/18/2010 1-9.03 Bohlin, Cywinski, Jackson 2/18/2010 L9.04 Bohlin, Cywinski, Jackson 2/18/2010 Lt0.01 Bohlin, Cywinski, Jackson 2118120-10 L10.02 Bohlin, Cywinski, Jackson 2/18/2010 110.03 Bohlin, Cywinski, Jackson 2/18/2010 L10.04 Bohlin, Cywinski, Jackson 2/18/2010 A1.01 Bohlin, Cywinski, Jackson 2/18/2010 A1.02 Bohlin, Cywinski, Jackson 2/18/2010 A1.03 Bohlin, Cywinski,jack son 2/1812010 A1.04 Bohlin, Cywinski, Jackson 2/18/2010 A1.05 Bohlin, Cywinski, Jackson 2/18 010 A1.056 Bohlin, Cywinski, Jackson 2/1812010 ALOE Bohlin, Cywinski, Jackson 2/1812010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 7 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE A1.06b Bohlin, Cywinski, Jackson 2/18/2010 A1.07 Bohlin, Cywinski, Jackson 2/18/2010 A1.07b Bohlin, Cywinski, Jackson 2/18/2010 A1.08 Bohlin, Cywinski, Jackson 2/1812010 AL08b Bohlin, Cywinski, Jackson 2/18/2010 71.09 Bohlin, Cywinski, Jackson 2/18/2010 71.10 Bohlin, Cywinski, Jackson 1 2/18/2010 A1.11 Bohlin, Cywinski, Jackson 2/18/2010 71.12 Bohlin, Cywinski, Jackson 2/18/2010 AI.13 Bohlin, Cywinski, Jackson 2/18/2010 A1.14 Bohlin, Cywinski, Jackson 2/18/2010 ALIS Bohlin, Cywinski, Jackson 2/18/2010 A1.21 Bohlin, Cywinski, Jackson 2/18/2010 AL31 Bohlin, Cywinski, Jackson 2/18/2010 A2.0I Bohlin, Cywinski, Jackson 2/I8/2010 A2.02 Bohlin, Cywinski, Jackson 2/1812010 A2,03 Bohlin, Cywinski, Jackson 2/1812010 A2.21 Bohlin, Cywinski, Jackson 2/18!2010 A3.01 Bohlin, Cywinski, Jackson 2/18/2010 A3,02 Bohlin, Cywinski, Jackson 2/1812010 A3.03 Bohlin, Cywinski, Jackson 2/18/2010 A3.21 Bohlin, Cywinski, Jackson 2/18/2010 A4.01 Bohiin, Cywinski, Jackson 2/18/2010 A4.02 Bohlin, Cywinski, Jackson 2/18/2010 A4.1 I Bohlin, Cywinski, Jackson 2/18/2010 74.21 Bohlin, Cywinski, Jackson 2/18/2010 A5.0I Bohlin, Cywinski, Jackson 2/18/2010 A5.02 Bohlin, Cywinski, Jackson 2/1812010 A5.03 Bohlin, Cywinski, Jackson 2/18/2010 AS.04 Bohlin, Cywinski, Jackson 2/18/2010 AS.05 Bohlin, Cywinski, Jackson 2/18/2010 A5.10 Bohlin, Cywinski, Jackson 2/18/2010 A5.11 Bohlin, Cywinski, Jackson 2/18/2010 A5.21 Bohlin, Cywinski, Jackson 2/18/2010 A6.01 Bohlin, Cywinski, Jackson 2/18/2010 A6.02 Bohlin, Cywinski, Jackson 2/18/2010 A6.02b Bohlin, Cywinski, Jackson 2/1812010 A6.03 Bohlin, Cywinski, Jackson 2/18/2010 A6.31 Bohlin, Cywinski, Jackson 2/18/2010 A7.01 Bohlin, Cywinski, Jackson 2/18/2010 A7.02 1 Bohlin, Cywinski, Jackson 2/18/2010 AT03 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 8 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE A7.04 Bohlin, Cywinski, Jackson 2118/2010 A7.05 Bohlin, Cywinski, Jackson 2/18/2010 A7.21 Bohlin, Cywinski, Jackson 2/18/2010 A9.01 Bohlin, Cywinski, Jackson 2/18(2010 X9.02 Bohlin, Cywinski, Jackson 2/18/2010 A9.1 1 Bohlin, Cywinski, Jackson 2/18/2010 A9. 22 Bohlin, Cywinski, Jackson 2/18/2010 X9.13 Bohlin, Cywinski, Jackson 2/18/2010 A9.51 Bohlin, Cywinski, Jackson 211 8120 10 A9.52 Bohlin, Cywinski, Jackson 2/18/2010 A9.6I Bohlin, -ywinski, Jackson 2/18/2010 50,01 Bohfin, Cywinski, Jackson 2/18/2010 50.02 Bohlin, Cywinski, Jackson 2/18/2010 50.03 Bohlin, Cywinski, Jackson 2/1812010 50.04 Bohlin, Cywinski, Jackson 2/18/2010 50.1 I Bohlin, Cywinski, Jackson 2/18/2010 50.21 Bohlin, Cywinski, Jackson 2/18/2010 51.00 Bohlin, Cywinski, Jackson 2/18/2010 Sf.01 Bohlin, Cywtnski, Jackson 2/18/2010 S1.02Bofilin, Cywinski, Jackson2/18/2010 Sl.03 Bohlin, Cywinski, Jackson 2118/2010 51.04 Bohlin, Cywinski, Jackson 2/18(2010 Si_05 Bohlin, Cywinski, Jackson 2(18(2010 51.06 Bohlin, Cywinsk,Jackson 2/18/2010 51.07 Bohlin, Cywinski, Jackson 2(18/2010 51.08 Bohlin, Cywinski, Jackson 2!18/2010 51.09 Bohlin, Cywinski, Jackson 2/18/2010 SI.IO Bohlin, Cywinski, Jackson 2/1812010 St.l 1 Bohlin, Cywinski, Jackson 2/18(2010 51.12 Bohlin, Cywinski, Jackson 2/18/2010 51.21 Bohlin, Cywinski, Jackson 2/18/2010 51.22 Bohlin, Cywinski, Jackson 2/1812010 51.31 Bohlin,Cywinski, Jackson 2/1812010 S2.1 I Bohlin, Cywinski, Jackson 2/18/2010 52.12 Bohlin, Cywinski, Jackson 2/18/2010 52.13 Bohlin, Cywinski, Jackson 2/18/2010 52.14 Bohlin, Cywinski, Jackson 2/18/2010 52.21 Bohlin, Cywinski, Jackson 2/18/2010 52.31 Bohlin, Cywinski, Jackson 2/18/2010 53.02 Bohlin, Cywinski, Jackson 2/18/2010 S3.03 Bohlin, Cywinski, Jackson 2/18/2010 53.04 Bohlin, Cywtnski, Jackson 2/18/2010 CONTRACT DOCUMENT LISTING PAGE 9 OF 14 SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE S3.11 Bohlin, Cywinski, Jackson 2118/2010 55.01 Bohlin, Cywinski, Jackson 2/18/2010 S5.02 Bohlin, Cywinski, Jackson 211812010 55.03 Bohlin, Cywinski, Jackson 2/18/2010 S5.04 Bohlin, Cywinski, Jackson 2/1812010 55.05 Bohlin, Cywinski, Jackson 2/18/2010 S5.06 Bohlin, Cywinski, Jackson 2/18/2010 S5.07 Bohlin, Cywinski, Jackson 2/18/2010 55.08 Bohlin, Cywinski, Jackson 2/18/2010 55.09 Bohlin, Cywinski, Jackson 2/18/2010 55.1 I Bohiin, Cywinski, Jackson 2/18/2010 55.12 Bohlin, Cywinski, Jackson 2/1812010 S5.13 Bohlin, Cywinski, Jackson 2/1812010 55.14 Bohlin, Cywinski, Jackson 2/1812010 55.15 Bohlin, Cywinski, Jackson 2/18/2010 S5.16 Bohlin, Cywinski, Jackson 2/18/2010 55.21 Bohlin, Cywinski, Jackson 2/18/2010 M0.00 Bohlin, Cywinski, Jackson 2/18/2010 M0.01 Bohlin, Cywinski, Jackson 2/18/2010 M0.02 Bohlin, Cywinski, Jackson 2/18/2010 M0.03 Bohlin, Cywinski, Jackson 2/18/2010 M0.04 Bohlin, Cywinski, Jackson 2/18/2010 M1.00 Bohlin, Cywinski, Jackson 2/18/2010 M1.01 Bohlin, Cywinski, Jackson 2/1812010 M1.04 Bohlin, Cywinski, Jackson 2/18/2010 MIZ Bohlin, Cywinski,Jackson 2/18/2010 * I.05U Bohlin, Cywinski, Jackson 2/1812010 *1.06 Bohlin, Cywinski, Jackson 211812010 M1.06U Bohlin, Cywinski, Jackson 2/18/2010 M1.07 Bohlin, Cywinski, Jackson 2/18/2010 M1.07U Bohlin, Cywinski, Jackson 2/18/2010 M1.08 Bohlin, Cywinski, Jackson 2/18/2010 M 1.08U Bohlin, Cywinski, Jackson 2/18/2010 *1.09 Bohlin, Cywinski, Jackson 211812010 M1.10 Bohlin, Cywinski, Jackson 2/18/2010 M2.00 Bohlin, Cywinski, Jackson 2/18/2010 M3.00 Bohlin, Cywinski, Jackson 2/18!2010 M3.01 Bohlin, Cywinski, Jackson 2/1812010 M3.02 Bohlin, Cywinski, Jackson 2/18/2010 M3.03 Bohlin, Cywinski, Jackson 2118!2010 M3.04 Bohlin, Cywinski, Jackson 2/18/2010 M4.00 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 10 OF 14 SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE M4.01 Bohlin, Cywinski, Jackson 2/18/2010 M4.02 Bohlin, Cywinski, Jackson 2/18/2010 M4.03 Bohlin, Cywinski, Jackson 2/1 8120 10 M4.04 Bohlin, Cywinski, Jackson 2/1812010 M5.00 Bohlin, Cywinski, Jackson 2/ 18/2010 M5.01 Bohlin, Cywinski, Jackson 2118/2010 M5.02 Bohlin, Cywinski, Jackson 2/18/2010 M6.00 Bohlin, Cywinski, Jackson 2/1812010 M6.01 Bohlin, Cywinski, Jackson 2/18/2010 E0.01 Bohlin, Cywinski, Jackson 2/18/2010 EI.01 Bohlin, Cywinski, Jackson 2/1 81201 0 E2.00 Bohlin, Cywinski, Jackson 2/18/2010 E2.01 Bohlin, Cywinski, Jackson 2/18/2010 12.02 Bohlin, Cywinski, Jackson 2/18/2010 E2.03 Bohlin, Cywinski, Jackson 2/18(2010 12.04 Bohlin, Cywinski, Jackson 2/1812010 05 E27E2.13 Bohlin, Cywinski, Jackson 2/1812010 06 Bohlin, Cywinski, Jackson 2/18/2010 07 Bohlin, Cywinski, Jackson 2/18/2010 1 I Bohlin, Cywinski, Jackson 2/18/2-010 12 Bohlin,.Cywinski, Jackson 2/1812010 Bohlin, Cywinski, Jackson 2/18/2010 E3.00 Bohlin, Cywinski, Jackson 2/1812010 D.10 Bohlin, Cywinski, Jackson 2/18/2010 E3.1 i Bohlin, Cywinski, Jackson 211812010 E3.20 Bohlin, Cywinski, Jackson 2/18/2010 E3.21 Bohlin, Cywinski, Jackson 2/18/2010 £3.30 Bohlin, Cywinski, Jackson 2/1812010 E3.31 Bohlin, Cywinski, Jackson 2/1812010 E4.00 Bohlin, Cywinski, Jackson 2/1 81201 0 E4.01 Bohlin, Cywinski, Jackson 2/18/2010 E4.02 Bohlin, Cywinski, Jackson 2/18/2010 E5.01 Bohlin, Cywinski, Jackson 2/18/2010 E5.02 Bohlin, Cywinski, Jackson 2/18/2010 E5.03 Bohlin, Cywinski, Jackson 2/1 8120-10 E7.00 I Bohlin, Cywinski, Jackson 2/18/2010 PO.0 Bohlin, Cywinski, Jackson 2/18/2010 PO,I Bohlin, Cywinski, Jackson 2/18/2010 P1.0 Bohlin, Cywinski, Jackson 2/18/2010 P1.04 Bohlin, Cywinski, Jackson 2/18/2010 PI.04U Bohlin, Cywinski, Jackson 2/1812010 15-1.05 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE I 1 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE P1.05U Bohlin, Cywinski, Jackson 2/1812010 PI.06 Bohlin, Cywinski, Jackson 2/18/2010 P1.06U Bohlin, Cywinski, Jackson 2118120-10 P1.07 Bohlin, Cywinski, Jackson 2/18/2010 P1.08 Bohlin, Cywinski, Jackson 2/18/2010 P3.10 Bohlin, Cywinski, Jackson 2118/2010 P5.1 Bohlin, Cywinski, Jackson 2/18/2010 P5.2 Bohlin, Cywinski, Jackson 2/18/2010 P5.3 Bohlin, Cywinski, Jackson 2/18/2010 FP1.04 Bohlin, Cywinski, Jackson 211812010 FP 1.05 Bohlin, Cywinski, Jackson 2118/2010 FP1.06 Bohlin, Cywinski, Jackson 2118/2010 FP1,07 Bohlin, Cywinski, Jackson 2(18/2010 FP 1,08 Bohlin, Cywinski, Jackson 2/18/2010 T0.10 Bohlin, Cywinski, Jackson 2/1 81201 0 TO. 11 Bohlin, Cywinski, Jackson 2/1812010 T1.04 Bohlin, Cywinski, Jackson 2/18/2010 T1.05 Bohlin,Cywinski, Jackson 211812010 T1.06 Bohlin, Cywinski, Jackson 2/18/2010 Ti.07 Bohlin, Cywinski, Jackson 2/18/2010 T1.08 Bohlin, Cywinski, Jackson 2118/2010 T4.0I Bohlin, Cywinski, Jackson 2118(2010 T4.02 Bahlin, Cywinski, Jackson 2/18/2010 T4.03 Bohlin, Cywinski, Jackson 2/18/2010 T4.04 Bohlin, Cywinski, Jackson 2/18/2010 T4.05 Bohlin, Cywinski, Jackson 2/18/2010 T4.06 Bohlin, Cywinski, Jackson 2/18/2010 T4.07 Bohlin, Cywinski, Jackson 2/18/2010 T4.08 Bohlin, Cywinski, Jackson 2/18/2010 T4.09 Bohlin, Cywinski, Jackson 2/18/2010 T5.01 Bohlin, Cywinski, Jackson 2/18/2010 T5.02 Bohlin, Cywinski, Jackson 2/18/2010 T5.03 Bohlin, Cywinski, Jackson 2/18/2010 TY0.10 Bohlin, Cywinski, Jackson 2/18/2010 TY1.04 Bohlin, Cywinski, Jackson 2/18/2010 TY1.06 Bohlin, Cywinski, Jackson 2/1812010 TY1.07 Bohlin, Cywinski, Jackson 2/18/2010 TYI.08 Bohlin, Cywinski, Jackson 2/18/2010 TYI.09 Bohlin, Cywinski, Jackson 2/1812010 TY1.10 Bohlin, Cywinski, Jackson 2/18/2010 TYLI I Bohlin, Cywinski, Jackson 2/18/2010 TYI.31 i Bohlin, Cywinski, Jackson 2/18/2010 CONTRACT DOCUMENT LISTING PAGE 12 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE EVi.O! Bohlen, Cywinski, Jackson 2/18/2010 EV1.04 Bohl€n, Cywinski, Jackson 2/18/2010 EV 1_05 Boh€in, Cywinski, Jackson 2/18/2010 EV1.06 Bohlin, Cywinski, Jackson 211812010 EV 1.08 Bohlin, Cywinski, Jackson 2/€8/2010 EV201 Bohlin, Cywinski, Jackson 2118/2010 RB1. 11 Bohlin, Cywinski, Jackson 2/18/2010 RB 1-02 Bohlin, Cywinski, Jackson 2/18/2010 RD I.0I Bohlin, Cywinski, Jackson 2118/2010 RD 1.02 Bohlin, Cywinski, Jackson 2/18/2010 RD 1.03 Bohlin, Cywinski, Jackson 2/18/2010 RD2.01 Bohlin, Cyw€nski, Jackson 2/1812010 Rf.01 Bohlin, Cywinski, Jackson 2/18/2010 RI.02 Bohlin, Cywinski, Jackson 2/18/2010 R1.03 Bohlin, Cywinski, Jackson 2/18/2010 R1.04 Bohlin, Cywinski, Jackson 2/18/2010 R1.05 Bohlin, Cywinski, Jackson 2/1812010 R1.06 Bohlin, Cywinski, Jackson 2/18/2010 R2.01 Bohlin, Cywinski, Jackson 2/18/2010 82.02 Bohlin, Cywinski, Jackson 2/18/2010 R3.01 Bohlin, Cywinski, Jackson 2/18/2010 R3.02 Bohlin, Cywinski, Jackson 2/18/2010 83.03 Bohlin, Cywinski, Jackson 2/18/2010 R4.01 Bohlin, Cywinski, Jackson 2118/2010 R5.01 Bohlin, Cywinski, Jackson 2/18/2010 R5.02 Bohlin, Cywinski, Jackson 2/1812010 R5.1 I Bohlin, Cywinski, Jackson 2/18/2010 R5.20 Bohlin, Cywinski, Jackson 2/18/2010 R6.01 Bohlin, Cywinski, Jackson 2/18/2010 87.01 Bohlin, Cywinski, Jackson 2/18/2010 R9.01 Bohlin, Cywinski, Jackson 2/18/2010 R9.02 1 Bohlin, Cywinski, Jackson 2/18/2010 R9.1 I Bohlin, Cywinski, Jackson 2/18/2010 R9.12 Bohlin, Cywinski, Jackson 2/18/2010 R9.51 Bohlin, Cywinski, Jackson 2/18/2010 R9.S2 Bohlin, Cywinski, Jackson 2118/2010 R9.61 Bohlin, Cywinski, Jackson 2/18/2010 SR0.1 I Bohlin, Cywinski, Jackson 2/18/2010 SR1.01 Bohlin, Cywinski, Jackson 2/18/2010 SR 1.02 Bohlin, Cywinski, Jackson 2 /1 8120 1 0 SRI.03 Bohlin, Cywinski, Jackson 2/18/2010 SRI.04 Bohlin, Cywinski, Jackson 2/18/2010 r�lr.I W CONTRACT DOCUMENT LISTING PAGE 13 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE SR1.05 Bohlin, Cywinski, Jackson 2/18/2010 SR2.5I Bohlin, Cywinski, Jackson 2/18/2010 SR2.52 Bohlin, Cywinski, Jackson --T-1812010 SR5.51 Bohlin, Cywinski, Jackson 2/18/2010 MR0.00 Bohlin, Cywinski, Jackson 2/18/2010 MRO.0I Bohlin, Cywinski, Jackson 2/18/2010 MRO.02 Bohlin, Cywinski, Jackson 2/18!20(0 MR0.03 Bohlin, Cywinski, Jackson 211812010 MR1.01 Bohlin, Cywinski, Jackson 2/18/2010 MRI,02 Bohlin, Cywinski, Jackson 2/1812010 MR1.03 Bohlin, Cywinski, Jackson 2/18/2010 MR2.00 Bohlin, Cywinski, Jackson 0 MR3.00 Bohlin, Cywinski, Jackson 0 MR3.01 Bohlin, Cywinski, Jackson 0 MR4.00 Bohlin, Cywinski, Jackson 2/1812010 MR4.01 Bohlin, Cywinski, Jackson 10 im- MR4.02 Bohlin, Cywinski, Jackson 10 MR5.00 Bohlin, Cywinski, Jackson 0 MR6.00 Bohlin, Cywinski, Jackson 0 MR6,01 MR6.01 Bohlin, Cywinski, Jackson 2/18/2010 ER2.00 Bohlin, Cywinski, Jackson 2/18/2010 ER2.01 Bohlin, Cywinski, Jackson 2/18/2010 ER2.10 Bohlin, Cywinski, Jackson 2/18/2010 ER2.1 -['Bohlin, Cywinski, Jackson 2!18/2010 ER3.10 Bohlin, Cywinski, Jackson 211 8120 10 ER3.20 Bohlin, Cywinski, Jackson 2/18/2010 PR1.01 Bohlin, Cywinski, Jackson 211812010 PR1.02 Bohlin, Cywinski, Jackson 2/1 8120-10 TR1.01 Bohlin, Cywinski, Jackson 2/18/2010 TRI.02 Bohlin, Cywinski, Jackson 2/18/2010 TR4.0I Bohlin, Cywinski, Jackson 2118/2010 TYR1.01 Bohlin, Cywinski, Jackson 2/18/2010 TYR1.02 Bohlin, Cywinski, Jackson 2(18/2010 EVR1.02 Bohlin, Cywinski, Jackson 2/1812010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 14 OF 14 SPECIFICATION MANUAL Project Specification Manual prepared by Bohlin, Cywinski, Jackson dated February 18, 2010 entitled 100% Design Development Submission divisions O1 through 33 inclusive. SOILS REPORT Soils Report prepared by Leighton Consulting dated April 2, 2010 entitled Geotechnical Engineering Exploration Report for the Newport Beach Civic Center and Park, City of Newport Beach, California. ADDENDA Addenda Prepared by Bohlin, Cywinski, Jackson as follows: • Addenda Number I dated March 31, 2010. INSTRUCTIONS TO BIDDERS Project instructions to bidders prepared by C.W. Driver that was issued with the formal Request for Proposals {RFP} on May 3rd, 2010. ® E:=t, '®» `- �} �\ �Z ® { \ () \ / \ "7»\- n § ) ( \k \ \k §)\ §a \a /Zi f! � °f / "���kk�l� $ak \ GWDriver Newport Beach Civic Center and Park 81'II.ORRS SIVCF 191) C. W. DRIVER �ESCOPE AND PRICING SNEFUS 8126/2010 PeinRd: Bf31/)91]]PM 31 -Aug -10 "(1101 August 26. 2010 PAGE 1 + Budget# Descriptionlgcope of Work Quantity Unit Cost/Unit Total _ zy $ l �^1u3 Ci(�k. �eu �AQii + Alternates - s f .................................. Grand Total .... ............ ............ Special Gen. Conditions Base Bid 1.0 Isum 33,500.00 33,500 Verify existing utilities included Trace existing Fiber optics wire included Trenching - at a minimum depth of 36" from the existing pull box included Excavate a new trench from the new pull box to the loading dock included Twa (2) new 2 h" schedule 80 PVC pipes included New 2 %" conduits will run to connect to two (2) new 3646 NEMA 311 boxes included Remove pull boxs as specified included Installa new pull box (6E) ac the East side of the delivery drive included New 36x36 NEMA 3R boxes (keyed locks) - 2 each included Overhead run conduits from the box at the back side of the exterior wall of the Ubrary (114T) included ' Install microducts as speated included penetrate through the existing back wall of the Ubrary, Into the back room o8 of the loading dock and approximately 75 it Into the computer room in the back of the library on the 1st Floor. included Disconnect the existing fiber and pull all the way back to the existing site pull box at the end of side walk included Addctonal cable for stack as noted on plans included PAGE 1 lJ=W. Driver Newport Beach Civic Center and Park H l'ILD EHI SISCk 019 C. W. DRIVER -SCOPE AND PRIC{N���I,�ETS 8/26/2010 Prii d MUM 121 Pn xoelal August 26, 2010 PAGE 2 t Budget# Description/Scope of Work Quantity Unit CostfUnit Total Install the new conduit runs complete; then removdreinsrall the existing fiber m the existing 1DF and terminace, included Remove Existing FO Cables Back To Site Pull Box & Pull The Same Cables Thorough Newly Routed Conduits. included Test Active Fibers With OTDR & Provide Test Results To The Owner included Restore all trenches to grade included Restore the drive way - hoc patch asphalt included Protect fiber optic cables included Tra fic Control included Trench plates included Spoils removal ( not needed) included Dumpster for own work included Provide Coring For 2 Conduits Entering Building included Provide Fiber Optic Cable Tgminadons Per Provided Tables. included Protea areas in existing building included Clean up for own work included Low voltage sub - Rowse in place Included As-BuBd Drawings - - included Landscape Foreman 24.0 mnhr 50.77 1,218 Laborer 44.0 mnhr 23.74 1,045 Sod 400.0 sgft 3.00 1,200 Adjust sprinklers 4.0 mnhr 50.77 203 5 Gallon Shrubs to Match Existing 35.0 each 65.00 2.275 Mulch 5.0 cuyds 75.00 375 Dumpster for own work 1.0 each 280.00 280 SprinkledDump Truck 8.0 hours 83.44 668 OH t proift i 5% Isum 7,263.58 1,090 Touch up at the cable penetrations labor 16.0 mnhr 48.54 777 42,630 + Aftemates PAGE 2 C.W. Driver N wnort peach Civic Center d P N 01'11.0 h.RS SINCE. 1914 C. W. DRIVER �_--- nSCOPE AND P1tiSjNG SHFE75 8!2612010 An-& WV1)122 PM h.p-t 31 -Aug -10 "alai August 26 2010 PAGE 3 * budget# DescriptionlScope of Work Quantity Unit Cost/Unit Total Grand Total Fiber-optic Cable Relocation 42,670 Garage - design built 1.0 Bum 4,988,000.00 4,988,000 General conditions included Design/build preconstrucdon included Architects functional design included Swuccural engineering design included Mech. elect, plumbing design Included 02200 Sim preparation tfine grade included 02900 Planting Aandscapelirrignk, - see below 03200 Concrete reinforcement, ind post tension Included 03700 Cau-in-plate concrete Included 04200 Masonry with rebar Included 05000 Cable ra8 - stainless steel at stairs Included 00550 Metal stairs I mitt bollards, embeds, mesh partitions Included 05800 Expansion control f deck not included 06000 Wood & plastics - n1a 07500 Rcoling (ac elevator) Included 07100 Damp proofing & waterproofing at elevator pit Included 07600 Flashing & sheet metal Included 08100 Metal doom & frames induded 09500 Striping Included am Wall finishes t facade treatment see below 09900 Paints & coatings Included 10200 Louvers &veins Included 10240 Grilles & screens . alum fins I "laws not included 10400 Signage per code (excludes way -finding graphics) included 10450 Pedestrian control devices not included 10520 Fire protection specialties !extinguishers Included 11130 Parking control equip notincluded 12200 furnishings not Included 13700 .......14200 Security access & surveillance conduit only Elevators Included IS300 Fire protection piping I excludes booster pump Included 15400 Plumbing, fixtures & equipfclariffer Included 15700 HVACfvendiation included 16000 Electrical included PAGE 3 C.W. Driver Newport Beach Civ'c Cen(er and Parjs 1t I 1.I)i: Rs SI!(:E 1919 C.W.DRIVER _1-1 AMD PRICING SHEETS 8726)2010 Rlnt,d SM110 Z12 PH rr.pna 31 -Aug -10 08101 August 26, 2010 1I01NOL1 Budget#1 DescriptiordScope of Work Quantity Unit CostfUnit Total Contingency Bonds & terdficates included G&A/insurznce Fee included Increase parking structure length to meet bridging documents 7 0 Isom 367,000.00 367,000 HVACIvwdladon IA )sum 360,000.00 360,000 Add for CO monitoring system 1.0 [sum 36,566.00 36,566 Three (3) Electric Vehicle Charging Stations (for service to 6 cars) 1.0 Isum 25,000.00 25,000 Painting all vertical surfaces (interior and exterior) 1.0 Isom 52.00QOO 52,000 Additional Allowance to paint LO Isum 75,000.00 75,000 (1)320 GAI. Sand -Oil interceptor IA included Four (4) planter boxes at gridIme C LO Isum 30,876.00 30,876 Elecuical power provisions at irrigation controller at MacArthur I.0 Isum 2,120.00 2,120 Six (6) electrical outlets along gridline A L0 Isum 3,625.00 3,625 100 -amp service to chic green area - provided at gridline A125 1.0 ]sum 5,067.00 5.067 Gap cover at the retaining will 428.0 Inft 45.00 19,260 Aluminum angle fin screens 1.0 Isum 265,000.00 265,000 2 Interior `shear" walls and concrete walls at light wells 1.0 Isum 89.688.00 89688 4 down lights at 2nd level for entrylexit pathway lighting 1.0 Isum 4.536.00 4,536 Allowance for exterior stair tread stone cladding 36.0 each 1,275.00 45,900 Allowance for crack mitigation 155,033.0 sgft - 1.00 155.033 Shaft and flue for the generator. La next phase Barrier Cable Galvanized 12rows 2,932.6 Inft (17.04) (49,972) Barrier Cable Stainless steel - double the cost 2.932.6 Inft 34.80 102,054 BACMBI soil 1,636.0 cuyds 14A0 22,904 Zinc Clad composite wall panels at elevator shaft inicuded fight Sandblast not included . Parching of post tension pockets included 50%fly ash not included Connector Drain at the retaining wall 420.0 Inft 65.00 27,300 1I01NOL1 .V�Driver nC11.DRRs SINCE 1919 NewportSeachCivicCenterandPark C. W. DRIVER SCOPE AND PRICING SHEETS 8/26/2010 v. as vn"Otxzrn 31.Aug-10 408101 August 26, 2010 * Budget# Description/Scope of Work Quantity unit Costfunit Total Plant bamboo Top soil for planters 53.3 cuyds 45.00 2,400 Irrigadon 1.0 allow 2500,00 2,500 Bamboo 4.0 each 1,500.00 6,000 6,637,858 • Akemeter �z ........:......v........... ::.:::::::........... ............... .. ..... .... Grand Total Post-Tensioned Concrete - Garag 6.637,858 dl L A fY:43 T IS y4SASYAY �.�•- 'f4R'vRv'ry�„�-P! X. •^`` � Y:. 4K['�. .'tiP �{„ S, F, , %�� n. C•3.1+2- F'Y 1t i . Atomic Ant-turnkey mock up 1.0 isum 38.570.00 38,570 Rental Expense 1.0 Isum 2,500.00 2,S00 41,070 • Aftemetez ::.•:..............:.::., .::.::.:..::::..... - ...... ........................... Grand Total Mock u p .:.:...........,., .... ....., . 41.070 Base Bid Ahernates PAGE 5 �|\ u|j )ƒ\ § , , , , 7 \ - | f & ! - ),! - - k}7\ - f § $ $ (° _ $ 0 5AlV 2fC QO F� pRNE P FARALLON F J� 4Q V� oVQ ��- J P LOCATION MAP NOT TO SCALE CIVIC CENTER AND PARK F Wj 4# I Qj v o 0 0 0 Q O C7 cU O v x., o CA o v Q, uu ,� 0 V ro v U ro •u �.' LJ v v o .° 4 cu o U ^J M to v cC) 5 L U "" v cry C) •� vU .� � .-a v v '4-J rd Q, p v u W C7 u cn 0 snow r uft cn O uU ,� U �, Q. v � � U p v rC va ,4' O .. Ln cu � r4 u .J o o v ��•v U En c bvA O v p a -1 .. 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L ® 4J L 2) s► C, s m V .cd L L V CL ® � vs C5 4-J �4J CZ V C E U N N O .� N V) O .0 C u Q 41 'O L V N = V O ._ N c o N Cd � � 0 O O u N Z Z ,-J Q (� O o0 b.Q z+= Ln J 't7 (V0 .� Ln II M •O ® > . -J •� c tz 0 v%ie o }—. > V C, t u T 4= h s m V ® � vs C U N > .� _.j V) O u Q S. Ln V O N Cd � � L b.0 N Z Z ,-J (� O u J 't7 t u T 4= h The GMP City, and CW Driver September 14, 2010 Newport Beach City Council When the Public Sector Builds Our Approach/Principles: I. Cities don't build projects like this often —many private sector companies do. 2. Hire a private company, through a competitive bidding process. 3. Make them part of the design and do constructability analysislvalue engineering from the start. 4. Assign the risk (and some reward) to them. 11 i8-09/14/2010 I Three Models • Design then Build —Two or More Contracts • Independent architect designs project o Project put to bid to construction company (handles all sub -trade bids) • Advantage — common -place, relatively simple. • Disadvantage — subcontract detail remains unknown to the public agency. Folks in NB have been concerned about this in the past, with Edison and UUDs. Three Models, continued • Design -Build — One Contract • Designn3n construction put out to bid. o One company handles design contract and construction sub -trade bids. • Advantage — also commonplace, even simpler than Design then Build. • Disadvantage — subcontract detail remains unknown to the public agency. Folks in NB have been concerned about this in the past, with Edison and UUDs. 09/14/2010 IN 09/14/2010 Three Models, continued • Construction Manager at Risk (CM@R) 1. Construction Manager (CM) hired early to work with owner and architect 2. CM promises project delivery at a set price within a contract called a Guaranteed Maximum Price (GMP) contract: • Typically executed when 100% CD plan set complete and; • After opening and"normalizing" (making sure the bidders didn't make any errors) sealed sub -trade bids More about CM at Risk • Construction Manager @ Risk (CM@R) — cont'd 3. Within GMP, CM usually gets a set profit / %-age (typically 3 to 2% of total project cost) plus an incentive to bring the project on time & under budget - Incentive = share of unspent construction contingency usually 25 to 50% - Penalty = CM responsible for all costs over agreed-upon guaranteed maximum price About this CM at Risk Contractor In 2008: • City issued an RFQ for construction services. 24 firms responded • Seven (7) firms were interviewed by staff and a Council Committee using a Qualification -Based Selection (QBS) process . The seven were: • aamham Inc. (Heery Intl.). C.W. Driver • Gafcon.Inc. GrAn structures. Inc. • Pinnacle One (Arcadis Co.) • Traker Development Wit Development CW Driver was ranked as the top firm and then hired at a City Council Meeting (January 13, 2009). Driver's contract was a part of the staff report. X QBS v Low Bid • Qualification Based Selection (QBS) o Required for specialized services. like engineering, design, construction management a Firm selected based on qualifications. a Prices can be negotiated. Price may not be the determinate factor. • Lowest Responsible Bidder e Required for public works projects — construction, street repair, etc. o Company selected based on lowest responsible bid. o Price is as submitted / no negotiation. 09/14/2010 4 About this Contract • Term = 2'/Years • GMP Contract includes 4 major components: 1. Direct Costs — actual costs for insurance and bonding ($403,169 to date for amendments I & 2) About this Contract Contd. 2. General Conditions/Basic Services • $7,169,255 (not-to-exceed)over 30 months. • Includes all staffing (superintendent, inspection, support), trailers, fencing, traffic control, stormwater control, restrooms, computers, telephone, more. • NO PROFIT built into these numbers. 3. Construction Management Fee (Profit) • CW Driver receives 3.25% profit on all actual costs for completed construction and basic services performed. 09/14/2010 5 09/1412010 About this Contract Contd. 4. Actual Cost of Construction Work (sub -trade bids) 1 n Amendment = mass excavation & shoring wall ($6.73M): • BXconstruction contingency (included in $6.73M) • Any savings of construction contingency split 75% City, 25% Driver. 2ndAmendmenc = parking structure ($7,057,636) • $Y construction contingency (included in $7.06M) • Any savings of construction contingency split 75% City. 25% Driver. 31d (and Subsequent) Amendments • Amount TBD —based upon actual sub -trade bids, opened in public, for remainder of Civic Center Project (fan. 2011). • Will also assume construction contingency with same split. About this Contract Contd. • Not included in GMP Contract: 1. Owners Contingency - if unused, 100% goes to City. - For Mass Ex — 10% (about $630,000) - For Parking Structure — 5% (about $350,000) EXAMPLE: A long Awaited Home Remodel—Construction Costs IW •xM •4tl• W M111 /V )OY•N.kq�lfW • Mi_p im•S1t »,as,e•caw.w • �1.�•.•Yh•f m•I)i . K.(A.Q}�y!•lTwfa tSl WIYvI••pli.]b • eln.a.am•:n i f+.maf slttt•t)f.m con.tvaf.^w.$),m 6rx'r(:N.µ.lf • lMl v!f,pf rw t.n.wr�a.atw leN,xY1 Wptxsii.>f1.11 CJ•.YtYKI.RIKt JH• • aeW:vevra],xw rn <v+m c irlac¢n.•s]w c way.s•i mr..ylc..n .nyyyinstsn� •.nwnwxnaaeriwai i•St,lfi� 09/14/2010 EXAMPLE; The Civic Center Project —Construction Costs LNt(MM-fetllFtM]n ) t>•'61w'.dN eaY Mdal\V <pn•w ]WF{-Nwa. f{'vfIW a4-[enbularo hlKTdW drnavY<N SU]M !•f vi -'H lM an.fYrF•]Y S'l'a < f.a;:[wY Cn +Yf,-•tom . %+-vawYYf NrA14« � .we.Ya:w.iYa.w • AnrYlYi�'H pirtpYlntlal!-Lllo IYS�� �N^KY.l�^a' • VYI tnSWFj,IN f{7Y•:aH1 'Y,bb.!]h! I, !{o uYeRalnlFPtlNt ` SeJr f0••Pbrnan.'!i nNYN Wt+iN>a:1)Y h6Kr•,Nn.i4:v. war•V NNN{ NNW.r.arr�wabF Yh «M1iiti• 7 LSM fNY.ntte•f{fx.nYlLNIHn !N t! I MMYLw1Ypn SLVra•M b4swill. I 09/14/2010 H UdaandfbN lausi%Afaa MattWl moll $ M.OSCl 4tlmnNd[anftrVNan LmYaANY 1pranu9AWMLar aabi f S.m Udmand oirtttfab $ >.dW ESNaabe Onnt lw [aeuana lJ.iSY at wvN voOAL Eatl»nd 9AbWa4mYV(tlon fo-vlHam S U6.1"Pvrar'{CennKamltal e7 Werlbav 4powre! f 4900 Tan laVM�aMt]i-�• --.'. hUm Wd,%Cleea -w%Yadel 5 ".000 1-COn11N[Ibn COnl4yaKytnana apanl•InallMLrMtarn $ ]uwaralAlaalwontpw 5 aob1 a[aaneLw.a.Y 4( aN. p115aiN NFn( anacaa{ fna�t aN]%dpYr aan .6aeYral fe�aonf lfercin$, a1U f Sots eewNex+VM -Oo•dtK lNnrNa $ 1.000 l anen anbnpnry WW (aM.av/d afm SnOniNneelf [4r4 S QbtS f74i5oj 1 fCabaSNSMet -On AatYfI WN%DNf SJ.iA11 $ 7•alo -bebaatt Cant iNfe9.EY) S 19S tonIX{fW{SNrT e71]Y9 mt:anarvmm[onaM.m E)$%1 S Lm 7NW.[pnwnerl n'aJn andlnlrnlAr S 1.175 AIKonINCOnInP (SnGradal • rrWN•annba) N1pAQCMIfMLIM[Maryam f S.m brnndO..Nncownpmliw wam-Naa[LmfrN6 f 49W M7Ta [a r r igTat Caarba4] EXAMPLE; The Civic Center Project —Construction Costs LNt(MM-fetllFtM]n ) t>•'61w'.dN eaY Mdal\V <pn•w ]WF{-Nwa. f{'vfIW a4-[enbularo hlKTdW drnavY<N SU]M !•f vi -'H lM an.fYrF•]Y S'l'a < f.a;:[wY Cn +Yf,-•tom . %+-vawYYf NrA14« � .we.Ya:w.iYa.w • AnrYlYi�'H pirtpYlntlal!-Lllo IYS�� �N^KY.l�^a' • VYI tnSWFj,IN f{7Y•:aH1 'Y,bb.!]h! I, !{o uYeRalnlFPtlNt ` SeJr f0••Pbrnan.'!i nNYN Wt+iN>a:1)Y h6Kr•,Nn.i4:v. war•V NNN{ NNW.r.arr�wabF Yh «M1iiti• 7 LSM fNY.ntte•f{fx.nYlLNIHn !N t! I MMYLw1Ypn SLVra•M b4swill. I 09/14/2010 H j GMP Contract Grows Over Time as �-- Construction Elements Added 100 -------- . . ..... ............._..-...._..... •90 .-- 60 _. . ............... a City Office Building 70 :-......... ......... ..... - .. ....... AI North Park Central 60 --- -- --- ..._.................. Park �--•--- ..._.._.. SO...._... _.-- - ■ Library Expansion q0 30 ........... .............._...... a Parking Structure 20 10 r a Mass EX & Shoring Will 0 ■ General Conditions InApril In May By ay Early 2010 2010 September 2011 2010 Similarities — Home, Civic Center • Yes, the contract amount grows over time as subtrade bids are added to it. • Its supposed to do that. a Profit remains 3.25% of actual work done. • Profit v. Saving Construction Contingency. Just like the home example, there is more reward to the construction manager to save construction contingency than to spend it all and make profit. 09/14/2010 N Questions Raised "What is C.W. Driver making?" • They will make a 3.25% profit over actual opened public bids, actual work completed, and General Conditions. • Their "General Conditions" payments are made monthly (not to exceed $7.169M) and reflect the actual cost of managing the Project (actual costs, no profit — about 30 months) — includes: SraPong(s�perintendentinspection,support), trailers, fencing, traffic control stormwater control, restrooms, computers. telephone, more. • They get 25% of unused Construction Contingency. • City gets 75% of unused Construction Contingency and 100% of unused Owners Contingency. CW Driver has risks, too: • They must deliver on time and on budget CW Driver is responsible for cost overruns (costs exceeding GMP) Issues Raised (cont'd) • "Has this been on open & public process?" Yes. • Contractors prequalified using State -approved process. • All contracts competitively bid with City oversight — opened by City Clerk. • Monthly billings show actual costs and charges on a time and materials basis. • All C.W. Driver and City project records are public (on the City's website) and available for review. 09/14/2010 10 Questions Raised (cont'd) • Are there more affordable project managers? A Going profit rate is 3% to 7%.This is 3.25% a Incentive = 25% of construction contingency. Often 30-35% goes to construction manager. a Will always be firms offering to undercut competition. Qualifications and expertise prevail. o Laguna Niguel's contract with CW Driver is a different style — called Multiple Prime — as such: City of LN retains risks of cost overruns Much less complex site - GCs are 4% of project costs Profit is 1.75% of project costs 09/14/2010 11 N GMP CHANGE ORDER NO. ONE FOR GMP PHASE TWO (PARKING STRUCTURE) TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH C.W. DRIVER, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK THIS GMP CHANGE ORDER NO. ONE FOR CONSTRUCTION MANAGER AT RISK CONTRACT ("Change Order No. One"), is entered into as of this 3do day of September, 2010, by and between the City of Newport Beach, a California Municipal Corporation ("City") and C.W. Driver, Inc., a California Corporation whose address is 15615 Alton Parkway, Suite 150 Irvine, California, 92618 ("CM"), and is made with reference to the following: RECITALS: A. On June 7, 2010, City and Consultant entered into a Construction Manager at Risk Contract ("CM Contract) for the Newport Beach Civic Center and Park Project ("Project"). B. City desires to enter into this Change Order No. One as contemplated in the CM Contract, Article Six, Section 6.1.9(e), to add the Design Build 450 stall parking garage and to increase the Guaranteed Maximum Price ("GMP"). C. City and CM mutually desire to increase the Scope of Work and increase the Guaranteed Maximum Price ("GMP") as provided for herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Article two of the CM Contract shall be supplemented to include the Scope of Work dated August 31, 2010, which is attached hereto as Exhibit `1' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 2. COMPENSATION FOR CM SERVICES AND PAYMENT Article six, Section 6.1.1 of the CM Contract shall be amended to increase the GMP to Twenty -One Million, Nine Hundred Thirty -Two Thousand, Five Hundred Forty - Seven Dollars and no/100 ($21,932,547.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the CM Contract shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this GMP Change Order No. One on the dates written below. APPROVED AS TO FORM: OFFICEH CI� )TY ATTORNEY Date: B' Leonie Mulvihill 1 Assistant City Attorney CITY OF NEWPORT BEACH, A California municipal corporation Date: By: A" a, -'� V Keit6 D. Curry, Mayor ATTEST: CONSULTANT: C.W. DRIVER, INC., a California corporation Date: Date: /v 1> c By: y: Leilani I. Brown R erts, City Clerk ���vPoRT resident and Chief Executive Officer ` n Date: EM Bessie Kouvara, Chief Financial Officer Attachment: Exhibit 1 - Guaranteed Maximum Price Phase 2, Parking Structure �s:ir:� yn CW Driver BUILDERS SINCE 1919 August 31, 2010 Mr. Stephen G. Badum City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92658 15615 Alton Parkway Suite I50 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5100 Re: Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase II — Design/Build Parking Structure Dear Stephen, C.W. Driver is pleased to submit our Guaranteed Maximum Price Proposal (GMP) for the Design/Build Parking Structure phase of the Newport Beach Civic Center and Park Project. For clarification of our proposed services, please see the attached documents. The total Phase II Proposal for these services are as follows: Item Description Total I Phase II — Design/Build Parking Structure* $7,057,636 II General Liability Insurance (0.91%) $64,224 III Construction Management Fee (3.25%) $231,460 IV Direct Expenses Allowance for Project Bond (1.0%) $73,533 TOTAL PHASE 11 $7,426,853 The GMP for this work is based upon the initial design identified in the 100% DD Garage Bridging Documents and Specification provided by Bohlin, Cywinski, Jackson (Bq) dated March 12, 2010. However, the finalized design and scope of work for the Parking - Structure will be reflected in Bomel's Design -Build Construction Drawings, Phase II Proposal Qualifications: I. This scope includes all vertical surveying of the Parking Structure by Bomel Construction, 2. All Underground Utilities related to the parking structure shall be installed within 5 - feet of the building perimeter. Final connections to be made by the Phase III Underground Utility Contractor. 3. A sub -surface drainage system (SSSD) will be installed in lieu of any slab -on -grade waterproofing. This system consist of a 4 -inch PVC main drain pipe with various branch lines extending from the main drain line, located under the East ramp (from gridline 13 to 26 between B and C lines) and connects into the sanitary sewer line at the South end of the garage. (� Los Angeles Irvine Onmrio San Diego g License No. 102 August 31, 2010 Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase 11 — Design/Build Parking Structure 4. This scope includes a total of one (1) sand/oil interceptor. 5. This scope includes sacking of the exterior concrete structure as required. 6. All exterior and interior car barrier cables and supports shall be galvanized steel cables. 7. All stairs shall receive stainless steel cable guardrails, handrails and posts. Additionally, all stair treads and landings shall be concrete pan filled. We have included an allowance of $45,900 for stone cladding of the stair treads and landings if desired by the City. 8. This parking structure is designed without any expansion joints. 9. This scope includes painting of the permanent shoring wall (for the area covered by the parking structure) and all ceilings and vertical surfaces of the Parking Structure in accordance with the 100% DD Project Specification section 09 91 13-1. 10. This scope of work shall provide the Security System infrastructure only; all related Security Equipment, conductors and associated appurtenances shall be provided by the City or included in Phase III. 11. Four (4) 36 -inch tall by 6 -inch thick cast -in-place concrete planter boxes are included at the ground floor light wells along gridline C. This scope includes the necessary waterproofing, electrical conduit and conductors for a single up -light in each planter box, a '/4 -inch irrigation line and one (1) drainage line to service the landscaping (landscaping to be installed by Phase III Contractor). 12. This scope includes the electrical infrastructure and conductors for the landscaping irrigation controller; however the procurement and installation of this irrigation controller shall be by the City or included in Phase III. Vertical conduit shall be surface mounted to the face of the retaining wall. 13. This scope shall include six (6) 1 IOv duplex receptacles along gridline A for use in the Civic Green area. 14. This scope shall include a 100 -amp electrical service (comprised of two (2) 50 -amp services) including two (2) electrical outlets installed at gridline A/25 to service the future power needs at the Civic Green area. 15. This scope includes an allowance of $2,000 to furnish and install four (4) light fixtures at the 2"d floor of the Parking Structure that will provide the minimum code required illumination at the entrance/exit walking paths leading into the Civic Green area. (All conduit and conductors are included in the base scope). 16. This scope includes an allowance of $265,000 to provide a vertical aluminum screen system on the North and South elevations of the Parking Structure. 17. We have included a total of ten (10) galvanized angle corner guards throughout the Parking Structure. 18. This scope includes all Code required Signage, however all way -finding signage and graphics is specifically excluded. Page 2of4 LICENSE ne. [02 August 31, 2010 Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase II — Design/Build Parking Structure Phase 11 Proposal Exclusions: 1. Program management and preconstruction services 2. Monthly site and office utility usage costs 3. Project night watchman 4. Materials, soils testing and inspection 5. Shuttle services for trades and temporary parking costs 6. Scope changes requested by others 7. Unknown subsurface conditions 8. Building permit and plan check fees 9. Utility company and connection fees 10. Subsequent construction phases and scope of work not addressed by the design/build parking garage bridging documents 11. Temporary access roads for emergency use vehicles 12. Planting and landscaping 13. Fine grading 14. Sandblast finish of the exterior concrete surfaces I5. Sacking of interior surfaces is excluded except in areas of rock pockets 16. Pedestrian, parking control equipment and all infrastructure required 17. Emergency generators, associated infrastructure and appurtenances 18. Any concrete deck coatings or concrete sealers 19. Concrete parking bumpers 20. Fire sprinkler pump and any supporting infrastructure Please note that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Team. Please feel free to call, should you have any questions. G Page of La c 9 NSE No. 102 August 31, 2010 Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Phase II — Design/Build Parking Structure cc: Robert Shafer, CWD Andy Feth, CWD David Edwards, CWD William Hahn, CWD Rimma Gutnik, CWD Attachments Include: Exhibit A — Drawing List for the 100% DD Garage Bridging Documents Trade Package Summary — Scope Analysis Contractor Scoring Sheets Page 4 of LICENSE No. 102 EXHIBIT "A" CONTRACT DOCUMENT LISTING NEWPORT BEACH CITY HALL AND PARK PROJECT MAY 26, 2010 ADDENDUM #1 THE LISTING BELOW COMPRISES ALL OF THE DOCUMENTS INCLUDED UNDER THIS CONTRACT. UNLESS OTHERWISE NOTED, ALL DOCUMENTS ARE AS PREPARED BY BOHLIN, CYWINSKI, JACKSON. DRAWINGS ORIGINAL LATEST SHEET PREPARED BY KCI IC MATE nr„ CSI Bohlin, Cywinski,Jackson1/29/2010 L V( I I ii rtcv um I C 3/17/2010 CSI Bohlin, Cywinski, Jackson 2/18/2010 MX01.01 ARUP 1/29/2010 3/17/2010 MX01.02 ARUP 1/29/2010 3/17/2010 MX01.03 ARUP 1/29/2010 3/17/2010 04 OF 38 Hall & Foreman, Inc. 1/29/2010 3/17/2010 05 OF 38 Hall & Foreman, Inc. 1/29/2010 3/17/2010 06 OF 38 Hall & Foreman, Inc. 1/29/2010 3/17/2010 07 OF 38 Hall & Foreman, Inc. 1/29/2010 3/17/2010 08 OF 38 Hall & Foreman, Inc. 1/29/2010 3/17/2010 MX03.01 ARUP (/29/2010 3!17/2010 MX03.02 ARUP 1/29/2010 3/31/2010 MX03.03 ARUP 1/29/2010 3/17/2010 MX03.04 ARUP 1/29/2010 3/17/2010 MX04.01 ARUP 1/29/2010 3/17/2010 MX04.02 ARUP 1/29/2010 3/17/2010 MX04.03 ARUP 1/29/2010 3/17/2010 MX04.04 ARUP 3/17/2010 MX04.05 ARUP 3/17/2010 MX .06 ARUP 3/17/2010 MX04.07 ARUP 3/ 17/2010 MX04.08 ARUP 3/17/2010 MX04.09 ARUP 3/17/2010 MX04.10 ARUP 3/17/2010 MX05.01 ARUP 1/29/2010 3/17/2010 MX06.01 ARUP 1/29/2010 3/31/2010 MX06.02 ARUP 1/29/2010 3/31/2010 MX06.03 ARUP 1/29/2010 3/31/2010 MX06.04 ARUP 1/29/2010 3/17/2010 MX06.05 ARUP 1/29/2010 3/17/2010 MX06.06 ARUP 1!29/2010 3/17/2010 MX06.07 ARUP 1/29/2010 3/17/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 2 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATF RFV F)ATF MXO6.08 ARUP 1/29/2010 3/31/2010 MX06.09 ARUP 3/01/2010 3 /31/2010 `Z:9ARUP 3!17/2010 3/31/2010 MX06.11 ARUP 3/17/2010 MX06.12 ARUP 3/17/2010 MX06.13 ARUP 3/17/2010 MX06.14 ARUP 3/17/2010 MX06.15 ARUP 3/17/2010 MX06.16 ARUP 3!17/2010 MX06.17 ARUP 3/1 7F2-010 MX07.01 ARUP 1/2912010 3/17/2010 MX07.02 ARUP 1/29/2010 3/17!2010 MX07.03 ARUP 1/29/2010 3/17/2010 MX07.04 ARUP 1/29/2010 3/17/2010 MX07.05 ARUP 1/29/2010 3/17/2010 MX07.06 ARUP 1/2972010 3/17/2010 MX07.07 ARUP 1/29!2010 3517/2010 MX07.08 ARUP 1/29/2010 3/17/2010 MX08.01 ARUP 1/2912010 3/17/2010 MX08.02 --r/-29/201 0 3131 /2010 MX08.03 ARUP 1/29/2010 3/17/2010 MX08.04 ARUP 1/2912010 3/17/2010 MX08.05 ARUP 1/29/2010 3/17/2010 MX08.06 ARUP 1/29/2010 3/17/2010 CSG Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 GB1.01 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 A0.10 Bohlin, Cywinski, Jackson 3/12/2010 A0.1 I Bohlin, Cywinski, Jackson 3/12/2010 10.12 Bohlin, Cywinski, Jackson 3/12/2010 A0.13 Bohlin, Cywinski, Jackson 3/12/2010 Go. 10 Bohlin, Cywinski, Jackson 3/12/2010 G1.01 Bohlin, Cywinski, Jackson 2!18/2010 3!12/2010 G1.02 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G2.01 Bohlin, Cywinski, Jackson 2!18/2010 3/12/2010 G2.02 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G3.01 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 63.02 Bohlin,Cywinski,Jackson 2/18/2010 3!12/2010 G4.01 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G4.02 Bohlin, Cywinski, Jackson 2!1812010 3112/2010 G4.03 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G4.04 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G4.05 I Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 3 OF 14 ORIGINAL LATEST SHEET PREPARED BY ica iF neTG ocv nnrc G5.01 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G5.02 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G5.03 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 GS.04 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 G5.10 Bohlin, Cywinski, Jackson 2/18/2010 3/12/2010 SG0.1 I Bohlin, Cywinski, Jackson 2/18/2010 SG 1.01 Bohlin, Cywinski, Jackson 2/18/2010 SG 1.02 Bohlin, Cywinski, Jackson 2/18/2010 SG2.41 Bohlin, Cywinski, Jackson 2/18/2010 SG2.42 Bohlin,Cywinski, Jackson 2/18/2010 53.01 Bohlin, Cywinski,Jackson 2/18/2010 S3.05 Bohlin, Cywinski, Jackson 2/18/2010 MG0.00 Bohlin, Cywinski, Jackson 2/18/2010 MG0.01 Bohlin, Cywinski, Jackson 2/18/2010 MG0.02 Bohlin, Cywinski, Jackson 2/18/2010 MG 1.01 Bohlin, Cywinski, Jackson 2/18/2010 MGL02 Bohlin, Cywinski, Jackson 2/18/2010 MG2.00 Bohlin, Cywinski, Jackson 2/18/2010 MG3.00 Bohlin, Cywinski, Jackson 2/18/2010 MG4.00 Bohlin, Cywinski, Jackson 2/18/2010 MG4.01 Bohlin, Cywinski, Jackson 2/18/2010 MG5.00 Bohlin, Cywinski, Jackson 2/18/2010 EG2.10 Bohlin, Cywinski, Jackson 2/18/2010 EG2.20 Bohlin, Cywinski, Jackson 2/18/2010 EG3.01 Bohlin, Cywinski, Jackson 2/18/2010 EG3.02 Bohlin, Cywinski, Jackson EG4.01 Bohlin, Cywinski, Jackson 2/18/2010 2/18/2010 PG 1.01 Bohlin, Cywinski, Jackson 2/18/2010 PG I.01 U Bohlin, Cywinski, Jackson 2/18/2010 PG 1.02 Bohlin, Cywinski, Jackson 2/18/2010 FPG2.01 Bohlin, Cywinski, Jackson 2/18/2010 FPG2.02 Bohlin, Cywinski, Jackson TG 1.01 Bohlin, Cywinski, Jackson TG 1.02 Bohlin, Cywinski, Jackson 2/18/2010 2/18/2010 2/18/2010 TG4.01 Bohlin, Cywinski, Jackson 2/18/2010 GTYI.01 Bohlin, Cywinski, Jackson 11/19/2009 GTY1.02 Bohlin, Cywinski, Jackson 11/19/2009 L.Cb-s Bohlin, Cywinski,Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 4 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE BI.01 Bohlin, Cywinski, Jackson 2/18/2010 B1.02 Bohlin, Cywinski, Jackson 2/18/2010 B1.03 Bohlin, Cywinski, Jackson 2/18/2010 61.04 Bohlin, Cywinski, Jackson 2/18/2010 CI.01 Bohlin, Cywinski, Jackson 2!18/2010 C2.01 Bohlin, Cywinski, Jackson 2/18/2010 C2.02 Bohlin, Cywinski, Jackson 2/18/2010 C2.03 Bohlin, Cywinski, Jackson 2/18/2010 C2.04 Bohlin, Cywinski, Jackson 2/18/2010 C2.05 Bohlin, Cywinski, Jackson 2/18/2010 C3.01 Bohlin, Cywinski, Jackson 2/18/2010 C3.02 Bohlin, Cywinski, Jackson 2/18/2010 C3.03 Bohlin, Cywinski, Jackson 2/I8/2010 C3.04 Bohlin, Cywinski, Jackson 2/18/2010 C4.01 Bohlin, Cywinski, Jackson 2/18/2010 C4.02 Bohlin, Cywinski, Jackson 2/18/2010 C4.03 Bohlin, Cywinski, Jackson 2/18/2010 C4.04 Bohlin, Cywinski, Jackson 2/18/2010 C4.05 Bohlin, Cywinski, Jackson 2/18/2010 C5.01 Bohlin, Cywinski, Jackson 2/18/2010 CS.02 Bohlin, Cywinski, Jackson 2/18/2010 C5.03 Bohlin, Cywinski, Jackson 2/18/2010 C6.01 Bohlin, Cywinski, Jackson 2/18/2010 C6.02 Bohlin, Cywinski, Jackson 2/18/2010 C6.03 Bohlin, Cywinski, Jackson 2/18/2010 C6.04 Bohlin, Cywinski, Jackson 2/18/2010 C7.01 Bohlin, Cywinski, Jackson 2118/2010 C7.02 Bohlin, Cywinski, Jackson 2/18/2010 CT03 Bohlin, Cywinski, Jackson 2/18/2010 C7.04 Bohlin, Cywinski, Jackson 2/18/2010 L0.01 Bohlin, Cywinski, Jackson 2/18/2010 L0.02 Bohlin, Cywinski, Jackson 2/18/2010 L0.03 Bohlin, Cywinski, Jackson 2/1812010 L0.04 Bohlin, Cywinski, Jackson 2/18/2010 L0.05 Bohlin, Cywinski, Jackson 2/18/2010 L0.06 Bohlin, Cywinski, Jackson 2/18/2010 1-1.01 Bohlin, Cywinski, Jackson 2/18/2010 LL02 Bohlin, Cywinski, Jackson 2/18!2010 1-1.03 Bohlin, Cywinski, Jackson 2/18/2010 1-1.04 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 5 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE LIL05 Bohlin,Cywinski,Jackson 2(18(20IN) 1-1.06 Bohlin, Cywinski, Jackson 2/18/2010 L2.0I Bohlin, Cywinski, Jackson 2/18/2010 L2.02 Bohlin, Cywinski, Jackson 2/18/2010 L2.03 Bohlin, Cywinski, Jackson 2/18/2010 L2.04 Bohlin, CywinskV Jackson 2(18/2010 L2.05 Bohlin, Cywinski, Jackson 2/18/2010 L2.06 Bohlin, QWnski, Jackson 2/18(2010 L2.07 Bohlin, Cywinski, Jackson 2/18!2010 L2.08 Bohlin, Cywinski, Jackson 2/18/2010 L2.09 Bohlin, Cywinski, Jackson 7 2118!2010 L2.10 Bohlin, CywinsW, Jackson 2/18/2010 L3.01 Bohlin, Cywinskn Jackson 2/18/2010 L3.02 Bohlin, Cywinski, Jackson 2/18/2010 1-3.03 Bohlin, Cywinski, Jackson 2/18/2010 1-3.04 Bohlin, Cywinski, Jackson 2/18!2010 L3.05 Bohlin, Cywinski, Jackson 2/18/2010 L3.06 Bohlin, Cywinski, Jackson 2/18!2010 L3.07 Bohlin, Cywinski, Jackson 2/18/2010 1-3.08 Bohlin, Cywinski, Jackson 21 112010 L4.01 Bohlin, Cywinski, Jackson 2/18/2010 L4.02 Bohlin, Cywinski, Jackson 2/18/2010 L4.03 BONN, Cywin?wJackson 2/18120IND L4.04 Bohlin, Cywinski, Jackson 2/18/2010 L4.05 Bohlin, Cywinski, Jackson 2/18(2010 L4.06 Bohlin, Cywinski, Jackson 2/1 H1201 0 1-5.01 Bohlin, Cywinski, Jackson 2/18(2010 L5.02 Bohlin, Cywinski, Jackson 2118/2010 L5.03 Bohlin, Cywinski, Jackson 2/18/2010 1-5.04 Bohlin, Cywinski, Jackson 2/412010 L5.05 Bohlin, Cywinski, Jackson 2/1812010 1-5.06 Bohlin, Cywinski, Jackson 2/18/2010 L6.01 Bohlin, Cywinski, Jackson 2/18/2010 L6.02 Bohlin, Cywinski, Jackson 2/18/2010 L6.03 Bohlin, Cywinski, Jackson 2/18(2010 L6.04 Bohlin, Cywinski, Jackson 2/18/2010 L6.05 Bohlin, Cywinski, Jackson 2/18/2010 L6.06 Bohlin, Cywinski, Jackson 2!18/2010 17.01 Bohlin, Cywinski, Jackson 2/1812010 L7D2 Bohlin, Cywinskn Jackson 2/18/2010 L7.03 Bohlin, Cywinski, Jackson 2/18(2010 L7.04 Bohlin,Cywinski, Jac sson 2(18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 6 OF 14 ORIGINAL LATEST SHEET PREPARED BY ICCI IF nATF RFV r) ATP 1-7.05 Bohlin, Cywinski, Jackson 2/18/2010 1-7.06 Bohlin, Cywinski, Jackson 2/18/2010 1-7.07 __ Bohlin, Cywinski, Jackson 2! 18J2010 1-7.08 Bohlin, Cywinski, Jackson 2/18/2010 L8.01 Bohlin, Cywinski, Jackson 211812010 L8.02 Bohlin, Cywinski, Jackson 2/18/2010 L8.03 Bohlin, Cywinski, Jackson 2/18/2010 L8.04 Bohlin, Cywinski, Jackson 2/18/2010 L8.05 Bohlin, Cywinski, Jackson 2/18/2010 L8.06 Bohlin, Cywinski, Jackson 2/18/2010 L8.08 Bohlin, Cywinski, Jackson 2/18/2010 L8.10 Bohlin, Cywinski, Jackson 2/18/2010 L8.1 I Bohlin, Cywinski, Jackson 2/18/2010 L8.12 Bohlin,Cywinski,Jackson 2/1 812 0 1 0 L8.13 Bohlin, Cywinski, Jackson 2/18!2010 L8.14 Bohlin, Cywinski, Jackson 2!18/2010 L8.15 Bohlin, Cywinski, Jackson 2/18/2010 L8.16 Bohlin, Cywinski, Jackson 2/1 8120 1 0 L8.17 Bohlin, Cywinski, Jackson 2/18/2010 18.18 Bohlin, Cywinski, Jackson 2/18/2010 L8.19 Bohlin, Cywinski, Jackson 2/18/2010 L8.20 Bohlin, Cywinski, Jackson 2/18/2010 1-8.21 Bohlin, Cywinski, Jackson 2/18/2010 L8.22 Bohlin, Cywinski, Jackson 2/18/2010 L8.23 Bohlin, Cywinski, Jackson 2/18/2010 L8.24 Bohlin, Cywinski, Jackson 2/18/2010 L8.25 Bohlin, Cywinski, Jackson 2/1 812 0 1 0 1-9.01 Bohlin, Cywinski, Jackson 2/18/2010 1-9.02 Bohlin, Cywinski, Jackson 2/18/2010 L9.03 Bohlin, Cywinski, Jackson 2/18/2010 L9.04 Bohlin, Cywinski, Jackson 2/18/2010 L10.01 Bohlin, Cywinski, Jackson 2/18/2010 L10.02 Bohlin, Cywinski, Jackson 2/18/2010 1-10.03 Bohlin, Cywinski, Jackson 2/18/2010 1-10.04 Bohlin, Cywinski, Jackson 2/18/2010 A1,01 Bohlin, Cywinski, Jackson 2/18/2010 A1.02 Bohlin, Cywinski, Jackson 2/18/2010 A1.03 Bohlin, Cywinski, Jackson 2/18/2010 A1.04 Bohlin, Cywinski, Jackson 2/18/2010 A1.05 Bohlin, Cywinski, Jackson 2/18/2010 AI.05b Bohlin, Cywinski, Jackson 2/18/2010 A1.06 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 7 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE — -- A1.07 ...,,,,,,,, ywularci,)acrcson Bohlin, Cywinski, Jackson 2/18/2010 A1.07b Bohlin, Cywinski, Jackson 2!18/2010 1 2/18/2010 AI.08 Bohlin, Cywinski, Jackson1 2/18/2010 A1.08b Bohlin, Cywinski, Jackson 2/18/2010 A1.09 Bohlin, Cywinski, Jackson 2/18/2010 ALIO Bohlin, Cywinski, Jackson 2/18/2010 ALI I Bohlin, Cywinski, Jackson 2/18/2010 AI.12 Bohlin, Cywinski, Jackson 2/18/2010 A1.13 Bohlin, Cywinski, Jackson 2/18/2010 A1.14 Bohlin, Cywinski, Jackson 2/18/2010 ALIS Bohlin, Cywinski, Jackson 2/18/2010 A1.21 Bohlin- (- winaei 1v,L, n EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 8 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE A7.04 -05 Bohlin, Cywinski, Jackson 2/18/2010 --k7 Bohlin, Cywinski,Jackson 2/18/2010 A7.21 Bohlin, Cywinski, Jackson 2/18/2010 A9.01 Bohlin, Cywinski, Jackson 2/18/2010 A9.02 _ Bohlin, Cywinski, Jackson 2/18/2010 A9 1 11 Bohlin, Cywinski, Jackson 2/18/2010 A9.12 Bohlin, Cywinski, Jackson 2/18/2010 A9,13 Bohlin, Cywinski, Jackson 2/18/2010 A9.51 Bohlin, Cywinski, Jackson 2/18/2010 A9.S2 Bohlin, Cywinski, Jackson 2/18/2010 A9.61 Bohlin, Cywinski, Jackson 2/18/2010 50.01 Bohlin, Cywinski, Jackson 2(18/2010 50.02 Bohlin, Cywinski, Jackson 2/18!2010 §0.03 Bohlin, Cywinski, Jackson 2/18/2010 50.04 Bohlin, Cywinski, Jackson 2/18/2010 S0, I I Bohlin, Cywinski, Jackson 2/ 18/2010 50.21 Bohlin, Cywinski, Jackson 2/18/2010 Sl Bohlin, Cywinski, Jackson 2/ 18/2010 S1.01 -02 Bohlin, Cywinski, Jackson 2/18/2010 Sl Bohlin, Cywinski, Jackson 2/ 18/2010 51.03 Bohlin, Cywinski, Jackson 2/18/2010 51.04 Bohlin, Cywinski, Jackson 2/18/2010 51.05 Bohlin, Cywinski, Jackson 2/18/2010 51.06 -07 Bohlin, Cywinski, Jackson 2/18/2010 Sl Bohlin, Cywinski, Jackson 2118/2010 S1.08 Bohlin, Cywinski, Jackson 2/18/2010 51.09 Bohlin, Cywinski, Jackson 2/18/2010 SI,10 Bohlin, Cywinski, Jackson 2/18/2010 Sl -I I Bohlin, Cywinski, Jackson 2/18/2010 51.12 Bohlin, Cywinski, Jackson 2/18/2010 51.21 Bohlin, Cywinski, Jackson 2/18/2010 S 1.22 Bohlin, Cywinski, Jackson 2/ 18/2010 51.31 Bohlin, Cywinski, Jackson 2/18/2010 52.1 I Bohlin, Cywinski, Jackson 2/18/2010 52.12 Bohlin, Cywinski, Jackson 2/18/2010 52.13 Bohlin, Cywinski, Jackson 2/18/2010 52.14 Bohlin, Cywinski, Jackson 2/18/20i0 52.21 Bohlin, Cywinski, Jackson 2/18/2010 52.31 Bohlin, Cywinski, Jackson 2/18/2010 53.02 Bohlin, Cywinski, Jackson 2/18/2010 53.03 Bohlin, Cywinski, Jackson 2/18/2010 53.04 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 9 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE 53.11 Bohlin, Cywinski, Jackson 2/18/2010 55.01 Bohlin, Cywinski, Jackson 2/18/2010 55.02 Bohlin, Cywinski, Jackson 2118!2010 55.03 Bohlin, Cywinski, Jackson 2/18/2010 55.04 Bohlin, Cywinski, Jackson 2/18/2010 55.05 Bohlin, Cywinski, Jackson 2/18/2010 55.06 Bohlin, Cywinski, Jackson 2/18/2010 55.07 Bohlin, Cywinski, Jackson 2/18/2010 55.08 Bohlin, Cywinski, Jackson 2/18/2010 55.09 Bohlin, CYwinski, Jackson 2!18/2010 55.1 1 Bohlin, Cywinski, Jackson 2/18/2010 55.12 Bohlin, Cywinski, Jackson 2/18/2010 55.13 Bohlin, Cywinski, Jackson 2/18/2010 55.14 Bohlin, Cywinski, Jackson 2/18/2010 55.15 Bohlin, Cywinski, Jackson 2/18/2010 55.16 Bohlin, Cywinski, Jackson 2!18/2010 S5.2I Bohlin, Cywinski, Jackson 2/18/2010 110.00 Bohlin, Cywinski, Jackson 2/18/2010 110.01 Bohlin, Cywinski, Jackson 2/18/2010 110.02 Bohlin, Cywinski, Jackson 2/18/2010 110.03 Bohlin, Cywinski, Jackson 1/18/2010 110.04 Bohlin, Cywinski, Jackson 2/18/2010 111.00 Bohlin, Cywinski, Jackson 2/18/2010 111.01 Bohlin, Cywinski, Jackson 2/18/2010 M 1.04 Bohlin, Cywinski, Jackson 2/ 18/2010 MI.OS -MI -OSU Bohlin, Cywinski, Jackson 2/18/2010 Bohlin, Cywinski, Jackson --27/1-8/2010 Ml-.06-Bohlin, Cywinski,jack son 2/18/2010 MI.O6U Bohlin, Cywinski, Jackson 2/18/2010 111.07 Bohlin, Cywinski, Jackson 2/18/2010 M-1 Bohlin, Cywinski, Jackson 2/ 18120-10 M1.08 Bohlin, Cywinski, Jackson 2118/2010 M1.08U Bohlin, Cywinski, Jackson 2/18/2010 111.09 Bohlin, Cywinski, Jackson 2/18/2010 MLIO Bohlin, Cywinski, Jackson 2/18/2010 112.00 Bohlin, Cywinski, Jackson 2/18/2010 M3.00 Bohlin, Cywinski, Jackson 2/18/2010 113.01 Bohlin, Cywinski, Jackson 2/18/2010 113.02 Bohlin, Cywinski, Jackson 2/18/2010 M3.03 Bohlin, Cywinski, Jackson 2/18/2010 M3.04Bohlin, Cywinski, Jackson 2/18/2010 M4.00 LBohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 10 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATF RFV BATF M4.01 Bohlin, Cywinski, Jackson 2/18!2010 M4.02 Bohlin, Cywinski, Jackson 2/18/2010 M4.03 Bohlin, Cywinski, Jackson 2/18/2010 M4.04 Bohlin, Cywinski, Jackson 2/18/2010 M5.00 Bohlin, Cywinski, Jackson 2/18/2010 M5.01 Bohlin, Cywinski, Jackson 2/18/2010 M5.02 Bohlin, Cywinski, Jackson 2/18/2010 M6.00 Bohlin, Cywinski, Jackson 2/18/2010 M6.01 Bohlin, Cywinski, Jackson 2/18/2010 E0.01 Bohlin, Cywinski, Jackson 2/18/2010 EI.01 Bohlin, Cywinski, Jackson 2/18/2010 E2.00 Bohlin, Cywinski, Jackson 2/18/2010 E2.01 Bohlin, Cywinski, Jackson 2/18/2010 E2.02 Bohlin, Cywinski, Jackson 2/18/2010 E2.03 Bohlin, Cywirnski, Jackson 2/18/2010 E2.04 Bohlin, CywinsI Jackson 2/18/2010 E2.05 Bohlin, Cywinski, Jackson 2/18/2010 E2.06 Bohlin, Cywinski, Jackson 2/18/2010 E2.07 Bohlin, Cywinski, Jackson 2/18/2010 E2.11 Bohlin, Cywinski, Jackson 2/18/2010 E2.12 Bohlin, Cywinski, Jackson 2/18/2010 E2.13 Bohlin, Cywinski, Jackson 2/18/2010 E3.00 Bohlin, Cywinski, Jackson 2/18/2010 E3.10 Bohlin, Cywinski, Jackson 2/18/2010 E3.11 Bohlin, Cywinski,fackson 2/1812010 E320 Bohlin, Cywinski, Jackson 2/18/2010 E321 Bohlin, Cywinski, Jackson 2/18/2010 E3.30 Bohlin, Cywinski, Jackson 2!1812010 E3.31 Bohlin, Cywinski, Jackson 2/18!2010 E4.00 Bohlin, Cywinski, Jackson 2/18/2010 E4.Ol Bohlin, Cywinski, Jackson 2/18/2010 E4.02 Bohlin, Cywinski, Jackson 2/18/2010 E5.01 Bohlin, Cywinski, Jackson 2/18/2010 E5.02 Bohlin, Cywinski, Jackson 2/18/2010 E5.03 Bohlin, Cywinski, Jackson 2/18/2010 E7.00 Bohlin, Cywinski, Jackson 2!18/2010 P0.0 Bohlin, Cywinski, Jackson 2/18/2010 P0.1 Bohlin, Cywinski, Jackson 2/18/2010 P1.0 Bohlin, Cywinski, Jackson 2/18/2010 PI.04 Bohlin, Cywinski, Jackson 2/18/2010 P1.04U Bohlin, Cywinski, Jackson 2/18/2010 PI.05 Bohlin, Cywinski, Jackson 2/IS/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE I I OF 14 ORIGINAL LATEST SHEET PREPARED BY isel iF nATF RGv nATC PI.OSU Bohlin, Cywinski, Jackson 2/18/2010 PI.06 Bohlin, Cywinski, Jackson 2/18/2010 P1.06U Bohlin, Cywinski, Jackson 2/18/2010 P1.07 Bohlin, Cywinski, Jackson 2/18/2010 P1.08 Bohlin, Cywinski, Jackson 2/18/2010 P3. 10 Bohlin, Cywinski, Jackson 2/18/2010 P5.1 Bohlin, Cywinski, Jackson 2/18/2010 PS.2 Bohlin, Cywinski, Jackson 2/18/2010 P5.3 Bohlin, Cywinski, Jackson 2/18/2010 FP1.04 Bohlin, Cywinski, Jackson 2/18/2010 FPI.OS Bohlin, Cywinski, Jackson 2/18/2010 FP 1.06 Bohlin, Cywinski, Jackson 2/18/2010 FP 1.07 Bohlin, Cywinski, Jackson 2/18/2010 FPI .08 Bohlin, Cywinski, Jackson 2/18/2010 T0.10 Bohlin, Cywinski, Jackson 2/18/2010 TO.1 I Bohlin, Cywinski, Jackson 2/18/2010 T1.04 Bohlin, Cywinski, Jackson 2/18/2010 TLOS Bohlin, Cywinski, Jackson 2/18/2010 TI.06 Bohlin, Cywinski, Jackson 2/18/2010 T1.07 Bohlin, Cywinski, Jackson 2/18/2010 T1.08 Bohlin, Cywinski, Jackson 2/18/2010 T4.01 Bohlin, Cywinski, Jackson 2/18/2010 T4.02 Bohlin, Cywinski, Jackson 2/18/2010 T4.03 Bohlin, Cywinski, Jackson 2/18/2010 T4.04 Bohlin, Cywinski, Jackson 2/I8/2010 T4.05 Bohlin, Cywinski, Jackson 2/18/2010 T4.06 Bohlin, Cywinski, Jackson 2/18/2010 T4.07 Bohlin, Cywinski, Jackson 2/18/2010 T4.08 Bohlin, Cywinski, Jackson 2/18/2010 T4.09 Bohlin, .ywinski, Jackson 2/18/2010 T5.01 Bohlin, Cywinski, Jackson 2/18/2010 T5.02 Bohlin, Cywinski, Jackson 2/1812010 15.03 Bohlin, Cywinski, Jackson 2/ 1 g/2p 10 TY0.10 Bohlin, Cywinski, Jackson 2/18/2010 TYI.04 Bohlin, Cywinski,)ackson 2/18/2010 TYI.06 Bohlin, Cywinski, Jackson 2/18/2010 TY1.07 Bohlin, Cywinski, Jackson 2/18/2010 TY1.08Bohlin, Cywinski, Jackson 2/18/2010 TY1.09Bohlin, Cywinski, Jackson 2/18/2010 TYI.10 Bohlin, Cywinski, Jackson 2/18/2010 TYI.I 1 Bohlin, Cywinski, Jackson 2/18/2010 ED L.51 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 12 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE EVI.OI Bohlin, Cywinski, Jackson 2/18/2010 EV1.04 Bohlin, Cywinski, Jackson -Bohlin, 2/18/2010 EV 1 05 Cywinski, Jackson 2/18/2010 EVIA6 Bohlin, Cywinski, Jackson 2!18/2010 EV1.08 Bohlin, Cywinski, Jackson 2/18/2010 EV2.01 Bohlin, Cywinski, Jackson 2/18/2010 RB1.01 -KB Bohlin, CYwinski, Jackson 2/18/2010 1.02 Bohlin, Cywinski, Jackson 2/18/2010 RD 1.01 Bohlin, Cywinski, Jackson 2/ 18/2010 RD 1.02 Bohlin, Cywinski, Jackson 2/18/2010 RD 1.03 Bohlin, Cywinski, Jackson 2/18/2-010 RD2.01 Bohlin, Cywinski, Jackson 2/18/2010 R1.01 Bohlin, Cywinski, Jackson 2/18/2010 R1.02 Bohlin, Cywinski, Jackson 2/18/2010 R1.03 Bohlin, Cywinski, Jackson 2/18/2010 R1.04 Bohlin, Cywinski, Jackson 2/18/2010 R1.05 Bohlin, Cywinski, Jackson 2/1 812 0 1 0 R1.06 Bohlin, Cywinski, Jackson 2/18/2010 R2.01 Bohlin, Cywinski, Jackson 2/18/2010 R2.02 Bohlin, Cywinski, Jackson 2/18/2010 R3.01 Bohlin, Cywinski, Jackson 2/18/2010 R3.02 Bohlin, Cywinski, Jackson 2/18/2010 83.03 Bohlin, Cywinski, Jackson 2/18/2010 R4.01 Bohlin, Cywinski, Jackson 2/18/2010 R5.01 Bohlin, Cywinski, Jackson 2/18/2010 R5.02 Bohlin, Cywinski, Jackson 2/18/2010 R5.1 I Bohlin, Cywinski, Jackson 2/18/2010 R5.20 Bohlin, Cywinski, Jackson 2/18/2010 R6.01 Bohlin, Cywinski, Jackson 2/18/2010 R7.01 Bohlin, Cywinski, Jackson 2!18/2010 R9.01 Bohlin, Cywinski, Jackson 2/18/2010 R9.02 Bohlin, Cywinski, Jackson 2/18/2010 R9.1 I Bohlin, Cywinski, Jackson 2/18/2010 R9.12 Bohlin, Cywinski,Jackson 2/18/2010 R9.51 Bohlin, Cywinski, Jackson 2/18/2010 R9.52 Bohlin, CyWnski, Jackson 2/18/2010 R9.61 Bohlin, Cywinski, Jackson 2/18/2010 SRO. 1 I -SRI Bohlin, Cywinski, Jackson 2/18/2010 .01 Bohlin, Cywinski, Jackson 2/18/2010 SR1.02 Bohlin, Cywinski, Jackson 2!18/2010 SR1.03 Bohlin, Cywinski, Jackson 2/18!2010 SR1.04 Bohlin, Cywinski, Jackson 2/18/2010 CONTRACT DOCUMENT LISTING PAGE 13 OF 14 ORIGINAL LATEST SHEET PREPARED BY ISSUE DATE REV DATE SR 1.05 Bohlin, Cywinski, Jackson 2/18/2010 SR2.51 Bohlin, Cywinski, Jackson 2/18/2010 SR2.52 Bohlin, Cywinski, Jackson 2/18/2010 SRS.51 Bohlin, Cywinski, Jackson 2/18/2010 MR0.00 Bohlin, Cywinski, Jackson 2/18/2010 MR0.01 Bohlin, Cywinski, Jackson 2/18/2010 MR0.02 Bohlin, Cywinski, Jackson 2/18/2010 MR0.03 Bohlin, Cywinski, Jackson 2/18/2010 MRI.01 Bohlin, Cywinski, Jackson 2/18/2010 MRI.02 Bohlin, Cywinski, Jackson 2/18/2010 MR1.03 Bohlin, Cywinski, Jackson 2/18/2010 MR2.00 Bohlin, Cywinski, Jackson 2/18/2010 MR3.00 Bohlin, Cywinski, Jackson 2/18/2010 MR3.01 Bohlin, Cywinski, Jackson 2/18/2010 MR4.00 Bohlin, Cywinski, Jackson 2/18/2010 MR4.01 Bohlin, Cywinski, Jackson 2/18/2010 MR4.02 Bohlin, Cywinski, Jackson 2/18/2010 MR5.00 Bohlin, Cywinski, Jackson 2/18/2010 MR6.00 Bohlin, Cywinski, Jackson 2/18/2010 MR6.01 Bohlin, Cywinski, Jackson 2/18/2010 ER2.00 Bohlin, Cywinski, Jackson 2/18/2010 ER2.01 Bohlin, Cywinski, Jackson 2!18/2010 ER2.10 Bohlin, Cywinski, Jackson 2/18/2010 ER2.1 I Bohlin, Cywinski, Jackson 2/18/2010 ER3.10 Bohlin, Cywinski, Jackson 2/18/2010 ER3.20 Bohlin, Cywinski, Jackson 2/18/2010 PRI.01 Bohlin, Cywinski, Jackson 2/18/2010 PR 1.02 Bohlin, Cywinski, Jackson 2/18/2010 TR1.01 Bohlin, Cywinski, Jackson 2/18/2010 TR1.02 Bohlin, Cywinski, Jackson 2/18/2010 TR4.01 Bohlin, Cywinski, Jackson 2/18/2010 TYRI.01 Bohlin, Cywinski, Jackson 2/18/2010 TYR1.02 Bohlin, Cywinski, Jackson 2/18/2010 EVR1.02 Bohlin, Cywinski, Jackson 2/18/2010 EXHIBIT "A" CONTRACT DOCUMENT LISTING PAGE 14 OF 14 SPECIFICATION MANUAL Project Specification Manual prepared by Bohlin, Cywinski, Jackson dated February 18, 2010 entitled 100% Design Development Submission divisions 01 through 33 inclusive. SOILS REPORT Soils Report prepared by Leighton Consulting dated April 2, 2010 entitled Geotechnical Engineering Exploration Report for the Newport Beach Civic Center and Park, City of Newport Beach, California. ADDENDA Addenda Prepared by Bohlin, Cywinski, Jackson as follows: • Addenda Number I dated March 31, 2010. INSTRUCTIONS TO BIDDERS Project instructions to bidders prepared by C.W. Driver that was issued with the formal Request for Proposals (RFP) on May 3rd, 2010. i W Q a V N NcoN a - Q < N K N T� N W Q a N NcoN < N K N N N y Y YI Q C W N N 1A P p 6 W 1A yt O V C V O d 6 y T p N o P O E 0 d V O d d � a LL O M M � h c Y N 6 O m o N m n b Nm R N O O N p W N h N i O ae � N apQ O m O — 0 2 y u E a 0 _ o y v N p N• d h O— N _ p_ N_ P N 9 O 9 y O W Q a Center ind Park G.W. Driver Newpo Beach Civic It I'ILDERS SI\C81'11'1 C. W. DRIVER SCOPE AND PRICING. SHEETS 8/26/2010 RiortA. Bgllio ER PH rim..=d' 31 -Aug -10 #08101 August 26. 2010 PAGE 1 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total �;�'�� 'ri � 1 5�recial Ge`n; �Coptli;ions � * Alternates Grand Total Special Gen. Conditions q,d2�;"t-.�,x,vw a`ak.u�'°srvt Base Bid 1.0 Isum 33,500.00 33,500 Verify existing utilities included Trace existing Fiber optics wire Included Trenching - at a minimum depth of 36" from the existing pull box included Excavate a new trench from the new pull box to the loading dock included Two (2) new 2 '''W' schedule 80 PVC pipes included New 2 '4" conduits will run to connect to two (2) new 36x36 NEMA 3R boxes included Remove pull boxs as specified included Install a new pull box (6E) at the East side of the delivery drive included New 36x36 NEMA 3R boxes (keyed locks) - 2 each included Overhead run conduits from the box at the back side of the exterior wail of the Library (EMT ) included Install microducts as specked included penetrate through the existing back wall of the Library, into the back room off of the loading dock and approximately 75 ft into the computer room in the back of the Library on the I st floor. included Disconnect the existing fiber and pull all the way back to the existing site pull box at the end of side walk included Addtionai cable for slack as noted on plans included PAGE 1 G.W. Driver Newport Beach Gv_ic Center and Park III II.13F.RS SINCE 1919 C. W. DRIVER ______F1,SCO PE AND PkICING_SHEETS 8126/2010 rrm«a: en maz:n Pn 31 -Aug -10 k08101 August 26, 2010 PAGE 2 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Install the new conduit runs complete: then removelreinseall the existing fiber to the existing IDF and terminate. included Remove Existing FO Cables Back To Site Pull Box & Pull The Same Cables Thorough Newly Routed Conduits, included Test Active Fibers With OTDR & Provide Test Results To The Owner included Restore all trenches to grade --included Restore the drive way - hot patch asphalt included Protect fiber optic cables included Traffic Control included Trench plates included Spoils removal ( not needed) included Dumpster for own work included Provide Coring For 2 Conduits Entering Building included Provide Fiber Optic Cable Terminations Per Provided Tables. included Protect areas in existing building included Clean up for own work included Low voltage sub - license in place included As -Build Drawings included Landscape Foreman 24.0 mnhr 50.77 1,218 Laborer 44.0 mnhr 23.74 1,045 Sod 400.0 sgft 3.00 1,200 Adjust sprinklers 4.0 mnhr 50.77 203 5 Gallon Shrubs to Match Existing 35.0 each 65.00 2,275 Mulch 5.0 cuyds 75.00 375 Dempster for own work 1.0 each 280.00 280 Sprinkler/Dump Truck 8.0 hours 83.44 668 OH / pro]ft I S% ]sum 7,263.58 1,090 Touch up at the cable penetrations labor 16.0 mnhr 48.54 777 42,630 * Alternates +5a PAGE 2 CNVDriver Newport Beach —Center and Park III 11,I)ERS SINCE 19111 C. W, DRIVER I L FV]SCOPE ANDPRICING SHEETS - 812612010 P . .... . d wu,7 22 N, P"' ­d 31 -Aug -10 408101 Aueust26, 2010 PAGE 3 Budget# Description/Scope of Work Quantity Unit Cosdunit Total ............. Grand Total Fiber-optic Cable Relocation 42,630 e"_ Garage - design built 1.0 Isum 4,988,000,00 4,988,000 General conditions included Design/build preconstruction included Architects' functional design included Structural engineering design included Mech, elem plumbing design included 02200 Site preparation /Fine grade included 02900 Planting /landscape irrigation see below 03200 Concrete reinforcement, incl post tension Included 03300 Casein -place concrete Included 04200 Masonry with rebar Included 05000 Cable rail - stainless steel at stairs Included GOSSO Metal stairs I mise bollards. embeds, mesh partitions Included 05800 Expansion control / deck not included 06000 Wood & plastics n1a 07500 Roofing ( at elevator) Included 07100 Damp proofing & waterproofing at elevator pit Included 07600 Flashing & sheet need Included 08100 Me.[ doors & frames Included 09500 Swiping Included 09800 Wall finishes I facade treatment see below 09900 Paints & coatings Included 10200 Louvers & vents Included 10240 Grilles & screens - alum fins / trellises not included 10400 Signage per code (excludes way -finding graphics) Included I0450 Pedestrian control devices not included 10520 Fire protection specialties lexrfinguushers Included ][ISO Parking control equip not included 12200 Furnishings not included 13700 Security access & surveillance conduit only 14200 Elevators Included 15300 Fire protection piping/ excludes booster pump Included 15400 Plumbing, fixtures & equip/clarifier Included 15700 HVAC/ventilation Included 16000 Electrical Included PAGE 3 Newport_Beach Civic Center and Park C.W. Driver IIlli.11b.NS YIACE I9I9 C.W.DRIVER L__ v SCOPE A D PRICtNG SH EE_TS 8/262010 Prvn d 13M0222P P,,p,r,d. 31 -Aug -10 #08101 August 26, 2010 PAGE 4 * Budget# Description/Scope of Work Quantity Unit costfunit Total Contingency Bonds & certificates included G&Alinsurance Fee included Increase parking structure length to meet bridging documents 1.0 ]sum 367,000.00 367,000 HVACIveralauon 1.0 Isom 360,000.00 360,000 Add for CO monitoring system 1.0 [sum 36.566.00 36,566 Three (3) Electric Vehicle Charging Stations (for service to 6 cars) 1.0 ]sum 25,000.00 25,000 Painting all vertical surfaces (interior and exterior) 1.0 ]sum 52,000.00 52,000 Additional Allowance to paint i 0 [sum 75,000.00 75,000 (1)320 Gal. Sand -Oil interceptor 10 included Four (4) planter boxes at gridline C 1.0 Isum 30.876.00 30,876 Electrical power provisions at irrigation controller at MacArthur 1.0 Isum 2,120.00 2,120 Six (6) electrical outlets along gridline A 1.0 Isum 3,625.00 3.625 100 -amp service to civic green area - provided at gridline A/2S I.0 [sum 5,067.00 5,067 Gap cover at the retaining wall 428.0 Inft 45.00 19,260 Aluminum angle fin screens I.0 Isum 265,000.00 265,000 2 interior "shear" walls and concrete walls at light wells Lo Isum 89,688.00 89,688 4 down lights at 2nd level for entry/exit pathway lighting 1.0 Isum 4,536.00 4,536 Allowance for exterior strair tread stone cladding 36.0 each 1,275.00 45,900 Allowance for crack mitigation ISS,033,0 sgft 1.00 155,033 Shaft and flue for the generator. 1,0 next phase Barrier Cable Galvanized 12 rows 2,932.6 Ink (1.7.04) (49,972) Barrier Cable Stainless steel - double the cost 2.932.6 In@ 34.80 102,054 Backfill soil 1.636.0 cuyds 14.00 22,904 Zinc Clad composite wall panels at elevator shaft mIcuded Light Sandblast not included Patching of post tension pockets Included 50% fly ash not included Connector Drain at the retaining wall 420.0 Irk 65.00 27,300 PAGE 4 G.W. Driver Newport Beach Ci Center and Park BI I I.DIi lis 'll NY,R 1914 CW.DRIVER SCOPE AND PRICING SHEETS 8726/2010 Paned nm,- 9111110222 Po 31-Aug-10 #08101 August 26, 2010 ' Budget$ Description/Scope of Work Quantity Unit costiUnit Total Plant bamboo Top soil for planters 53.3 cuyds 45.00 2,400 Irrigation t0 allow 2,500.00 2,500 Bamboo 4.0 each 1,500.00 6,000 6,637,858 * Alternates . ._ _.. ..... .. .. Grand Total Post-Tensioned Concrete - Garag 6,637,858 * T1;u np" Atomic Arc - turnkey mock up 1.0 Isum 38,570.00 38,570 Rental Expense 1A Isum 2,500,00 2,500 41,070 tt Alternates V - Grand Total Mock up 41.070 Base Bid Alternates PAGE 5 �|\ LOW } !a}; ){)!{))}{}) - - 2 }}/\ § ) }) ) § ) A ) - z p { } \0Z ' \ ! r \ _ - p} b m m r J i n Z y„Qo c m y � R 4 m � a Q � o a w y m Q -- S w v U x 3 a o E h Q ro O LL n n. j N W O n. d % m p N N N N m N m N N N h N [O O N U V h h m a D1 O` N 3 J (O N N 61 a U N v a;i N n n TN 6 � N� 00 w w N j a o rom m A C N T'C � L � U � m m N a w a o a N c o < Ea and n3 t019 mE ��w� 0 0 `o Z vn m on u.=c o oAo a E Q m N m E E Q v a nc u mm—n' u 3 _ > o i i d O Q U d 3 V Z O Z = U O A D Z V a x Z o u O N « E a osr t2 m mil o'c m a o $ 3 m i w u o s m N m i a c t A m =C m «K A A v m E. o o o �. a W m a c v w r J C c E 3 to N U �S C o «_ o a N N co C 9 6 e N i O O Y N O Y22 >A a U A 0UKJ 00 O = 0 DO Q.Q Ln m Q Q Q 45"a 7(a) PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR CITY CIVIC CENTER AND PARK THIS AGREEMENT is made and entered into as of this Mav of hril I 2010, by and between the CITY OF NEWPORT BEACH, a Municipal) Corporation ("City"), and C.W. DRIVER a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California, 92618 ("Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new City Civic Center and Park. C. City desires to engage Consultant to provide program management services through the Construction Document Design Phase and Construction Phase of the new City Civic Center and Park Project ("Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Bruce Curry. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: fi The term of this Agreement shall commence on the above written date, and shall terminate on the 3151 day of December, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million, Three Hundred Five Thousand, Five Hundred Eighteen Dollars and no/100 ($2,305,518.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing PA 4 1.3 in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated BRUCE CURRY to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEPHEN BADUM shall be the Project Administrator_ and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 0 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 61 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's 01 employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 1'I iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work N performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 0 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such Is persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Stephen G. Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3311 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Bruce Curry C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Phone: 949-261-5100 Fax: 949-261-5167 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 11 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. iY#Ikill 94OU 7MT_11100 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of -the Agreement or any other rule of construction which might otherwise apply. 12 33, AMENDMENTS This Agreement executed by both Attorney. 34. SEVERABILITY may be modified or amended only by a written document Consultant and City and approved as to form by the City If any term or portion of this Agreement Is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent Jurisdiction in the County of Orange. 36, EQUAL. OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By _ A io Leonie Mulvihill, � �1`n Acting City Attorney�Ip ATTEST: BY:._-. - Leilani I. Brown, City Clerk r1�noxl' Attachments: CITY OF NEWPORT BE li, A Municip i Co rat n By - Keith D.C rry, Mayor C.W. DRIVER: Pre ' edit By. Bessie Kouvara, Chief Financial Officer ope of Services Exhibit B — Schedule of Billing Rates 13 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By. t L===ALJ110 Leonie Mulvihill, 1\0 Acting City Attorney 1^I ATTEST: V� G/IM/ By: � Leilani I. Brown City Clerk �EWP Attachments: CITY OF NEWPORT BE H, A Municip I Co rat' n By - Keith D. Cory, Mayor C.W. DRIVER: Dana Roberts, President r By. n Bessie Kouvara, Chief Financial Officer — Scope of Services Exhibit B — Schedule of Billing Rates 13 EXHIBIT A EXHIBIT A C.W. Driver BUILDERS SINCE 1919 April 19, 2010 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: Newport Beach Civic Center and Park Project Program Management Proposal CD Design and Construction Phases Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5 167 Telephone 949.261.5 100 C. W. Driver is pleased to submit our fee proposal to provide continued Program Management Services through the Construction Document and Construction Phases of the Newport Beach Civic Center and Park Project for your consideration. We are excited about this opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. Our proposed fee of $2,305,933 is a Not -to -Exceed price for these services through the CD Design Phase and Construction Phase of the Project as per CWD's attached schedule of services. A breakdown of these services is as per the following: PROGRAM MANAGEMENT SERVICES: Estimating / Budgeting / Cost Studies 12% 285,903 Value Engineering Effort (All Phases) 5% 1 1 1,143 Bid Phase Support 8% 190,258 Post Bid Evaluation and Services 7% 156,928 Constructability Review / Systems Analysis 5% 115,920 BIM Manager / 3D Project Modeling 2% 47,520 Operations Preconstruction Services 7% 154,696 Solicit Proposals & Qualifications for Owner Consultants 5% 122,377 RFP's / Selection / Coordination of Owner Consultants 5% 114,870 Management and Coordination of Design Process 9% 209,455 Prequalify Subcontractors and Trade Contractors for Project 13% 290,488 Manage Owner FF&E and Move -in Process 9% 206,960 Manage Project LEED Certification Process 10% 224,000 Project LEAN Consultant 3% 75,000 TOTAL Program Management Services 100% $2,305,933 V] Los Angeles Irvine Ontario San Diego License No. 102 Page I of 3 EXHIBIT A C.W. Driver has not requested any additional reimbursement amounts for this phase and will use the remaining balance from the previous contract phase for any reimbursements associated with these services. Due to the elevated level of detail, the increased amount of documents to review, and increased amount of services to provide during the Construction Document Phase, C.W. Driver's preconstruction services for this phase will increase as compared to prior design phases. Program Management Services for a project typically range between 4% - 6% of a projects total construction budget. However, since CWD has the resources and ability to provide both Program Management AND Construction Services to our clients, we are pleased to provide these services at a reduced rate, therefore passing this management fee savings onto the City of Newport Beach. All of our above estimates are based upon the attached rate sheet. In an attempt to reduce the overall project costs to the City, C.W. Driver has not increased any of our current contract rates approved in our original contract. C.W. Driver will continue to provide the services outlined in our original Agreement with the City of Newport Beach and have provided a breakdown of these services per the following as part of our proposal: Program Management Services: a. Estimating — C.W. Driver will provide a full project estimate for the Owner during the CD design phase prior to the final bid phase of the project. b. Value Engineering — C. W. Driver has allocated resources for an extensive Value Engineering effort during this phase as each submission is received from the project designers. c. Constructability Review — The level of completeness and accuracy of a set of design documents prior to the bid phase can significantly affect the overall costs of a project. C.W. Driver has anticipated providing full constructability review services for each drawing submission by the design team. d. Systems Analysis — Since the Civic Center structure is intended to achieve Silver LEED rated building, C.W. Driver has included in our services a building system analysis reviewing the proposed design systems for appropriateness of the building type, structure, climate and building location to help increase the Owner's overall value of the project. e. On-going Cost Studies — C.W. Driver has budgeted on-going cost studies for various elements of the project to evaluate options presented by the designers. f. BIM Technology / 3D Imaging g. Bid Phase and Post Bid Services h. Review and Analyze Cost Estimates from Architects Estimating Consultant, i. Coordinate and attend all team related meetings CMD Page 2 of 3 LICENSE No. 102 EXHIBIT A j. Management and Coordination of Owner's Project Consultants - This includes the Owner's Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site Engineering and Survey Group, Commissioning Consultant, etc. until the completion of the Construction Document Phase. k. Provide, maintain and distribute milestone preconstruction schedules I. Attendance to all required project meetings and project related committee meetings m. Facilitate the Design Process and Information between different entities during both Preconstruction and Construction Phases of the Project. n. Prequali fy Subcontractors and Trade Contractors for the Project o. Manage the LEED Certification Process and Submittal Requirements to the USGBC p. Manage Owner's FF&E Process q. Coordinate Owner Move -in with Owner's Moving Consultant r. Coordinate the Newport Beach Civic Center Project with other City Construction Projects and Departments Exclusions: a. Construction Management at Risk Services for the Construction Phase of the project. (See separate CWD GMP proposal) b. Project energy management simulations, calculations, c. LEED Credit Calculations d. Reprographics and printing costs ( Reimbursable Items) Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Sincerely, Bruce Curry Project Executive C: Darren Mann, CWD Andy Feth, CWD Robert Shafer, CWD William Hahn, CWD Attachments: Exhibit B — CWD Rate Sheet G" Page 3 of 3 1,10ENSE Nn. i 02 EXHIBIT 6 C.W. Driver C. W. DRIVER E EiI'1I,1)FRS' 51\c:F 1 9 11, xhibi"B'• L MANAGEMENT RATES & REIMBURSABLES EFFECTIVE: January 1, 2010 - December 31, 2012 ACCOUNTING 84.00 ASSISTANT ESTIMATOR 82.00 ASSISTANT PROJECT MANAGER 139.00 ASSISTANT SUPERINTENDENT 109.00 BIM MANAGER 132.00 CARPENTER 102.00 CARPENTER FOREMAN 107.00 CLERICAL 81.00 CONSTRUCTABILITY REVIEWER 139.00 ESTIMATOR/COST ENGINEER 148.00 FIELD SUPERINTENDENT 157.00 GENERAL SUPERINTENDENT 195.00 IT SUPPORT 107.00 LABORER 84.00 LABORER FOREMAN 88.00 PROJECT ENGINEER 83.00 PROJECT EXECUTIVE / CHIEF ESTIMATOR 195.00 PROJECT (PROGRAM) MANAGER 165.00 SAFETY OFFICER 104.00 SCHEDULER 128.00 SENIOR ESTIMATOR 170.00 SENIOR PROJECT ENGINEER 128.00 SENIOR PROJECT MANAGEMENT 171.00 SENIOR SUPERINTENDENT 163.00 TRUCKING / DELIVERIES 69.00 Above rates apply to standard workweek hours. Management Rates: Management Rates Include all wages, workers compensation insurance costs, fringe benefits and payroll taxes, office supplies and expense: mobile phone costs, project staff computers and sofware, main office overhead, and profit Reimburseable Expenses: Reimburseable expenses will be reimbursed at rate of cost plus 10%. Typical reimbursement costs consist of the following: Travel and subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs, postage and mail delivery charges, Permits and Fees, Testing and Inspections, Payment and Performance Bonds Mass Excavation Construction Phase The GMP for this work is based upon the scope of work identified in the Mass Excavation Bid Set of Drawings by Bohlin, Cywinski, Jackson (Bq) dated March 17, 2010 including their Addendum #1 for this package issued on March 31, 2010. (Please see attached drawing list.) C.W. Driver's Project Basic Services C.W. Driver's Basic Services Proposal of $7,169,255 is a Guaranteed Maximum Price (GMP) for Basic Services labor and support services through the completion of the construction of the Newport Beach Civic Center Project as per CWD's attached construction schedule and for the scope of work identified in BCJ's 100% Design Development Set of Project Documents and Specifications dated February 18, 2010. Please see the attached C.W. Driver attachments for a detailed breakdown of the services included in this proposal. Basic Services Labor = Basic Support Services = Subtotal CWD Basic Services* $5,648,095 $1,521.160 $7,169,255 *Excludes Project Liability Insurance and Project Fee. Please see breakdown on the front of this proposal for these costs. Exclusions: a. Program Management and Preconstruction Services. (See separate CWD Proposal) b. Monthly Site Utility Consumption Including Site Offices (installation excepted) c. Project Night Watchman d. Materials and Soils Testing and Inspection e. Shuttle Services for Trades and Temporary Parking expenses f. Owner Scope Changes g. Unknown Subsurface Conditions h. Building Permit Fees i. Utility Company and Connection Fees j. Subsequent Construction Phases and Scope of Work not Addressed by the Mass Excavation Design Package k. Three Upper Most Concrete Retaining Walls at the North Park (only lower wall included) 1. Temporary Access Roads for Emergency Use Vehicles Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Sincerely, Bruce Curry Project Executive Page 2 of 3 G LICENSE Nn. IU% C: Darren Mann, CWD Andy Feth, CWD Robert Shafer, CWD William Hahn, CWD Attachments: b Mass Excavation Drawing List b Mass Excavation Phase I Trade Package Summary c:> Basic Services GCM List * Basic Services Labor Matrix v Construction Schedule b Project Rate Sheet Page 3 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4021 NEWPORT BEACH CIVIC CENTER AND PARK April 27, 2010 City of Newport Beach Construction Management at Risk Contract Table of Contents ARTICLE 1 DEFINITIONS; CONTRACT COMPONENTS; PROJECT SCOPE......................3 ARTICLE 2 CONSTRUCTION MANAGER'S BASIC SERVICES...........................................5 ARTICLE 3 DURATION OF THE CONSTRUCTION MANAGER'S SERVICES....................14 ARTICLE 4 CHANGES IN THE CONSTRUCTION MANAGER'S BASIC SERVICES AND ADDITIONAL COMPENSATION... ....................................... _ .... ... ..... ............ 15 ARTICLE 5 CITY RESPONSIBILITIES.................................................................................15 ARTICLE 6 COMPENSATION FOR CM SERVICES AND PAYMENT.................................18 Exhibit B ARTICLE 7 INSURANCE AND MUTUAL INDEMNITY.........................................................23 Non -Collusion Affidavit ARTICLE 8 TERMINATION AND SUSPENSION.................................................................30 Exhibit E ARTICLE 9 DISPUTE RESOLUTION....... ....... ............................... ................. ........ 31 ARTICLE 10 ADDITIONAL PROVISIONS..............................................................................32 Exhibit H Exhibit A Guaranteed Maximum Price Documentation Exhibit B Designation of Bid Packages Exhibit C Non -Collusion Affidavit Exhibit D Designation of Sureties Exhibit E Contraction Manager's Industrial Safety Record Exhibit F Faithful Performance Bond Exhibit G Labor and Materials Payment Bond Exhibit H Form of Contract Between the CM and Contractors City of Newport Beach -2- Construction 2 - Construction Management at Risk Contract CONSTRUCTION MANAGER AT RISK CONTRACT THIS AGREEMENT is entered into this Z day of 2010 (the "Effective Date"), by and between the CITY OF NEWPORT BEACH, a Municipal Corporation (the "City") and C.W. DRIVER, INC., a California Corporation ("Construction Manager or "CM"), whose address is 15615 Alton Parkway, Suite 150, Irvine CA 92618, and is made with reference to the following: RECITALS A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City ("Charter'). B. The City and the CM entered into a contract dated January 13, 2009, as subsequently amended (the "PM Contract"), for program management services related to the City Hall and Park Master Plan Project. C. The City desires to engage the CM to perform construction management services in connection with Newport Beach Civic Center and Park ("Project"). D. The CM possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. NOW, THEREFORE, the City and the CM, in consideration of their mutual covenants herein, agree as follows: ARTICLE 1 DEFINITIONS; CONTRACT COMPONENTS; PROJECT SCOPE 1.1 Definitions "Agreement" shall have the meaning set forth in Section 1.2. "Allowance Item(s)" shall mean the item(s) identified as such in Exhibit A. "Basic Services" shall have the meaning set forth in Section 2.1. "Charter" shall have the meaning set forth in Recital A. "City" shall mean the City of Newport Beach. "City Council" shall mean the Newport Beach City Council. "Construction Manager" or "CM" shall mean C.W. Driver, Inc. "Contingency" shall mean the line item contingency, in the amount set forth in Exhibit A, for the contingencies that arise during the course of construction of a project of this size and scope. "Contractor" shall have the meaning set forth in Section 2.3.7. City of Newport Beach -3- Construction 3_Construction Management at Risk Contract "Contract Documents" shall have the meaning set forth in Section 1.2. "Cost of the Project" shall have the meaning set forth in Section 6.1.11. "Designer" means Bohlin, Cywinski, Jackson, a Pennsylvania Corporation. "Direct Expenses" means the items set forth in Section 6.2.2. "Effective Date" shall have the meaning set forth in the opening paragraph of the Agreement. "Fee for Basic Services" shall mean the fee for the Basic Services set forth in Section 6.2.1. "CM Fee of 3.25%" means the fee paid to the CM that is 3.25% of the Cost of the Project, the Basic Services and the Direct Expenses. "GMP Change Order" shall have the meaning set forth in Section 6.1.9. "Guaranteed Maximum Price" or "GMP" shall have the meaning set forth in Section 6.1.1, as may be amended pursuant to Section 6.1.9. "Master Schedule" shall mean the schedule prepared pursuant to Section 2.3.1. "PM Contract" shall have the meaning set forth in Recital B. "Project" shall have the meaning set forth in Recital C and Section 1.3 of the Agreement. The term Project shall include the total construction of which the Work may be a whole or part of the Project. "State" shall mean the State of California. "Uncommitted Funds" shall have the meaning set forth in Section 6.1.7. "Work" means the construction and related services to be performed by the CM as provided for in this Agreement. 1.2 Contract Documents The complete contract for the Project includes the following documents: this Agreement ("Agreement"), the Guaranteed Maximum Price Documentation, the Designation of Bid Packages, the Non -Collusion Affidavit, the Designation of Sureties, the Construction Manager's Industrial Safety Record, the Performance Bond, the Labor and Materials Payment Bond, Construction Documents as enumerated in Exhibit B, 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. City of Newport Beach -4- Construction q_Construction Management at Risk Contract 1.3 Project Description The Project name and location is as follows: Newport Beach Civic Center Project 1100 Avocado Avenue, Newport Beach, California 92660 The Project will be delivered pursuant to a phased approach, as more particularly described herein. As contemplated, the Project is generally comprised of the following three phases: (1) mass excavation and grading, (2) 450 stall parking structure, and (3) new Civic Center, dog park, civic lawn, expansion of existing library, City Council chambers, a community room, and a pedestrian bridge over San Miguel Avenue. The scope of Work is described in the exhibits attached hereto, as may be subsequently supplemented and amended. Subject to the approval of the City, the parties anticipate increasing the scope of the Work hereunder by amendments to the Agreement to accommodate each additional phase of the Project. 1.4 Relationship of the Parties The CM shall contract directly with such trade contractors as may be necessary for construction of the Project. All such trade contracts shall be issued consistent with the applicable provisions of this Agreement, the Charter, the City's Municipal Code and applicable State law. ARTICLE 2 CONSTRUCTION MANAGER'S BASIC SERVICES 2.1 Scope of Work The CM shall perform everything required to be performed, as described herein, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project ("Basic Services"). It is not required that the Basic Services be performed in the sequence in which they are described. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. The CM is required to perform all activities, at no extra cost to the City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 2.2 Pre -Construction and Program Management Services The CM shall perform certain pre -construction and program management services relating to the Project pursuant to the PM Contract. Services performed under the PM Contract shall not be considered "Basic Services" under the Agreement. 2.3 Procurement Phase 2.3.1 Master Schedule The CM shall prepare a Master Schedule for the Project. The Master Schedule shall specify the proposed start and finish dates for each major Project activity. The CM shall submit the Master City of Newport Beach -5- construction 5.construction Management at Risk Contract Schedule to the City for acceptance, acceptance of which must be in writing by the City. The Master Schedule shall subsequently be updated pursuant to Section 2.4.16. 2.3.2 Prequalifying Bidders in accordance with applicable law, the CM shall prequalify bidders for each bid package set forth in Exhibit B. This service shall include the following: preparation and transmission of questionnaires; receiving and analyzing completed questionnaires; and preparing summary reports regarding this activity to the City. The CM shall also prepare and transmit to the City a list of prequalified bidders for each bid package. The City shall confirm each prequalified bidder is not presently debarred, suspended, proposed for debarment, declared ineligible or otherwise prohibited from participating on the Project. 2.3.3 Pre -Bid Conference The CM shall conduct a pre-bid conference for each bid package. These conferences shall be forums for the CM and Designer to explain to the bidders the bid package requirements, including information concerning schedule requirements, time and cost control requirements, access requirements, contractor interfaces, the Project administrative requirements and technical information. 2.3.4 Information to Bidders The CM shall conduct a telephonic and written correspondence campaign to attempt to create interest among qualified bidders. The CM shall prepare and post notices and advertisements to solicit bids for the Project in accordance with City policies and applicable law. The CM shall expedite the delivery of bid documents to the bidders. The CM shall obtain documents from the Designer and coordinate posting to an "FTP site" or copying documents onto CD's for distribution to the bidders. The CM shall maintain a record of bidders receiving documents. The CM shall develop and coordinate procedures to provide answers to bidders' questions. 2.3.5 Addenda The CM shall receive from the Designer a copy of all addenda. The CM shall review addenda for clarity, consistency and coordination. By performing the reviews described herein, the CM is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project design or the content of the design documents. The CM shall also distribute a copy of all addenda to each bidder receiving documents or otherwise make such documents available to all bidders. 2.3.6 Competitive Bidding; Bid Opening Each bid package identified in Exhibit B shall be competitively bid in accordance with applicable law. The CM shall conduct bid openings and shall evaluate the bids to determine the lowest responsive and responsible bidder for each bid package. The CM shall make recommendations to the City concerning the acceptance or rejection of bids. City of Newport Beach. -6- Construction 6 - Construction Management at Risk Contract 2.3.7 Construction Contracts At the direction of the City, the CM shall prepare, execute, and deliver the Contract Documents between the CM and the selected trade contractor(s) ("Contractor(s)") for each bid package. The CM shall enter into a contract in substantially the same form as is attached hereto as Exhibit H as the same may be amended by agreement of the City and the CM, with the successful bidder within sixty (60) days after receipt of approval of award from the City. The CM shall also issue the notices to proceed with respect to these contracts after City instructs CM in writing to proceed with said contracts. 2.3.8 Self -Performance [Not used] 2.3.9 Permits, Insurance and Labor Affidavits The CM shall take responsibility for ensuring that the Contractors have secured the required bonds, insurance, labor affidavits, and waivers. The Designer is responsible to secure the building permit. 2.3.10 Time Management (a) Pre -Bid Construction Schedule, The CM shall inform the bidders of their responsibilities regarding the pre-bid construction schedule specified in the Instructions to Bidders or Contract Documents. (b) Master Schedule. The CM shall provide a copy of the Master Schedule to the bidders. 2.3.11 Cost Management (a) Estimates for Addenda. The CM shall prepare an estimate of costs for all addenda and shall submit the estimates to the City for approval. After approval by the City, the addenda shall be transmitted to bidders and the CM's compensation shall be adjusted as provided in this Agreement. (b) Analyzing Bids. Upon receipt of bids, the CM shall evaluate the bids, including alternate prices and unit prices. 2.3.12 Management Information System (MIS) (a) Schedule Maintenance Reports. The CM shall prepare and distribute schedule maintenance reports during the Procurement Phase. The reports shall compare the actual bid and award dates to scheduled bid and award dates and shall summarize the progress of the Project. (b) Project Cost Reports. The CM shall prepare and distribute the project cost reports during the Procurement Phase. The reports shall specify the actual award prices and construction costs for the Project, compared to the Project and Construction Budget. City of Newport Beach -7- Construction 7 - Construction Management at Risk Contract (c) Cash Flow Reports. The CM shall prepare and distribute cash flow reports during the Procurement Phase. The reports shall be based on actual award prices and construction costs for the Project. 2.4 Construction Phase 2.4.7 Pre -Construction Conference In connection with the Designer, the CM shall conduct pre -construction conferences during which the CM shall review the reporting procedures, site operations and other contractual requirements. 2.4.2 Onsite Management and Construction Phase Communication Procedures The CM shall provide and maintain a management team on the Project site to provide contract administration and the CM shall establish and implement coordination and communication procedures among the CM, City, Designer, and Contractors. 2.4.3 Inspection All Work shall be subject to inspection and/or testing in accordance with applicable law. The CM shall coordinate any such inspection and/or testing by the City, including furnishing access to the Project site and the Work. A representative of the CM shall be present for any inspection and/or testing of the Work. 2.4.4 Contract Administration Procedures The CM shall establish and implement procedures for expediting and processing requests for information, shop drawings, material and equipment sample submittals, Contractor schedule adjustments, change orders, substitutes, payment requests and the maintenance of logs. The CM shall maintain dailyjob reports. The CM shall be the party to whom requests for information, submittals, Contractor schedule adjustments, substitutes, change order requests and payment requests shall be submitted. 2.4.5 Project Site Meetings The CM shall conduct weekly meetings at the Project site with each Contractor and the CM shall conduct coordination meetings with all Contractors, the City and Designer. The CM shall record, transcribe and distribute minutes to all attendees, the City and Designer. 2.4.6 Coordination of Other Independent Consultants Technical inspection and testing provided by the City or others shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. The CM is not responsible for providing, nor does the CM control, the actual performance of technical inspection and testing. The CM is performing a coordination function and is not acting in a manner so as to assume responsibility, in part or in whole, for all or any part of such inspection and testing. City of Newport Beach -8- Construction g - Construction Management at Risk Contract 2.4.7 Cleaning Up During the progress of the Work the CM shall direct Contractors to keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CM shall cause to have all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus materials and shall leave the site clean and ready for occupancy. The CM shall restore to original condition all property not designated for alteration by the Contract Documents. CM will not be responsible or liable for any pre-existing hazardous waste or material(s) at the site including removal thereof. 2.4.8 Review of Requests for Changes to the Contract Time and Price The CM shall review the contents of a request for changes to the construction contract time or price submitted by a Contractor, assemble information concerning the request and endeavor to determine the cause of the requests. In instances where the CM's analysis reveals that the request is valid, the CM shall prepare a detailed change order request to the City for approval. In the event that a request affects the Master Schedule, the CM shall update the Master Schedule and shall include the updated schedule in the request submitted to the City. The CM shall prepare the necessary change order documents for signing by the Contractor and City. 2.4.9 Technical Data The CM shall be entitled to rely upon the accuracy of the technical data contained in reports of explorations and tests of subsurface conditions at the site that have been used in preparation of the Contract Documents and have been furnished to the CM. Should the CM encounter (1) concealed or unknown physical conditions that differ materially from those identified in the drawings or specifications or (2) unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character being performed, the CM shall promptly, after becoming aware thereof and before performing any work in connection therewith, notify the City in writing about the condition and may in its notice request an adjustment to the Guaranteed Maximum Price and the completion date. Time extensions and adjustments to the Guaranteed Maximum Price shall be determined pursuant to Section 6.1.12. 2.4.10 Quality Review The CM shall establish and implement a program to monitor the quality of construction. The purpose of the program shall be to guard the City against defects and deficiency in the work of the Contractor. The CM shall transmit to the Contractor a notice of nonconforming work and may reject work when it is the opinion of the CM that the work does not conform to the requirements of the Contract Documents. Except for minor variations as stated herein, the CM is not authorized as part of this service to change, evoke, enlarge, relax, alter, or to release any requirement of the Contract Documents or to approve or accept any portion of the Work not performed in accordance with the Contract Documents. 2.4.11 Uncovering Work If any Work is covered prior to acceptance by the City or prior to inspection in accordance with applicable law, the work shall, if requested by the City, be uncovered for the City's observation and then be recovered at the CM's expense. City of Newport Beach -9- Construction 9_Construction Management at Risk Contract If the City otherwise considers it necessary or advisable that covered work be observed or inspected or tested by others, the CM, at the City's request, shall uncover, expose or otherwise make available for observation, inspection or testing as the City may require that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work does not conform to the requirements of the Contract Documents, the CM shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals. If, however, such work is found to conform to the contract requirements, the City shall reimburse the CM for costs directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 2.4.12 Operation and Maintenance Materials The CM shall receive from the Contractors operation and maintenance manuals, warranties and guarantees for materials and equipment installed in the Project, in accordance with the Contract Documents. 2.4.13 Beneficial Occupancy The City retains the right to beneficially occupy all or any portion of the Work prior to final completion. Should the City exercise its right to beneficial occupancy, the CM shall coordinate access to the site to complete Work or to correct nonconforming work to minimize disruption of the City's activities. The City shall use its best efforts to prevent its beneficial occupancy from interfering with the conduct of the CM. If City's beneficial occupancy of an area (other than at the completion of a phase) results in additional costs or schedule impacts to accommodate City's use of a beneficially occupied area, a change order request will be prepared by the CM for approval by the City addressing such impacts. Upon such beneficial occupancy, all risk of damage to the premises beneficially occupied shall shift to the City, who shall secure all appropriate insurance to protect against such damage. The warranty period for the beneficially occupied portion of the Work shall commence upon the date of beneficial occupancy by the City. It is understood by the CM and the City that this Project will be delivered in the following three phases: (1) mass excavation and grading, (2) design build parking structure, and (3) the balance of the Project which includes the new Civic Center, dog park and library expansion. City agrees to release retention for each phase at the conclusion of each phase. 2.4.14 Substantial Completion In consultation with the Designer, the CM shall determine when the Project and the Contractors' Work is substantially complete. In consultation with the Designer, the CM shall, prior to issuing a Certificate of Substantial Completion, prepare a list of Work that does not conform to the Contract Documents. This list shall be attached to the Certificate of Substantial Completion. 2.4.15 Final Completion In consultation with the Designer, the CM shall determine when the Project and the Contractors' Work is finally completed and, following completion of corrections, shall issue a Certificate of Final Completion to the City. Following the receipt of payment from the City, the CM shall make all payments due to Contractors in accordance with the agreement between CM and Contractors. City of Newport Beach - to - Construction Management at Risk Contract 2.4.16 Time Management (a) Master Schedule. The CM shall adjust and update the Master Schedule for review and approval by the City. Upon written approval of revised Master Schedule by the City, the CM shall distribute copies to Designer. All adjustments to the Master Schedule shall be made for the benefit of the Project. (b) CM Review of Time Extension Requests, The CM shall, prior to the issuance of a change order, determine the effect on the Master Schedule of time extensions requested by the Contractor. (c) Recovery Schedules. The CM may require the Contractor to prepare and submit a recovery schedule as specified in the Contract Documents. 2.4.17 Cost Management (a) Schedule of Values (Each Contract). The CM shall, in participation with the Contractors, determine a Schedule of Values for each of the construction contracts. (b) Change Order Control. The CM shall establish and implement a change order control system. All proposed City -initiated change orders shall first be described in detail in writing by the City to the Designer and then shall be forwarded in a request for proposal to the CM, accompanied by technical drawings and specifications prepared by the Designer. in response to the request for a proposal, the CM shall submit to the City for evaluation detailed information concerning the costs and time adjustments, if any, necessary to perform the proposed change order work. The City shall review the CM's proposal, shall discuss the proposed change order with the CM and endeavor to determine the CM's basis for the cost and time to perform the Work and, as applicable, the effect, if any, on the Guaranteed Maximum Price. The CM shall prepare the change order documents for signature by the City. Upon execution of the change order documents between the CM and City, the CM shall prepare change order documents for signature by the affected Contractor. The CM shall verify that the Work, and any adjustment of time required by approved change orders has been incorporated into the Master Schedule. (c) Cost Records. In instances where a lump sum or unit price is not determined prior to performing Work, the CM shall request from the Contractor records of the cost of payroll, materials and equipment and the amount of payments to subcontractors incurred by the Contractor in performing the Work. (d) Payments. The CM shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's Work consistent with the contract. The CM shall make appropriate adjustments to each payment application and shall prepare and forward to the City a progress payment report. The report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. Included in this report shall be a certificate of payment that shall be signed by the CM and delivered to the City. The CM shall make payments that are due to all contractors under the terms of the agreement between the CM and contractors, suppliers, and material men within ten (10) days following the receipt of payment for the work from the City. City of Newport Beach - 1 - Construction Management at Risk Contract (e) Labor. As applicable, the CM, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and federal, state and local laws related to labor, including regulations regarding the payment of prevailing wages. The CM shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8 -hour day and 40 -hour week; overtime; Saturday, Sunday and holiday work; nondiscrimination because of race, religion, color, national origin, handicap, ancestry, sex or age. 2.4.18 Management Information System (MIS) (a) Schedule Maintenance Reports. The CM shall prepare and distribute monthly schedule maintenance reports during the Construction Phase. The reports shall compare the actual construction dates to scheduled construction dates of each separate construction contract and to the Master Schedule for the Project. (b) Project Cost Reports. The CM shall prepare and distribute monthly Project cost reports during the Construction Phase. The reports shall specify actual Project and construction costs compared to the Project and Construction Budget. (c) Project and Construction Budget Revisions. The CM shall make recommendations to the City concerning construction changes that may result in revisions to the Project and Construction Budget or Guaranteed Maximum Price. (d) Cash Flow Reports. The CM shall prepare and distribute monthly cash flow reports during the Construction Phase. The reports shall specify actual cash flow as compared to projected cash flow. (e) Progress Payment Reports (Each Contract). The CM shall prepare and distribute the progress payment reports on a monthly basis. The reports shall state the total construction contract price, payment to date, current payment requested, retainage and actual amounts owed this period. A portion of this report shall be a certificate of payment that shall be signed by the CM and delivered to the City for use by the City in making payments to the CM. (f) Change Order Reports. The CM shall prepare and distribute change order reports on a monthly basis during the Construction Phase. The report shall list all City -approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. The report shall also include similar information for potential change orders of which the CM may be aware. (g) Contractor's Safety Program. The CM shall review the safety programs of each Contractor and confirm that each Contractor has established safety programs as required by the Contract Documents. As applicable, the CM shall ensure each Contractor is implementing and administering a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, California Code of Regulations. City of Newport Beach -12- Construction 12 - Construction Management at Risk Contract 2.5 Post Construction Phase 2.5.1 Record Documents The CM shall coordinate and expedite submittals of information from the Contractors for preparation of record drawings and specifications, and shall coordinate and expedite the transmittal of such record documents to the City. CM shall forward all paper files to Designer for incorporation into CAD files if so desired by City. All Building Information Modeling (BIM) electronic files will be transmitted to City at the conclusion of the project. 2.5.2 Organize and Index Operations and Maintenance Materials Prior to final completion of the Project the CM shall compile manufacturers' operations and maintenance manuals, warranties and guarantees and bind such documents in an organized manner. This information shall then be provided to the City. 2.5.3 Occupancy Permit The CM shall assist the City in obtaining an occupancy permit by accompanying governmental officials during inspections of the Project, preparing and submitting documentation to governmental agencies and coordinating final testing and other activities. 2.5.4 Cost Management (a) Change Orders. The CM shall continue to provide services related to change orders as specified in Section 2.4.17(b). 2.5.5 Management Information System (MIS) (a) Closeout Reports. At the conclusion of the Project, the CM shall prepare final project accounting and closeout reports. (b) MIS Reports for Move -in and Occupancy. The CM shall prepare and distribute reports associated with the Occupancy Plan. 2.6 Additional Services 2.6.1 At the request of the City, the CM shall perform the following Additional Services and shall be compensated for same as provided in Article 6 of this Agreement. The CM shall perform Additional Services only after the City and CM have executed a written amendment to this Agreement providing for such services and such amendment has been approved by the City Council. Additional Services may include: (a) Services related to investigation, appraisal, or evaluation of existing conditions, facilities, or equipment or determination of the accuracy of existing drawings or other information furnished by the City; (b) Services related to procurement, storage, maintenance and installation of City - furnished equipment, materials, supplies and furnishings; (c) Services related to determination of space needs; City of Newport Beach -13- Construction 13 - Construction Management at Risk Contract (d) Preparation of space programs; (e) Services related to building site investigations and analysis; (f) Services for tenant or rental spaces,- (g) paces;(g) Preparation of a Project financial feasibility study; (h) Preparation of financial, accounting or MIS reports not provided under Basic Services; (i) Performance of technical inspection or testing; (j) Services related to recruiting and training of maintenance personnel; (k) Performance of warranty inspections during the warranty period of the Project; (1) Consultation regarding replacement of work damaged by fire or other cause during construction and furnishing services in connection with the replacement of such work; (m) Preparation for and serving as a witness in connection with any public or private hearing or mediation or legal proceeding; (n) Services related to move -in including preparing and soliciting responses to requests for proposals, preparing and coordinating the execution of contracts, conducting pre - moving conferences, administering the contract for moving activities in conjunction with the move -in for the Project and providing on-site personnel to oversee the relocation of furniture and equipment by the movers while actual move -in is in progress. ARTICLE 3 DURATION OF THE CONSTRUCTION MANAGER'S SERVICES 3.1 The duration of the CM's Basic Services under this Agreement shall be one thousand sixty-seven (1067) consecutive calendar days from the commencement date. 3.2 The commencement date for the CM's Basic Services shall be March 1, 2010. 3.3 The CM's Basic Services shall be performed for the periods of time indicated in this Agreement (see exhibits). If portions of design and construction occur simultaneously, some of the phase durations may overlap. 3.4 Liquidated Damages, Consequential Damages Delays inconvenience the public and interfere with commerce. Delays also cost taxpayers and the City undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the CM agrees to pay $2,500 per day for each day the CM fails to achieve substantial completion within the time required by the Agreement, and to authorize the City to deduct these liquidated damages from any money due or coming to the CM. The liquidated damages are City's exclusive remedy against the CM for delays in reaching substantial completion. The CM and City waive claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes: (1) damages incurred by the City for City of Newport Beach -14- Construction 14 - Construction Management at Risk Contract rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (2) damages incurred by the CM for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. ARTICLE 4 CHANGES IN THE CONSTRUCTION MANAGER'S BASIC SERVICES AND ADDITIONAL COMPENSATION 4.1 City Changes 4.1.1 The City, without invalidating this Agreement, may make changes in the CM's Basic Services specified in Article 2 of this Agreement. The CM shall notify the City within fifteen (15) business days of changes which increase or decrease the CM's compensation, the duration of the CM's Basic Services, or both. 4.1.2 Additional Compensation and Extended Duration The CM shall be entitled to receive additional compensation and additional time when the scope of Basic Services is increased or extended through no fault of the CM. If the scope of Basic Services is increased or the duration of the CM's Basic Services is extended or the duration of the Basic Services to be performed within a phase duration specified in Article 3 is extended, the CM shall be entitled to receive additional compensation and the duration of the Agreement shall be extended. A written request for additional compensation shall be given by the CM to the City within 30 days of the occurrence of the event giving rise to such request. The amount of additional compensation to be paid and the amount of extension of the duration of this Agreement shall be determined on the basis of the CM's labor rates and fee percentage established herein. 4.1.3 Changes in the CM's Basic Services Subject to Section 5.14, changes in the CM's Basic Services and entitlement to additional compensation shall be made by a written amendment to this Agreement executed by the City and the CM and approved as to form by the Office of the City Attorney for the City. The amendment shall be executed by the City and CM and approved as to form by the Office of the City Attorney for the City prior to the CM performing the services required by the amendment. The CM shall proceed to perform the services required by the amendment only after receiving written notice from the City directing the CM to proceed. 4.1.4 Payment of Additional Compensation The CM shall submit invoices for additional compensation with its invoice for Basic Services and payment shall be made pursuant to the provisions of Article 6 of this Agreement. ARTICLE 5 CITY RESPONSIBILITIES 5.1 The City shall provide to the CM complete information regarding the City's requirements for the Project. 5.2 The City shall examine information submitted by the CM and shall render decisions thereto promptly. City of Newport Beach - Construction Management at Risk Contract 5.3 The City shall furnish design, legal, accounting and insurance counseling services as may be necessary for the Project. 5.4 _ If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the CM. 5.5 The City shall furnish required information and approvals and perform its responsibilities and activities in a timely manner to facilitate orderly progress of the Work in cooperation with the CM, consistent with this Agreement, and in accordance with the planning and scheduling requirements and budgetary restraints of the Project as determined by the CM. 5.6 The City has retained a Designer whose services, duties and responsibilities are described in a written agreement between the City and Designer. The services, duties, and responsibilities of the Designer set out in the agreement between the City and Designer shall be compatible and consistent with this Agreement and the Contract Documents. The City shall, in its agreement with the Designer, require that the Designer perform its services in cooperation with the CM, consistent with this Agreement and in accordance with the planning, scheduling and budgetary requirements of the Project as determined by the City and documented by the CM. The terms and conditions of the agreement between the City and the Designer shall not be changed or waived without written consent of the CM, whose consent shall not be unreasonably withheld. 5.7 The City shall approve the Project and Construction Budget and any subsequent revisions in writing. 5.8 The City shall afford the CM proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment. 5.9 If the City contracts separately with any other parties, the City shall cause all such agreements to be compatible and consistent with this Agreement. Each of the agreements shall include waiver of subrogation as required herein. 5.10 The City shall in a timely manner secure, submit and pay for necessary approvals, easements, assessments, utility company fees, permits and charges required for the construction, use or occupancy of permanent structures, or for permanent changes in existing facilities. 5.11 Prior to commencement of each phase of the Project, the City shall furnish evidence satisfactory to the CM that sufficient funds are available and committed for that phase. Unless such reasonable evidence is furnished, the CM is not required to commence its services and may, if such evidence is not presented within a reasonable time, suspend the services specified in this Agreement upon fifteen (15) days written notice to the City and in such event, the CM shall be compensated in the manner provided in Section 8.2. 5.12 The City, its representatives and consultants, including the Designer and individuals performing any inspection and/or testing under Section 2.4.3, shall communicate with the Contractors only through the CM. City of Newport Beach - Is -Construction Management at Risk Contract 5.13 Except as to independent inspectors performing within the scope of their responsibilities, the City shall send to the CM and shall require the Designer to send the CM copies of all notices and communications sent to or received by the City or Designer relating to the Project. 5.14 The City shall designate, in writing, an officer, employee or other authorized representatives to act in the City's behalf with respect to the Project. This representative shall have the authority to approve changes and execute documents on behalf of the City that are consistent with existing City policies and are in substantial conformance with the terms of this Agreement. This representative shall be available during working hours and as often as may be required to render decisions and furnish information in a timely manner. The City's representative is: the City Manager, or his designee. 5.15 The City shall make payments to the CM on the basis of the Contractor's payment applications that are certified by the CM and on the basis of the CM's invoices for its services performed. 5.16 The City shall provide CM with copies of all environmental documents and testing reports prepared under the California Environmental Quality Act. City of Newport Beach -17- Construction 17_Construction Management at Risk Contract ARTICLE 6 COMPENSATION FOR CM SERVICES AND PAYMENT 6.1 Guaranteed Maximum Price 6.1.1 As of the Effective Date, the City and the CM agree that the Guaranteed Maximum Price is fourteen million, five hundred five thousand and six hundred ninety-four dollars ($14,505,694), which is inclusive of the Cost of the Project as respects the bid package(s) identified in Exhibit B, the Fee for Basic Services, the Direct Expenses and the CM Fee of 3.25%. CM's Basic Services labor rates are understood and agreed to be as detailed in Exhibit A. 6.1.2 Documentation of the Guaranteed Maximum Price, attached hereto as Exhibit A and made a part hereof by reference, includes drawings, sketches, specifications, calculations and/or other data used to identify the basis of the Guaranteed Maximum Price . The Guaranteed Maximum Price includes an agreed upon contingency amount for use by the CM and is limited to the work described in the documentation attached as Exhibit A. The Guaranteed Maximum Price shall only be subject to modification pursuant to Section 6.1.9 or as otherwise defined in this Agreement. 6.1.3 The Guaranteed Maximum Price includes those taxes applicable to the Project that are legally enacted at the time the Guaranteed Maximum Price is established. Any increase or decrease in taxes that affect the Guaranteed Maximum Price and that are enacted after the Guaranteed Maximum Price is submitted shall be incorporated into that price by change order. 6.1.4 The Guaranteed Maximum Price relates only to the total Cost of the Work and not to any single line item or other specific element of the Work or cost breakdown. The Guaranteed Maximum Price shall include a Contingency. The parties acknowledge and agree that the Contingency may be used at the sole discretion of the CM to cover any costs necessary to complete the Work, including for Basic Services; however, said Contingency is not to cover any changes in the Work, including the cost of unforeseen conditions, design errors, omissions, deficiencies or defects, scope changes, or any combination thereof, all of which shall be paid from the City's separate contingency, or for costs resulting from the gross negligence or willful misconduct of the CM. The CM may access and bill against the Contingency whenever the CM's actual costs for any other line items exceeds the costs reflected in the estimate for those line items, and the City shall timely pay or reimburse CM pursuant to Section 6.2.4 for such contingency billings provided that such payment or reimbursement does not cause the Guaranteed Maximum Price to be exceeded. 6.1.5 in the same manner, whenever CM's estimate for any given line item in its overall estimate, including without limitation the line items for Basic Services, exceeds the cost to complete the Work under that line item, the CM may transfer the excess to the other line item or items and thereafter bili and be paid or reimbursed for Work performed under those line item(s), provided that such payment or reimbursement does not cause the Guaranteed Maximum Price to be exceeded. Concurrently with its applications for payment, the CM will provide the City with all documentation the City reasonably requires to identify each transfer included in the application and the effect of the transfer, if any, on the Cost of the Project. 6.1.6 Included in the Guaranteed Maximum Price (GMP) are the Allowance Items. To the extent that the actual cost of an Allowance Item shall exceed the amount of the allowance, the GMP shall be increased, dollar for dollar, in accordance with such excess over the City of Newport Beach -18- Construction tg_Construction Management at Risk Contract allowance. To the extent that the actual cost for any Allowance Item is less than the allowance, the GMP shall likewise be decreased accordingly together with the applicable proportion of the CM Fee of 3.25%. In determining the CM Fee of 3.25%, the CM has taken into consideration the Work to be performed for Allowance Items (e.g., unloading, handling and storage at the Project, labor, installation costs, overhead, profit, etc.), and no additional charges in excess of the CM Fee of 3.25% shall be payable to the CM in relation to any Allowance Item. 6.1.7 if, upon final completion of the Project, any uncommitted funds remain with respect to the Guaranteed Maximum Price, any Contingency, the Cost of the Project, the Fee for Basic Services, and/or Direct Expenses ("Uncommitted Funds"), the City shall be entitled to retain seventy-five percent (75%) of such Uncommitted Funds and the CM shall be entitled to payment from the City for twenty-five percent (25%) of such Uncommitted Funds. 6.1.8 The City may change the scope of the Project or a part thereof and the Guaranteed Maximum Price shall then be adjusted as provided in Section 6.1.12. 6.1.9 GMP Change Orders Pursuant to Section 2.3, the CM shall request and receive bids for each bid package identified in Exhibit B and shall advise the City with respect to award of each contract to the lowest responsive and responsible bidder. As such contracts are procured and awarded, the Guaranteed Maximum Price shall be adjusted as follows: (a) Not later than thirty (30) days after issuance of a Notice of Award for each bid package, unless such time is mutually agreed to be extended, the CM shall propose a Guaranteed Maximum Price adjustment ("GMP Change Order") to reflect the increased scope of Work. The GMP Change Order shall include (1) documentation used to identify the basis of the proposed Guaranteed Maximum Price adjustment, including drawings, sketches, specifications, calculations or other relevant data and (2) the change order documents for signature by the CM and City. (b) The City Council shall approve and the City shall accept such GMP Change Order within thirty (30) days of the date of the receipt unless such time is mutually agreed to be extended. if the City does not accept the GMP Change Order within the time period herein provided, the GMP Change Order shall be deemed to have been rejected by the City, in which case the CM and the City shall promptly meet and confer in good faith as to whether the particular bid package should be re -bid or whether some agreed upon alternative course of action should be followed. (c) Upon the City's execution of the change order documents, the supporting documentation included in the GMP Change Order shall be attached hereto as Exhibit A and shall be made a part of the Contract Documents. (d) In the event the City does not accept the CM's proposed GMP Change Order or elects not to go forward with the Project, the CM shall be reimbursed in accordance with the requirements for termination as defined in Sections 8.1.1 and 8.1.3 of this Agreement. (e) it is anticipated that the following phases will be added via change order to this agreement: (1) Design Build 450 stall Parking Garage, and (2) Civic Center and Park Project City of Newport Beach - �g Construction Management at Risk Contract 6.1.10 In the event that the Cost of the Project exceeds the Guaranteed Maximum Price and any adjustments therein as may be due pursuant to the terms hereof, the CM shall continue to perform at no additional cost to the City until the Project, defined by this Agreement and all Exhibits hereto is complete. The CM shall be responsible for paying all costs, in accordance with the terms of this Agreement that may be necessary to complete the Project, even if such amounts are in aggregate in excess of the Guaranteed Maximum Price. 6.1.11 Cost of the Project The term "Cost of the Project" shall mean all amounts paid by the City to the CM for payment to all separate Contractors, suppliers and equipment lessors for all work, material, and equipment supplied to the Project including general conditions items. (a) The Cost of the Project shall not include the following: (i) The Fee for Basic Services; (ii) The CM Fee of 3.25% (iii) All professional fees paid by the City to the Designer or other consultants retained directly by the City; (iv) All costs paid directly by the City to contractors or suppliers retained directly by the City and outside the scope of the Guaranteed Maximum Price; (v) All Additional Services costs as defined herein; or (vi) All other costs not within the control of the CM or identified as being not within the Guaranteed Maximum Price. (b) The Cost of the Project may be further defined in the documentation set forth in Exhibit A. If the provisions of this Section 6.1.11 and the documentation in Exhibit A differ, then the CM shall identify and explain the difference, but the documentation provided in Exhibit A shall be the basis for determining the scope of the Guaranteed Maximum Price. 6.1.12 Other Adjustments to the Guaranteed Maximum Price The CM understands, confirms and agrees that its responsibility hereunder is to construct the Project in accordance with the drawings and specifications. The City and CM shall use the documentation specified in Exhibit A in determining whether the scope of the Project or a part thereof has been changed and in determining entitlement to an adjustment to the Guaranteed Maximum Price. A determination regarding all requests for adjustment to the Guaranteed Maximum Price shall be made in writing within thirty (30) days from the date of a written request for an adjustment, unless such time is mutually agreed to be extended. City of Newport Beach -20- Construction 20 - Construction Management at Risk Contract (a) The amount of adjustment to increase or decrease the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: (i) By mutual acceptance of a lump sum, properly itemized and supported by cost data; or By unit prices defined and listed in Exhibit A; or (iii) If neither of the methods set forth in Sections 6.1.12(a)(i) or 6.1.12(a)(ii) is agreed upon by the City, the CM, provided it receives a written order signed by the City, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the cost records for the changed work. Choice of this method shall not restrict the City or the CM from resolving the matter pursuant to a judicial proceeding as to the justification or right of the CM to an increase in the Guaranteed Maximum Price due to such work. In such case, the CM shall keep and present in such form as may be agreeable to the City an itemized accounting together with appropriate supporting data of the actual cost of the Project. (b) If the unit prices are stated and if the quantities originally contemplated by the CM are so changed in a proposed change order or as a result of several change orders that application of the agreed unit prices to the quantities or work proposed cause substantial inequity to the City or the CM, the applicable unit prices and Guaranteed Maximum Price shall be adjusted. (c) The Designer shall have the authority to order minor changes in the Project consistent with the intent of the drawings and specifications and not involving an adjustment in the Guaranteed Maximum Price or change of the construction completion date. Such changes may be affected by written order only and shall be signed by the City and the CM prior to the work being performed. 6.2 Cost Plus Fixed Fee The City shall compensate the CM on the basis of the Cost of the Project plus the CM Fee of 3.25%, and the Direct Expenses, as follows: 6.2.1 Compensation for Basic Services The CM shall be compensated for performing the Basic Services described in Article 2 as follows: (a) A Fee for Basic Services of seven million, one hundred sixty-nine thousand and two hundred fifty-five dollars ($7,169,255); (b) The Cost of the Project plus the CM Fee of 3.25°/x; and (c) Subject to prior written consent by the City, the cost of independent engineers, architects and other consultants employed by the CM and performing services related to the Project shall be subject to escalation on an annual basis using CPI. City of Newport Beach -21 - Construction Management at Risk Contract 6.2.2 Direct Expenses (a) In addition to the compensation for Basic and Additional Services stated herein, the CM shall be reimbursed for direct expenses for performing its Basic and Additional Services, subject to the Guaranteed Maximum Price. Direct expenses are those actual expenditures made by the CM, its principals, employees, independent engineers, architects, and other consultants in the interest of the Project, including: (i) Long distance telephone calls, telegrams and fees paid for securing the approval of authorities having jurisdiction over the Project; (ii) Handling, shipping, mailing and reproduction of materials and documents; (iii) Subject to the reasonable approval by the City, transportation and lodging expenses when traveling in connection with the Project; (iv) Computer equipment expenses, including rental of electronic data processing or word processing equipment, electronic data processing services, computer software and internal IT support fees; (v) Premiums for insurance beyond the limits normally carried by the CM that are required by the terms of this Agreement. The cost of liability insurance (0.91%) and CM's labor rates are understood and agreed to be the amounts set forth in Exhibit A attached herein; (vi) Gross receipts taxes, sales or use taxes, or services taxes required to be paid as a result of this Agreement; (vii) Field office expenses including the cost of office rentals, field telephones, utilities, field office furniture, equipment and supplies; (viii) Premium time, overtime and shift work directed to be performed by the City; and (xii) Other items as may be itemized in CM's Basic Services per Exhibit A. (b) Bond premiums 6.2.3 Construction Manager's Accounting Records Records for the CM's personnel expenses, independent engineer's, architect's and other consultant's fees and direct expenses pertaining to the Project shall be maintained on the basis of generally accepted accounting practices and shall be available for inspection by the City or the City's representative at mutually convenient times for a period of three years after completion of the CM's Basic Services. . 6.2.4 Payments. Payments to the CM shall be made monthly, not later than thirty (30) days after presentation of the CM's invoice to the City as follows: City of Newport Beach -22- Construction 22 - Construction Management at Risk Contract (a) Payment of the Fee for Basic Services as indicated in Section 6.2.1(a) shall be equal to the percentage complete of the Project, provided that CM shall be entitled to payment to cover mobilization costs at the beginning of the Project, subject to approval by the City. (b) Payment of the Cost of the Project and the CM Fee of 3.25% shall be based on mutually agreed percentage complete for each line item in the Schedule of Values contained in the Application for Payment; (c) All Applications for Payment by CM shall contain and reflect a deduction for retainage equal to ten percent (10%) of the Cost of the Work. No retention shall be withheld for CM's Basic Services, Direct Expenses, or CM fee. As the Project has multiple phases, upon the satisfactory completion of each phase (i.e., Mass Excavation, Parking Structure, and Civic Center and Park), which includes fully completing the work, delivery of all plans, manuals guarantees and other similar documents, and their work has been accepted by City, CM and Designer, City shall within 60 days release all retention monies withheld from Contractors for the phase. (d) Reimbursement for direct expenses shall be in amounts equal to expenditures made during the billing period and during previous billing periods not yet invoiced; (e) Pursuant to Section 20104.5 of the Public Contract Code, payments due to the CM that are unpaid for more than thirty (30) days from the date of the CM's invoice shall bear interest at the annual rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 6.2.5 Compensation for Additional Services The CM shall be compensated and payments shall be made for performing Additional Services in the same amount and manner as provided in Article 6 for Basic Services. There shall be an increase in the CM fee set out in Section 6.2.1(b) in the amount of 5% of the Cost of the Work plus the direct cost of any additional Basic Services required to perform the Additional Service. Pursuant to Section 2.6, the CM shall not be compensated for Additional Services without written authorization by the City. 6.3 Adjustments to the CM's Compensation The CM shall promptly notify the City when changes to the scope of the Project or a part thereof or when delays caused in whole or in part by the City or Designer increase or extend the scope or duration of the CM's Basic Services. The CM shall be entitled to receive additional compensation and an increase in the duration of this Agreement pursuant to the provision of Article 4 and consistent with the provisions of Article 6 of this Agreement. Pursuant to Section 7102 of the Public Contract Code, the CM shall be compensated for damages incurred due to delays for which the City is responsible. ARTICLE 7 INSURANCE AND MUTUAL INDEMNITY 7.1 Insurance Without limiting the CM's indemnification of the City, and prior to commencement of work, the CM shall obtain, provide and maintain as a cost of the work during the term of the Agreement, a City of Newport Beach -23- Construction 23 - Construction Management at Risk Contract policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to the City. It is understood and agreed that the cost of such liability insurance cost shall be deemed to be 0.91 % of the total of the Cost of the Work and Basic Services. Requirements of specific coverage features or limits contained in this Article are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Insurance coverage and limits provided by the CM and Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. The City may elect to implement an Owner Controlled Insurance Program (OCIP). An OCIP is a series of insurance policies issued by one or more companies to cover the enrolled Contractor and eligible subcontractors of all tiers for a given contract. If the City elects to implement an OCIP, it will issue an addendum to this Agreement and will purchase certain insurance coverages covering on-site construction activities for enrolled and eligible Contractors which may include workers' compensation, general liability, and excess liability coverage. All other insurance terms and conditions referenced below and not amended in any addendum to this Agreement remain. In the event that the City elects to alter the insurance requirements set forth in this Section 7.1, the CM shall be entitled to an adjustment to the Guaranteed Maximum Price in accordance with Section 6.1.12. 7.1.1 Certificates of Insurance The CM shall provide original certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The CM shall procure and maintain for the duration of the Agreement 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 the CM, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CM's bid. 7.1.2 Signature A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 7.1.3 Acceptable Insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) City of Newport Beach -24- Construction 24 - Construction Management at Risk Contract in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 7.1.4 Coverage Requirements. (a) Workers' Compensation Coverage, The CM shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, the CM shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against the City, its officers, agents, employees and volunteers for losses arising from work performed by the CM for the City. (b) General Liability Coverage. The CM shall maintain commercial general liability insurance in an amount not less than $25,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under the Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. (c) Automobile Liability Coverage. The CM shall maintain automobile insurance covering bodily injury and property damage for all activities of the CM arising out of or in connection with work to be performed under the Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each occurrence. 7.1.5 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the CM shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.1.6 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverages (i) The City, its elected or appointed 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 the CM, including the insured's general supervision of the CM; products and completed operations of the CM; premises owned, occupied or used by the CM; or automobiles City of Newport Beach -25- Construction 25 -Construction Management at Risk Contract owned, leased, hired or borrowed by the CM. The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected or appointed officers, officials, employees, agents or volunteers. (ii) The CM's insurance coverage shall be primary insurance and/or primary source of recovery as respects the City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the CM's operations or services provided to the City. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the CM'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 the City, its officers, agents, officials, employees and volunteers. (iv) The CM'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 Agreement. (vi) The insurer shall agree to waive all rights of subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by the CM for the City. (b) All Coverages (i) 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 the City. (ii) Timely Notice of Claims. The CM shall give the City prompt and timely notice of any claim made or suit instituted arising out of or resulting from the CM's performance under this agreement. (iii) All of the executed documents referenced in this Agreement 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. 7.1.7 Force Majeure Pursuant to Public Contract Code Section 7105, the CM shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by force majeure events, including but not limited to acts of the public enemy, acts or failures to act of other agencies, in either their sovereign or contractual capacity, voter City of Newport Beach -26- Construction 26 - Construction Management at Risk Contract initiatives, legal actions, changes in law, fires, floods, seismic activity, labor disputes, freight embargoes, unusually severe weather and actions or failures to act by the City or the City's separate contractors. In every case, the failure to perform must be beyond the control and without the fault or negligence of the CM. . 7.2 Notices and Recovery The City and CM each shall provide the other with copies of all policies thus obtained for the Project. Each party shall provide the other with sixty (60) days notice of cancellation, non- renewal or endorsement reducing or restricting coverage. 7.3 Indemnity 7.3.1 To the fullest extent permitted by law, CM shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or CUB presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of CM, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require CM to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties or from any cliam relating to the City's failure to pay any undisputed payments. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CM.. 7.3.2 The City shall cause the Designer to indemnify and hold harmless the City, its employees, agents and representatives to the same extent and in the same manner that CM has provided indemnification for the City under Section 7.3.1. 7.3.3 The City hereby indemnifies and holds harmless the CM and its employees, agents and representatives from and against any and all claims, demands, suits and damages for bodily injury and property damage for which the City is liable that arise out of or result from breach of this Agreement or negligent acts or omissions of the City, its employees, agents, representatives, independent contractors, suppliers, and the Designer. 7.3.4 The CM shall cause the Contractor to indemnify and hold harmless the City, CM and Designer from and against any and all claims, demands, suits, damages, including damages resulting from personal injury or property damage, costs, and expenses and fees that are asserted against the City, CM and the Designer and that arise out of or result from negligent City of Newport Beach -27- Construction 27 - Construction Management at Risk Contract acts or omissions or the breach of the contract by the Contractor, its employees, agents and representatives in performing the Work. 7.3.5 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 Agreement, except to the extent provided for in Section 7.3.1, above. 7.3.6 The rights and obligations set forth in this Article shall survive the termination of this Agreement. 7.4 Builder's Risk Insurance The City shall purchase and maintain at all times during the performance of any Work by the Contractor hereunder, at City's expense, a builders risk insurance policy upon the Work and materials, tools and equipment used in connection with the Work with all coverage normally contained therein, including, but not limited to, fire, natural causes (other than earthquake and flood), and extended coverage, theft, vandalism, malicious mischief, temporary storage, and transit to and from the job site of materials acquired for incorporation into the Work, in an amount equal to one hundred percent (100%) of the full replacement value thereof, and shall cover reasonable compensation for Designer's and Contractor's services and expenses required as a result of such insured loss. The builder's risk policy shall name the Contractor and its subcontractors and sub -subcontractors and material suppliers as additional insureds to the extent of their interest in property covered under the policy. The City shall be responsible for the payment of any deductibles under such builders risk policy. Such property insurance shall be maintained until substantial completion or certificate of occupancy, whichever is earlier. At its option, the City may include coverage for earthquake and/or flood, with such coverage limits (which may be lower than the other builders risk limits) and exclusions. 7.4.1 Perils and Property Insured Coverage shall apply to the Work, any falsework, temporary buildings (but not trailers), and property or materials to be included in the Work, inclusive of while at temporary locations away from the jobsite or in transit on land in the United States or its navigable waters, but not including tools, machinery, equipment, trailers and sheds belonging to the Contractor, Subcontractors or Sub -subcontractors. Coverage for debris removal including demolition occasioned by enforcement of any applicable legal requirements shall be included. 7.4.2 Deductibles - [Not Used] 7.4.3 Copies of Required Insurances Certificates of Insurance and copies of policies, as evidence of the insurance required by this agreement, shall be furnished by the City to Contractor before any work hereunder is commenced by or on behalf of the City. The Certificates of Insurance shall provide that there will be no cancellation without thirty (30) days prior written notice (except ten (10) days for non- payment of premium) by registered mail to Contractor and Designer. 7.4.4 List of Additional Insureds City of Newport Beach -28- Construction 28 - Construction Management at Risk Contract The CM, Contractors and lower tier subcontractors of any tier shall be named as additional insureds. 7.4.5 If the City does not intend to purchase such property insurance required by this Agreement and with all of the coverages in the amount described above, the City shall so inform the CM in writing prior to commencement of the Work. The CM may then affect such insurance, and by appropriate Change Order the cost thereof shall be charged to the City. If the CM is damaged by the failure or neglect of the City to purchase or maintain the Builder's Risk insurance required by this Agreement, then the City shall bear all reasonable costs properly attributable thereto. 7.4.6 Partial or beneficial occupancy or use in accordance with Section 2.4. 13 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The City shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 7.4.7 Boiler and Machinery Insurance The City shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the City; this insurance shall include interests of the City, CM, Contractors and Subcontractors in the Work. The City shall be the named insured and CM, Contractors and Subcontractors shall be additional insureds. 7.4.8 Loss of Use Insurance - The City, at the City's option, may purchase and maintain such insurance as will insure the City against loss of use of the City's property due to fire or other hazards, however caused. The City waives all rights of action against the CM for loss of use of the City's property, including consequential losses due to fire or other hazards however caused. 7.4.9 If the CM requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the City shall, if possible and if the premiums are reasonable, include such insurance, and the cost thereof shall be charged as agreed by City and CM. 7.4.10 If during the Project construction period the City insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the City waives its rights of subrogation against the CM and Contractors for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 7.4.11 Waivers of Subrogation The City and CM waive all rights against (1) each other and any of their Contractors, agents and employees, each of the other, and (2) the Designer, Designer's consultants, separate City of Newport Beach -29- Construction 29 - Construction Management at Risk Contract contractors for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 7.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the City as fiduciary. The City or the CM; as appropriate, shall require of the Designer, Designer's consultants, separate contractors, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 7.4.12 A loss insured under City's property insurance shall be adjusted by the City as fiduciary and made payable to the City as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The CM shall pay Contractors their just shares of insurance proceeds received by the CM, and by appropriate agreements, written where legally required for validity, shall require Contractors to make payments to their Subcontractors in similar manner. 7.4.13 The CM as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the City's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Article 9. ARTICLE 8 TERMINATION AND SUSPENSION 8.1 Termination 8.1.1 This Agreement maybe terminated by the City for convenience after seven (7) days written notice to the CM. 8.1.2 This Agreement may be terminated by either party hereto upon seven (7) days written notice should the other party fail substantially to perform in accordance with the terms hereof through no fault of the terminating party or if the Project in whole or substantial part is stopped for a period of sixty (60) days under an order of any court or other public authority having jurisdiction or as a result of an act of government. 8.1.3 In the event of termination pursuant to Section 8.1.1, the CM shall be paid its compensation for services performed to the date of termination, services of professional consultants then due, direct expenses and all termination expenses. Termination expenses are defined as those expenses arising prior, during and subsequent to termination that are directly attributable to the termination, plus an amount equaling twenty (20) percent of the unearned CM Fee of 3.25%. 8.1.4 in the event of termination pursuant to Section 8.1.2, the CM shall be paid its compensation for services performed to the date of termination, services of professional consultants then due, direct expenses and all termination expenses. No amount computed as provided in Sections 8.1.3 shall be paid in addition, if the termination is due to the CM's failure to substantially perform in accordance with the terms of this Agreement. City of Newport Beach -30- Construction 30 - Construction Management at Risk Contract 8.2 Suspension 8.2.1 The City may order, in writing, the CM to suspend all or any part of the CM's services for the Project for the convenience of the City or for work stoppage beyond the control of the City or the CM. If the performance of all or any part of the services for the Project is suspended, an adjustment in the CM's compensation shall be made for the increase, if any, in the cost of the CM's performance of this Agreement caused by such suspension and this Agreement shall be modified in writing accordingly. 8.2.2 in the event the CM's services on the Project are suspended, the City shall reimburse the CM for all of the costs of its construction site staff, assigned Project home office staff and other costs provided for by this Agreement for the first thirty (30) days of such suspension. The CM shall reduce the size of such staff for the remainder of the suspension period as directed by the City and during such period, the City shall reimburse the CM for all costs of reduced staff. Upon cessation of the suspension, the CM shall restore the construction site and home office staff to its former size. 8.2.3 Persons assigned to another project during such suspension or period and not available to return to this Project upon cessation of the suspension shall be replaced. 8.2.4 If the Project is suspended by the City for more than three (3) months, the CM shall be paid compensation for services performed prior to receipt of written notice from the City of such suspension, together with direct expenses then due and all expenses and costs directly resulting from such suspension. If the Project is resumed after being suspended for more than six (6) month, the CM shall have the option of requiring that its compensation, including rates and fees, be renegotiated. Subject to the provisions of this Agreement relating to termination, a delay or suspension of the Project does not void this Agreement. ARTICLE 9 DISPUTE RESOLUTION All claims, disputes or controversies between the City and the CM arising out of, or relating to the Agreement, the Project, the Work, the Contract Documents or the breach thereof will, if the parties cannot resolve their differences, be resolved by mediation in accordance with the provisions set forth below in Section 9.1. 9.1 Mediation In the event the parties are unable to resolve a dispute, and as a prerequisite to filing a claim under the provisions of Government Code Section 900 et seq., either party may submit a notice of mediation to the other party. All matters submitted to mediation shall be administered in accordance with the Construction Industry Mediation Rules of the American Arbitration Association unless the parties mutually agree otherwise. The mediator shall be experienced in the subject matter of the dispute, as agreed upon by the City and the CM. If the City and the CM are unable to agree upon a mediator, then one shall be selected by the American Arbitration Association. The expenses and fees of the mediation and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. City of Newport Beach -31 - Construction Management at Risk Contract The intent of this provision is that in the event the parties cannot resolve an issue, they participate in good faith mediation in an effort to efficiently resolve disputes. 9.2 Claims If the parties are unable to resolve the dispute by mediation, either party may file a claim in the Orange County Superior Court, provided that such action is taken within six months from the date of the conclusion of the mediation. By entering into this Agreement, the CM warrants and agrees that the substantive laws of the State shall govern all Agreement disputes. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Confidentiality Subject to the California Public Records Act (Government Code Sections 6250 — 6270) and any lawful court order, the CM will keep all information designated and marked by the City as "Confidential" and concerning the Project confidential, except for communications incident to completion of the Project between the CM, Designer, and Contractor, and their independent professional engineers, architects and other consultants and subcontractors, and except for publicity approved by the City and communications in connection with filings with governmental bodies having jurisdiction over the design or construction of the Project. 10.2 Limitation and Assignment The City and the CM each bind itself, its successors, assigns, insurers, and legal representatives to the terms of this Agreement. Neither the City nor the CM shall assign or transfer its rights or interest in this Agreement without the written consent of the other, which consent shall be given in each party's sole and absolute discretion. However, nothing contained in this Section 10.2 can prevent the CM from employing contractors or such consultants, associates or subcontractors as the CM may deem appropriate to assist in performance of the services and of the Work hereunder. The City and the CM agree to comply with Section 7103.5 of the Public Contract Code, which states "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 10.3 Governing Law Unless otherwise provided, this Agreement shall be governed by the law of the State of California. City of Newport Beach -32- Construction 32- Conslruction Management at Risk Contract 10.4 Venue The venue of any judicial proceeding under this Agreement shall be Orange County, California 10.5 Extent of Agreement This Agreement represents the entire and integrated agreement between the City and the CM and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument signed by both the City and the CM. Nothing contained in this Agreement is intended to benefit any third party. The Contractors and Designer are not intended third party beneficiaries of this Agreement. 10.6 Severability If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provision. 10.7 Meaning of Terms References made in the singular shall include the plural and the masculine shall include the feminine or neuter. 10.8 Notices Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered or sent by registered or certified mail, postage prepaid, addressed as follows: To the Citv: City of Newport Beach Public Works Department P.O Box 1768 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen G. Badum (949)644-0000 With a copy to: City of Newport Beach City Clerk P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Leilani Brown City of Newport Beach -33- Construction 33 - Construction Management at Risk Contract To the CM: C.W. Driver 468 North Rosemead Boulevard Pasadena, CA 91107 Attention: Dana Roberts (626) 351-8800 IN WITNESS WHEREOF, this Agreement has been executed as of the last date set forth next to the signatures of the parties, below. ATTEST Approved as to form: B Leonie Mulvihill Nollb Acting City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor Date: +0l I F0 • • •' nt 1� Date: dS 2!0 1 By: Insert Name 136j5 pe Kov ✓f� Financial Officer Date: 14 x/26 /0 City of Newport Beach -34- Construction 34 - Construction Management at Risk Contract e C.W. Driver BUILDERS SINCE 1919 EXHIBIT April 27, 2010 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Mass Excavation and Shoring Construction Phase I C.W. Driver Project Basic Services Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949,261.5 100 C. W. Driver is pleased to submit our Guaranteed Maximum Price Proposal (GMP) for: a) The Mass Excavation and Shoring Phase of the Newport Beach Civic Center and Park Project b) C.W. Driver's Basic Services for the Newport Beach Civic Center and Park Project for on- site project staff and support facilities for all project construction phases as per current scope of work identified in the 100% DD set of design documents prepared by the architect, Bohlin, Cywinski, Jackson (Bq) dated February 18, 2010 and per C.W. Driver's attached construction schedule and For added clarification and detail of our proposed services, please see attached documents. C.W. Driver is very excited about the opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. The Total Phase I Proposal for these services is as follows: it9v Description Total I C.W. Driver Basic Services for Civic Center & Park Project GMP 7,169,255- 11 Mass Excavation and Shoring Construction Phase GMP* 6,620,410 Subtotal 13,789,665 III General Liability Insurance (0.91 %) 125,486 IV Direct Expenses Allowance for Project Bond (1.0%) 137,897 V Construction Management Fee (3.25%) 452,646 TOTAL PHASE 1 $14,505,644 * Includes Contractor Construction Contingency Los Angeles Irvine Ontario San Diego Page I of 3 0 License No. 102 Mass Excavation Construction Phase The GMP for this work is based upon the scope of work identified in the Mass Excavation Bid Set of Drawings by Bohlin, Cywinski, Jackson (Bq) dated March 17, 2010 including their Addendum # I for this package issued on March 31, 2010. (Please see attached drawing list.) C.W.Driver's Project Basic Services C.W. Driver's Basic Services Proposal of $7,169,255 is a Guaranteed Maximum Price (GMP) for Basic Services labor and support services through the completion of the construction of the Newport Beach Civic Center Project as per CWD's attached construction schedule and for the scope of work identified in BCJ's 100% Design Development Set of Project Documents and Specifications dated February 18, 2010. Please see the attached C.W. Driver attachments for a detailed breakdown of the services included in this proposal. Basic Services Labor = $5,648,095 Basic Support Services = $ 1521,160 Subtotal CWD Basic Services* _ $7,169,255 *Excludes Project Liability Insurance and Project Fee. Please see breakdown on the front of this proposal for these costs. Exclusions: a. Program Management and Preconstruction Services. (See separate CWD Proposal) b. Monthly Site Utility Consumption Including Site Offices (installation excepted) c. Project Night Watchman d. Materials and Soils Testing and Inspection e. Shuttle Services for Trades and Temporary Parking expenses f Owner Scope Changes g. Unknown Subsurface Conditions h. Building Permit Fees I. Utility Company and Connection Fees j. Subsequent Construction Phases and Scope of Work not Addressed by the Mass Excavation Design Package k. Three Upper Most Concrete Retaining Walls at the North Park (only lower wall included) I. Temporary Access Roads for Emergency Use Vehicles Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Sincerely, Bruce Curry Project Executive Page 2 ofCWD LICENSE Na, 102 C: Darren Mann, CWD Andy Feth, CWD Robert Shafer, CWD William Hahn, CWD Attachments: Mass Excavation Drawing List Mass Excavations Phase i Trade Package Summary b Basic Services GCM List Basic Services Labor Matrix b Construction Schedule b Project Rate Sheet Page ofCIAD L, CE N St Na. 1 0 Z CW Driver lit 11011 R s Mass Excavation C. W. DRIVER Summary 04/19/10 Printed: 20 -Apr -10 Newport Beach Civic Center and Park Notes Newport Beach, CA Estimate No.: #87101 Square Feet: 122,295 Months On -Site: 25.0 _ Includes Addenda: NIA Estimator: fins, RG,BF,TF,VR * Spec No Seq Description Notes Mass Ex Percent Cost per Sqft 01 1000 1 Assumptions 01 21 00 2 Allowances 01 81 13 3 Sustainable Design Requirements -LEED Registration & Fees In Soft Costs 4 LEED Enhanced Commissioning Requirements In Soft Costs 5 Hazardous Materials Mitigation In Soft Costs 01 73 00 6 Surveying 99,100 01 5000 7 Site Specific Requirements 66,380 01 5000 8 Temp. Barricades & Chain link Fencing 84,866 01 S000 9 Security In Soft Costs 01 50 00 10 Temp Facilities and Controls 41,330 11 Construction & Final Clean -Up 26,004 12 Tests and Inspection In Soft Costs 01 74 19 14 Construction waste management and disposal 2,849 31 0000 15 Site Preparation/ Earthwork 3,366,992 16 Temp Dewatering 12,387 31 50 10 17 Earth Shores & Underpin 1.711,799 31 2500 19 Erosion Control 34,166 32 12 16 20 Asphaltic Paving IS,207 03 33 13 23 Site Walls 140,265 334100 30 Drainage 234,947 0661 00 32 Wrought Iron / RFP Fencing 23,596 07 If 16 50 Waterproofing 363,795 01 3233 109 Time Lapse Photography 4,627 SUBTOTAL 6,228,309 XTR-01000-f 117 Contingency 8.00% 498,265 PAGE 1 C.W.Driver 0I ILW RS SINCI 191, Mass Excavation C. W. DRIVER Summary 04119110 Newport Beach Civic Center and Park Newport Beach, CA Printed: 20 -Apr -10 Estimate No: #87101 Square Feet: 122,295 Months On -Site: 25.0 Includes Addenda: N/A Estimator: RDS, RG,BF TF.VR * Spec No Seq Description Notes Mass Ex Percent Cost per Sqft XT^OIi.OI ', 118 E DRM-00=-' S 119 Suh B >nds . 000.0;070 M 120 Prisnuce�n 000 -010W -M 121 General Conditi<>ns DRM-00650-'. 122 Permits & Special Insur. GCM -01659- 123 Data Processing 0.25% DRM-00653-'. 124 Liability Insurance AAA -01000-t 125 Overhead & Fee 3.25% DRM-00610-I 126 Prime Bond 0.57% Total Estimate 6,726,574 PAGE 2 C.W.Driver III I ['01A (ONC : 1)19 Newport Beach Civic Center and Park SCOPE AND PRICING SHEETS P -',a 4a0H03,18 PM P -,-d: 20 -Apr -10 #87101 04/07110 20 -Apr -10 PAGE L C.W. Driver Newport Beach Civic Center and Park [if .11. ARS S14.Ct7. 1114 SCOPE AND PRICING SHEETS 04/07/10 Pnn'.d. 4120110 3'.18 PM PreP.rea 20 -Apr -10 987101 1* Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Alternates in soft costs, Grand Total LEED Enhanced Commission Grand Total Hazardous Materials Mass Ex Layout and monitoring for soil harvesting, site mass excavation and export 240.0 cwhr 215.00 51,600 Layout for the shoring wall 80.0 cwhr 215.00 17,200 Shoring monitoring 120.0 cwhr 215.00 25,800 Provide as -built drawings 1.0 Isum 4,500 4,500 Alternates 99,100 Grand Total Surveying 99, PAGE 2 C.W. Driver T er Newport Beach Civic Center and Park Ht'( 111)119S Sl�,Cr I'm SCOPE AND PRICING SHEETS Panted-. 4 G/I o 3 18 MPrepa�ee. 20 -Apr -10 #87101 04/07/10 20-Aor-10 PAGE 3 CNV. Dl L Y e r,m� d: + s New�rt Beach Civic Center and Park Pre.ea: BI"11.00 Rq SIVCr 1119 SCOPE AND PRICING SHEETS 04/07110 9120110 3:18 PM 20 -Apr -10 487101 20 -Apr -10 PAGE 4 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total t' Alternates Grand Total Security tnu , i '$1 Mass Ex Set temporary poles 4.0 each 150.00 600 Power poles hook up 40.0 each 250.00 10,000 Set subfeed panels 2.0 each 125.00 250 Temp utilities hook up 1.0 Isum 16,000.00 16,000 Rent temporary generator 7.0 moth 1,500.00 10,500 Rent power poles for the enitre proicet 6.0 mnth 80.00 480 Mat/Equip Protection LO Isom 3,500.00 3,500 41,330 *Alternatet Grand Total Temp Facilities and Controls 41,330 Mass Ex Continuous clean up and support 6.0 moth 3,363.06 20,178 Final clean up 120.0 mnhr 48.54 5,825 26.004 * Alternates PAGE 4 PM ti. -R T Driver Pnn�eE'. 4I30/I0 + + Newport Beach Civic Center and Park P�eP.red� 20 -Apr -- 10 I;111 C.n It RS N1ti(: F: 1539 987101 SCOPE AND PRICING SHEETS 04/07/10 20 -Apr -10 * Budget# DescriptionlScope of Work Quantity Unit Cost/Unit Total Grand Total Construction & Final Clean -1 Test and inspections are by owner In soft costs ` Alternates Grand Total Tests and Inspection 26,004 Mass Ex Extra labor to sort through duration of the 120.0 mnhr 23.74 2,849 project- Recycle 2,849 Alternates Grand Total Construction waste manager 2,849 Mass Ex Sub Contractor proposal 1.0 Isum 2,992,289 2,992,289 Additional dirt removal -per changes in 20,000.0 cuyds 7.07 141,400 drawings Potholing 1.0 Isum 15.180.00 15,180 Site clearing and grubbing included PAGE 5 CNV. Driver lit E.0 lRS SItiCF:. 1114 04107110 Newport Beach Civic Center and Park SCOPE AND PRICING SHEETS Nsr,c d. 4120/10 3:18 PM P,, ­d: 20 -Apr -10 #87101 20 -Apr -10 PAGE 6 * BudgettA Description/Scope of Work Quantity Unit Cost/Unit Total Remove concrete sidewalk included Tree protection included Remove "v" ditch included Remove loading dock pavement included Remove MacArthursidewalk and curb included Misc. Demolition included Rough grade staking from surveyors included Clean excavation to face of beams for shoring contractor included Original ground processing included Cut and compaction of onsite soils included Excavate and dispose of excess cut material included Excavate and stockpile for use as topsoil material gathered in designated areas as shown on plans included Material gathered in designated areas as shown on plans included Cut benches / ramps for shoring sub 4,000.0 cuyds 6.06 24,240 Remove ramps for shoring sub 1,333.3 cuyd 8.08 10,773 Rough grade building pad(s) to t 0.10 k. included Load, haul -off of drilling spoils ISS.6 cuyd 22.00 3,422 Construction water meter 1.0 Isum 2,555.00 2,555 Additional topsoil handling 6.0 moth 3,765.00 22.590 Traffic control plan 1.0 Isum 3,500.00 3,500 Flagmen, 2 each 2,078.4 mnhr 23.74 49,342 Grade/ Gravel for trailers 4,500.0 sgft 4.00 18,000 Grade / Gravel for temporary parking 11,000.0 sgft 4.00 44,000 Street sweeper 320.0 mnhr 11000 35,200 Additional Mobilization / demobilization 1.0 [sum 4,500.00 4,500 3,366,992 *Alternate Grand Total Site Preparation/ Earthwork 3,366,992 mom PAGE 6 C.W. Deva Pnnied: 40-A r-10 �4-�(`+ + LIy Newport Beach Civic Center and Park Prep.ae: 20 -Apr -10 III 11E-pla2ti ("P CK 1)14 tta7101 SCOPE AND PRICING SHEETS 04/07110 20 -Apr -10 PAGE 7 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Mass Ex _. Allowance 32.0 points 387.10 12,387 12,387 r Alternates Grand Total Temp Dewatering 12.387 N x Mass Ex Subcontractor Proposal 1.0 [sum 1.683.000 1,683,000 Shoring wall at the MacArthur I parking garage Engineering design of soldier pile wall included Coal tar epoxy -coated soldier piles included Double corrosion protected (DCP) tieback anchors included Wood Lagging to 4 feet below Top of Finished Slab included Nelson studs welded to soldier piles included Temporary cable handrail at top of soldier piles 613.0 Ink 45.00 27,585 Remove cable handrail 613.0 Inft 1.98 1,214 1,711,799 * Alternates Grand Total Earth Shores & Underpin 1,711,799 PAGE 7 8 PM �A.� . Drive Pnmed'. 31 Newport Beach Civic Center and Park nep,,ed20-A. 20 -Apr -1 100 81'I I,Nt R9 PINCI 1719 487101 SCOPE AND PRICING SHEETS 04/07/10 20 -Apr -10 PAGE 8 * Budget# DescriptionlS cope of Work Quantity Unit CostlUnit Total ''i �}Yctsti�n.,rCdtrht , Mass Ex Stabilized construction entrance/exit with Culvert crossing included Install l remove rumble plates included Silt fence included Fiber rolls included Gravel back check dam included Geotextile mats included Sediment basins install and remove included Storm drain inlet protection included Earth dikes included Hydraulic mulch included Rip rap velocity dissipation included Terra Mulch with Guar Binder (Hydro seed) and basic erosion control seed mix included Place and maintain gravel bags around perimeter fence included Trash and debries guards 6,0 each 1,287.75 7,727 Run off control 7.0 month 3,777.00 26,439 Monthly visits included 34,166 * Alternates Grand Total Erosion Control 34,(66 Mass Eat Allow to repair AC paving as needed 1.0 allow 15,207.00 15,207 PAGE 8 .NV Driver Iat'Ir,nr•:Izs5l�t:f t�ity 04(07110 Pnnad. 4Q0/10 3 I PM Newport Beach Civic Center and Park P"ep d-. 20 -Apr -10 #871 01 SCOPE AND PRICING SHEETS 20-Aor-10 PAGE 9 * Budgetf# Description/Scope of Work Quantity Unit Cost/Unit Total 15.207 Alternotes s st. Grand Total Asphaltic Paving 15,207 Mass Ex North Park Subcontractor proposal 1.0 Isum 97,077.00 97,077 Retaining wall, type A (next to pedestrian 366.0 In@ walk) -done during Mass EX Footing included Footing rebar included CIP Wall included Wall rebar included Subdrainage perforated pipe surrounded by 366.0 Inft drainrock and wrapped in geotextile fabric 42.00 15372 Wall height correction from designer 732.0 sqft 38.00 27,816 140,265 * Alternates Elm Grand Total Site Walls 140,265 Mass Ex Subcontaractor proposal 1.0 Isum 234,947.00 234,947 Install cleanout included PAGE 9 tA.Mrive t � 81 HMVR39fhCF 19f0 04/07110 Newport Beach Civic Center and Park SCOPE AND PRICING SHEETS e���ee. r«oa�ee: 412DIS PM 20-Apr-10 -10 20-Apr-10 #87101 20-Apr-10 * Budget# Des<riptionlScope of Work Quantity Unit CostlUnit Total SD manhole included 18" SD included 6" Solid subdrain included 6' Perforated subdrain Included CMP, ser included Connect to (E) SD included 18" x 18" Tee it cluded Connect to (E) SDMH included Connect to (E) catch basin included Headwall wl rip rap included 234,947 Alternates Grand Total Drainage 234,947 Mass Ex Waterproofing at the shoring wall 22,000.0 sgft 9.60 211,176 Add for 2 layers of cement board 22,000.0 scift 3.04 66,91 I PAGE 10 C.W. Driver 111.'11.131 kS SINCIP 1419 04107/10 Newport Beach Civic Center and Park SCOPE AND PRICING SHEETS P,."d: 4aono 3 I PM Prepared. 20 -Apr -10 *7101 20 -Apr -10 PAGE 11 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Seal and reinforce all penetrations in 300.0 each waterproofing membrane 25.35 7.604 Detail at nelson studs ,000.0 each 8.00 24,000 Scaffolding 10 Isum 15.000.00 15,000 North Park Waterproofing at the site retaining wall 3.555A sqk 11.00 39,105 363,795 " Alternates r' w rl Grand Total Waterproofing 363,795 Mass Ex Time lapse photography 6.0 mo 771.21 4,627 4,627 * Alternates Grand Total Time Lapse Phot 4,627 PAGE 11 s U s U m b � d E a Z C N J+ Y d m N 6 p 6 Y � a t v m s V m a r U u 0'! E a 2 e m a Y //'��+� r a !1-�-i yr c a d a s U v CL E c E_ Z i r d o y O `x a` a v V.+ m U K� r EXHIBIT "A" BULLETIN #1 CONTRACT DOCUMENT LISTING NEWPORT BEACH CITY HALL AND PARK PROJECT APRIL 7`h, 2010 VERSION 1.1 THE LISTING BELOW COMPRISES ALL OF THE DOCUMENTS INCLUDED UNDER THIS CONTRACT. UNLESS OTHERWISE NOTED, ALL DOCUMENTS ARE AS PREPARED BY BOHLIN, CYWINSKI, JACKSON, DRAWINGS ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 001 CSI Bohlin, Cywinski, Jackson 3/3112010 002 MX01.01 ARUP 3/17/2010 003 MX01.02 ARUP 3/17/2010 004 MX01.03 ARUP 3/1712010 005 04 of 38 Hall & Foreman, Inc. 9/23/2009 006 05 of 38 Hall & Foreman, Inc. 8/27/2009 007 06 of 38 Hall & Foreman, Inc. 8/27/2009 008 07 of 38 Hall & Foreman, Inc. 8/27/2009 009 08 of 38 Hall & Foreman, Inc. 8/27/2009 010 MX03.01 ARUP 3/17/2010 011 MX03.02 ARUP 3/17/2010 012 MX03.03 ARUP 3/17/2010 012 MX03.03 ARUP 3/31/2010 013 MX03.04 ARUP 3/17/2010 014 MX04.01 ARUP 3/17/2010 OI5 MX04.02 ARUP 4/6/2010 OI6 MX04.03 ARUP 4/6/2010 017 MX04.04 ARUP 3/17/2010 018 MX04.05 ARUP 3/1712010 019 MX04.06 ARUP 3/17/2010 020 MX04.07 ARUP 3/17/2010 021 MX04.08 ARUP 3/17/2010 022 MX04.09 ARUP 3/17/2010 023 MX04.10 ARUP 3/17/2010 024 MX05.01 ARUP 3/17/2010 025 MX06.01 ARUP 3/31/2010 026 MX06.02 ARUP 3/31/2010 027 MX06.03 ARUP 3/3112010 028 MX06.04 ARUP 3/17/2010 029 MX06.05 ARUP 3/17/2010 030 MX06.06 ARUP 3/17/2010 EXHIBIT "A" BULLETIN #1 CONTRACT DOCUMENT LISTING PAGE 2 OF 2 ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 031 MX06.07 ARUP 3/17/2010 032 MX06.08 ARUP 3/31/2010 033 MX06.09 ARUP 3/31/2010 034 MX06.10 ARUP 3/31/2010 035 MX06.11 ARUP 3/17/2010 036 MX06.12 ARUP 3/17/2010 037 MX06.13 ARUP 3/17/2010 038 MX06.14 ARUP 3/17/2010 039 MX06.15 ARUP 3/17/2010 040 MX06.16 ARUP 3/1712010 041 MX06.17 ARUP 3/17/2010 042 MX07.01 ARUP 3/17/2010 043 MX07.02 ARUP 3/17/2010 044 MX07.03 ARUP 3/17/2010 045 MX07.04 ARUP 3/17/2010 046 MX07.05 ARUP 3/17/2010 047 MX07.06 ARUP 3/17/2010 048 MX07.07 ARUP 3/17/2010 049 MX07.08 ARUP 3/17/2010 050 MX08.01 ARUP 3/17/2010 051 MX08.02 ARUP 3/17/2010 052 MX08.03 ARUP 3/17/2010 053 MX08.04 ARUP 3/17/2010 054 MX08.05 ARUP 3/17/2010 055 MX08.06 ARUP 3/17/2010 SPECIFICATION MANUAL Project Specification Manual prepared by Bohlin, Cywinski, Jackson dated March 17, 2010 entitled Mass Excavations Bid Set divisions I through 3 inclusive. SOILS REPORT Soils Report prepared by Leigton Consulting, Inc dated April 2, 2010 entitled Geotechnical Engineering Exploration Report for the Newport Beach Civic Center and Park, City of Newport Beach, California. BULLETIN Bulletin Prepared by Bohlin, Cywinski, Jackson as follows: Bulletin Number #I dated March 31, 2010 C. N. Dril ,!er Mass Excavation C. W. DRIVER Budget Summary 04/19/10 EXHIBIT - A Printed: 20 -Apr -10 Newport Beach Civic Center and Park Date Prepared: 20 -Apr -10 Newport Beach, CA Estimate No.: #87101 Square Feet: 122,295 Months On -Site: 25.0 Includes Addenda: N/A Estimator: RDs, RG,BF,TF,VR * Spec No Seq Description Notes Mass Ex Percent Cost per Sqft 017300 6 Surveying 99,100 01 5000 7 Site Specific Requirements 66,380 01 5000 8 Temp. Barricades & Chain link Fencing 84,866 01 5000 10 Temp Facilities and Controls 41,330 11 Construction & Final Clean -Up 26,004 0241 13 13 Selective Structure Demolition incl in earthwork 01 74 19 14 Construction waste management and disposal 2,849 31 0000 15 Site Preparation/ Earthwork 3,366,992 16 Temp Dewatering 12,387 31 50 10 17 Earth Shores & Underpin 1,711,799 312500 19 Erosion Control 34,166 32 12 16 20 Asphaltic Paving 15,207 03 33 13 23 Site Walls 140,265 3341 00 30 Drainage 234,947 0661 00 32 Wrought Iron / RFP Fencing 23,596 0337 13 37 Gunite & Shotcrete incl in earth shoring 0711 16 50 Waterproofing 363,795 01 3233 109 Time Lapse Photography 4,627 END CSI LIS' 116 End Csi Listing ""Fnd Of Summary- Do Not Erase"— SUBTOTAL 6,228,309 XTR-01000-P 117 Construction Contingency 8.00% 498,265 Total Estimate 6,726,574 PAGE 1 u O O c 0 o c ooc v u c u 0 o c O O C E E E s O O C M M 1� ,71 W 1IEI 9 c ■ L 0 b s I d � U i c o +. 0 U cp I F- L U I m 3 oo { d 0 a F 6 7C Io � u E d to G O 65 V 1 EF I Q Q N (y p >= G L d 1 L Q L u 9 :7 0 F7iFllom pC o c r r o c o c O c o c .n c M Y r O c O C U i N i O c M c �c a 0 Ln 2 \ L u J / 0 � {06 \\ ) ,Aaee F e 0 \CO\ LU\N /} 2 - )g // E;! ,X 00 2 ] ) z e §) £ § \ 0 $ \ § § \ ƒ\ \\ 2 \ L u 0 � {06 \\ \ca .0 ,Aaee F - 0 \CO\ /} )g // E;! ,X 00 _ r )] - e -%- �\ 2 \ L u 0 � {06 \ca .0 ,Aaee F - 0 Exhibit "A" April 21, 2010 PROFESSIONAL SERVICES RATE SCHEDULE - 7/1/08 to 7/1/09 7/2/09 to 7/1/10 712/10 to 7/1111 7/2/11 to 7/1/12 ge • • 11111 e11• • ACCOUNTING - Regular Time 59.80 63.39 67.19 71.22 ACCOUNTING - Overtime Time 86.71 91.91 97.43 103.27 ASSISTANT ESTIMATOR 70.20 74.41 78.88 8361 ASSISTANT PROJECT MANAGER 83.20 88.19 93.48 99,09 ASSISTANT SUPERINTENDENT 78.00 82.68 87.64 92.90 BIM MANAGER 97.50 103.35 109.55 116.12 CARPENTER - Regular Time 61.23 64.90 68.80 72.93 CARPENTER - Overtime 84.18 89.23 94,58 100.26 CARPENTER - Premium Time 108.66 1 15,18 122.09 129.42 CARPENTER FOREMAN - Regular Time 64.78 68.67 72.79 77.15 CARPENTER FOREMAN - Overtime 89.87 95.26 100.98 107.04 CARPENTER FOREMAN - Premium Time 114.52 121.39 128.67 136.40 CHIEF ESTIMATOR 193.70 205.32 217.64 230.70 CLERICAL - Regular Time 62.40 66.14 70.11 74.32 CLERICAL - Over imeTime 81.12 85.99 91.15 96.62 CONSTRUCTABLITY REVIEWER 104.00 110.24 116.85 123.87 ESTIMATOR / COST ENGINEER 101.40 107.48 113.93 120.77 FIELD SUPERINTENDENT 110.50 117.13 124.16 131.61 GENERAL SUPERINTENDENT 189.80 201.19 213,26 226.05 IT SUPPORT 80.60 85.44 90.56 96.00 LABORER - Regular Time 48.93 51.87 54.98 58.28 LABORER -Overtime 64.98 68.88 73.01 77.39 LABORER - Premium Time 81.26 86.14 91.30 96.78 LABORER FOREMAN - Regular Time 51.77 54.88 58.17 61.66 LABORER FOREMAN - Overtime 68.94 73.08 77.46 82.11 LABORER FOREMAN - Premium Time 73.87 78.30 83.00 87.98 PROJECT COORDINATOR - Regular Time 63.70 67.52 71.57 75.87 PROJECT COORDINATOR - Overtime 92.37 9731 103.78 110.01 PROJECT ENGINEER 75.40 79.92 84.72 89.80 PROJECT EXECUTIVE 201.50 213.59 226.41 239.99 PROJECT / PROGRAM MANAGER 131.30 139.18 14753 156.38 QUALITY CONTROL MANAGER 110.50 117.13 124.16 131.61 SAFETY MANAGER 114.40 12126 128.54 136.25 SCHEDULER 124.80 132.29 140.23 148.64 SENIOR ESTIMATOR 127.40 135.04 143.15 151.74 SENIOR PROJECT ENGINEER 78.00 82.68 87.64 92.90 SENIOR PROJECT / PROGRAM MANAGER 139.10 147.45 156.29 165.67 SENIOR SUPERINTENDENT 135.20 143.31 151.91 161.03 TRUCKING / DELIVERIES 66.30 70.28 74.49 78.96 M £;i 33% Management Patw Include all wages, workers compensation insurance torts, fringe benefits and payroll taxes, Above rates apply to standard workweek hours. Additional overdme costs will apply to houriy employees. The above rates will be charged including as increase of 6% per year in subsequent calendar years beyond tiro calendar years shown. I h bi E 0.elmburseahle expenses will be reimburxd a[ rate of rArt plus 315%. Typiai reimbursement cos¢ cons6[ of the following. Travel and subsistence, mileage, AddidorW Program M nagement Services not inclusive of this Agreement Outside Cost hnm prindm cosq postage and mail delivery charges, Permits and fess. Testing and Inspections, Payment and Performance Bonds Designation of Bid Packages The Project shall consist of the bid packages set forth in this Exhibit E. Each package shall be procured in accordance with Section 2.3. The CM, by signing this designation, certifies that bid packages set forth below constitute the Project as described in Section 1.3. Use additional sheets if needed. Bid Package No. Description of Bid Package % of Project Construction Manager Authorized Signature/Title City of Newport Beach -36- DRAFT Construction Management at Risk Contract Exhibit 8 Non -Collusion Affidavit State of California } ) ss. County of ) , being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Construction Manager Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of 2010 by , 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. [SEAL] Notary Public My Commission Expires: City of Newport Beach -37- DRAFT Construction Management at Risk Contract Exhibit D e:u 3rd. Designation of Sureties Construction Manager: Provide the names, addresses, and phone numbers for all brokers and sureties from whom the Construction Manager intends to procure insurance and bonds (list by insurance/bond type): City of Newport Beach -38- DRAFT Construction Management at Risk Contract Exhibit D EXHIBIT E Construction Manager's Industrial Safety Record Construction Manager: 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. City of Newport Beach -39- DRAFT Construction Management at Risk Contract Exhibit E Current Record Record Record Record Record Total Year of for for for for for Record 2009 2008 2007 2006 2005 2010 No. of contracts Total dollar Amount of Contracts (in Thousands of $) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to 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. City of Newport Beach -39- DRAFT Construction Management at Risk Contract Exhibit E FW 411lii Faithful Performance Bond The premium charges on this Bond is $ being at the rate of $ thousand of the [insert applicable price]. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal", a contract for construction of [Insert name of Project), Contract No. XXXX 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. XXXX and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and , 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 (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United States of America, said sum being [equal to 100% of the cost of construction for the Project]; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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. City of Newport Beach -40- DRAFT Construction Management at Risk Contract Exhibit F 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 day of , 20% Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature(Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED City of Newport Beach -41- DRAFT Construction Management at Risk Contract Exhibit F State of California County of ACKNOWLEDGMENT } ss. before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be t subscribed to the within instrument and acknowledged to same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. Notary who he person(s) whose name(s) is/are me that he/she/they executed the his/her/their signatures(s) on the the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of }ss. SEAL before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEAL City of Newport Beach -42- DRAFT Construction Management at Risk Contract Exhibit F EXHIBIT G Labor and Materials Payment Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of [insert name of project], Contract No. XXXX 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. XXXX 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, 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 (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United States of America, said sum being equal to [equal to 100% of the cost of construction for the Project]; forwhich payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 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. City of Newport Beach -43- DRAFT Construction Management at Risk Contract Exhibit G 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 day of , 20% Name of Contractor (Principal) Name of Surety Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF City of Newport Beach Construction Management at Risk Contract Authorized Signature/Title Authorized Agent Signature Name and Title AND SURETY MUST BE ATTACHED -44- DRAFT Exhibit G State of California County of ) ss. before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be t subscribed to the within instrument and acknowledged to same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. Notary who he person(s) whose name(s) is/are me that he/she/they executed the his/her/their signatures(s) on the the person(s) acted, executed the 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. SEAL Signature State of California County of ) ss. before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL City of Newport Beach -45- DRAFT Construction Management at Risk Contract Exhibit G Page I of 14 EXHIBIT H CK Driver BUILDERS SINCE 1919 LICENSE NO. 102 Master Subcontract Agreement 101 No. (MSA #6) This Master Subcontract Agreement (the "Agreement') is executed this «00» day of <<Month>>, 20<<Yr>> between C.W. Driver, Inc., a California corporation dba C. W. Driver, (the "Contractor") and <<Company Name>>, (the "Subcontractor"). INTRODUCTION Contractor and Subcontractor agree as follows: A. That Contractor and Subcontractor wish to enter into this Master Subcontract Agreement to facilitate future projects in which Contractor may choose to retain Subcontractor to provide materials and perform services. The scope of work and other project specific terms and conditions (collectively, the "Subcontract Work") shall be set forth in a work order ("Work Order") for each specific project. B. That Contractor may employ Subcontractor from time to time on various constructions projects, as determined by Contractor in its sole discretion pursuant to Work Orders to be executed in connection with each such project. C. That this Agreement shall apply to all future subcontract work to be provided by Subcontractor on any project pursuant to such Work Orders, provided that the terms of this Agreement may be modified by a subsequent written Work Order signed by both parties varying the terms of this Agreement and only as to the particular Work Order. D. That this Agreement shall be construed in its broadest terms, such that all provisions of this Agreement shall be given full effect to the extent possible in light of the specific terms of any subsequent Work Orders) and work order revisions. E. That the terms of this Agreement shall be deemed incorporated by reference with respect to any future construction project pursuant to which Contractor may employ Subcontractor under a Work Order, and for which Contractor has entered into, or will enter into, a Prime Contract as defined in Paragraph 1. 1. ARTICLE 1: THE SUBCONTRACT DOCUMENTS 1.1 As to any future project in which Contractor employs Subcontractor, the Subcontract Documents (as may be referenced in this Agreement or in any other Agreement or document) shall consist of (1) this Agreement; (2) the "Prime Contract', consisting of the Prime Contract documents as defined therein which may include, by way of example, a form of agreement between the Owner and Contractor and the other Contract Documents enumerated therein, including, as applicable, the conditions of the contract (general, special, supplementary and other conditions), drawings/plans, specifications and addenda effective as of the execution of the Prime Contract, together with addenda or modifications issued subsequent to the execution of the Prime Contract, whether in existence before or after the execution of this Agreement; and (3) the Work Order and any documents incorporated therein, These documents form the Subcontract and are fully a part of the Subcontract as if attached to this Agreement or repeated herein. As to each project that Contractor employs Subcontractor, the Subcontract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representation or agreements, either written or oral. In the event of any conflict, inconsistency, or ambiguity between or among this ,agreement, any Work Order, or any amendment or modification to such Work Order, the terms of the most recently issued of the documents shall take precedence. CWD Initials Subcontractor Initials Page 2 of 14 No. (MSA #) 1.2 Subcontractor shall be furnished copies of the Subcontract and all incorporated documents upon request, but Contractor may charge Subcontractor for the cost of reproduction and shipping thereof. ARTICLE 2: MUTUAL RIGHTS AND RESPONSIBILITIES 2.1 Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and the Prime Contract to the extent that provisions of the Prime Contract apply to the Subcontract Work.. Contractor shall have benefits of all rights, remedies and redress against Subcontractor that the Owner, under Prime Contract, has against Contractor. Where provisions of the Prime Contract are inconsistent with provisions of this Agreement, the more stringent of the two shall govern. 2.2 Contractor may require Subcontractor to include provisions in its agreements with subcontractors or suppliers of any tier performing portions of the Subcontract Work under each Work Order by which Subcontractor and its subcontractor are mutually bound, to the extent of the Work to be performed by sub -subcontractors or supplier, assuming toward each other all obligations and responsibilities that Contractor and Subcontractor assume toward each other and having the benefits of all rights, remedies and redress each against the other that Contractor and Subcontractor have by virtue of the provisions of this Agreement. No second tier subcontracts shall be assigned by Contractor to Subcontractor without Subcontractor's knowledge and consent to the assignment. Subcontractor's acceptance of such assignment shall not be unreasonably withheld. ARTICLE 3: CONTRACTOR 3.1 Services Provided by Contractor 3.1.1 To the extent such matters are within the reasonable control of Contractor, Contractor shall cooperate with Subcontractor in scheduling and performing Contractors Work to avoid conflict with or interference in the Subcontract Work and shall provide written responses to submittals made by Subcontractor within a reasonable time. As soon as practicable after execution of a Work Order, Contractor shall provide Subcontractor with copies of Contractor's construction schedule of submittals, together with such additional scheduling details as will enable Subcontractor to plan and perform the Subcontract Work properly. Subcontractor shall be notified of subsequent changes in the construction and submittal schedules, and additional scheduling details. 3.1.2 Where reasonably practicable, as determined by Contractor on a project -by -project basis, Contractor shall provide suitable areas for storage of Subcontractor's material and equipment during the course of its performance of the Subcontract Work but Contractor shall not responsible for the security of tools, equipment, materials stored and other property stored, or any of Subcontractor's work in progress, all of which the Subcontractor is responsible for. 3.1.3 Subcontractor shall be solely responsible to protect Subcontractors tools, equipment and materials and all of the Subcontract Work in progress. Subcontractor shall remain responsible for all Subcontract Work in progress until the Subcontract Work (or relevant portions thereof) are accepted in writing by Contractor. 3.1.4 Except as permitted by Contractor in writing, Contractor's equipment will not be available to Subcontractor. 3.1.5 If the Contractor accepts delivery on behalf of the Subcontractor of any of the Subcontractor's materials, supplies or equlpment, whether or not the Subcontractor is absent from the site, the Contractor will not be liable for any deficiency or defect in quality, quantity or content of what was delivered. 3.2 Communications CWD Initials — Subcontractor Initials Page 3 of 14 No. (MSA #) 3.2.1 Contractor shall make available to Subcontractor information that materially affects each Work Order, including information that becomes available to Contractor subsequent to execution of each Work Order under this Agreement. - 3.2.2 Contractor shall not give instructions or orders directly to employees or workmen of Subcontractor, except to persons designated as authorized representatives of Subcontractors - 3.2.3 Contractor, not the Subcontractor, shall have all direct communication with the Owner, Design Architect, Executive Architect, or any other design consultant, including but not limited to civil, structural, mechanical, electrical and plumbing engineering consultant - 3.3 Claims 3.3.1 Liquidated damages for delay, if provided for in the Work Order, shall be assessed against Subcontractor to the extent caused by, or contributed to by Subcontractor, Subcontractor's employees and agents, sub -subcontractors, suppliers or any person or entity for whose act Subcontractor may be liable. 3.3.2 Actual damages for delay shall be assessed against Subcontractor only to the extent caused or contributed to by Subcontractor, Subcontractor's employees and agents, sub -subcontractors, suppliers or any person or entity for whose act Subcontractor may be liable. 3.3.3 No claims for additional compensation or damages for delays, whether caused in whole or in part by any conduct on the part of Contractor, including, but not limited to, conduct amounting to a breach of this Agreement, or delays by other subcontractors or Owner, shall be recoverable from Contractor, and the extension of time for completion as provided in Section 3.3.4 shall be the sole remedy available to Subcontractor; provided, however, that in the event Contractor obtains additional compensation from Owner on account of delays for which Subcontractor has made a claim pursuant to this Section 3.3.3, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under the circumstances. In the event that Contractor prosecutes a claim against Owner for additional compensation for any delay which includes a pass-through delay claim by Subcontractor, Subcontractor shall cooperate fully with Contractor in the prosecutionthereof and shall pay costs and expenses incurred in connection therewith. 3.3.4 Should Subcontractor be delayed in the prosecution or completion of critical path Subcontract Work by the act, neglect or default of Owner, Architect or Contractor, or should Subcontractor be delayed waiting for materials, if required by this Contract to be furnished by Owner or Contractor, or by damage caused by fire or other casualty for which Subcontractor is not responsible, or by the combined action of the workmen, in no way caused by, contributed to, or resulting from fault or collusion on the part of Subcontractor, or in the event of a lock -out by Contractor, then the time herein fixed for the completion of the Subcontract Work shall be extended the number of days that Subcontractor has thus been delayed, but no allowance or extension shall be made unless a claim therefore is presented in writing to Contractor within 48 hours of the commencement of such delay, and under no circumstances shall the time of completion be extended to a date which will prevent Contractor from completing the entire project within the time allowed Contractor by Owner for such completion. 3.4 Contractor's Remedies If Subcontractor defaults or neglects to carry out the Subcontract Work in accordance with this Agreement and/or any Work Order and fails within 48 hours after receipt of written notice from Contractor to commence and continue correction of such default or neglect with diligence and promptness, Contractor may, without prejudice to any other remedy Contractor may have, retain others to carry out the Subcontract Work or to make good such deficiencies, as the case may be. Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, and any other damages, liabilities or CWD Initials — Subcontractor Initials Page 4 of 14 No. (MSA #) expenses recoverable under applicable law, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor's default Contractor may deduct all associated costs thereof from the payments then and thereafter due Subcontractor. ARTICLE 4: SUBCONTRACTOR 4.1 Execution and Progress of the Work 4.1.1 Subcontractor shall cooperate with Contractor in scheduling and performing the Subcontracts Work so as to avoid conflict, delay in or interference with the remaining Prime Contract work of Contractor, other subcontractors, or the work of the Owner's own forces or Owner's separate contractors. Under each Work Order, Subcontractor shall, (I) provide Contractor with scheduling information and a proposed schedule for performance of the Subcontract Work in a form acceptable to Contractor, (2) conform to Contractor's progress schedules and all revisions or changes made thereto, (3) prosecute the Subcontract Work in a prompt and diligent manner in accordance with Contractor's progress schedules without delaying or hindering Contractor's work or the work of other contractors or subcontractors, (4) coordinate the Subcontract Work with that of all other contractors, subcontractors, suppliers andfor materialmen of the Contractor, in a manner that will facilitate the efficient completion of the entire work and (5) in the event Subcontractor fails to maintain its part of the Contractor's schedule, it shall, without additional compensation, accelerate the work as Contractor may direct until the Subcontractor's Work is compliant with such schedule. 4.1.2 Contractor shall have complete control of the premises on which the work for each Work Order is to be performed and shall have the right to decide the time and order in which various portions of the work shall be installed and the relative priority of the Subcontract Work withthe work of other subcontractors, and, in general, all other matters pertaining to the timely and orderly conduct of the work of all subcontractors on the project job site. 4.1.3 Subcontractor shall pay for, prepare and promptly submit all shop drawings, product data, samples and similar submittals required by the Subcontract after receipt of notice to proceed under the Work Order. Subcontractor shall furnish all as -built drawings, operations manuals and warranties related to his trade within the time frame defined in the Prime Contract. Delivery of such as -built drawings, operations manuals and warranties shall be a condition precedent to final payment. 4.1.4 Subcontractor shall submit to Contractor in no more than seven (7) days after receipt of Work Order, a schedule of values (the Schedule of Values") allocated to the various parts of the Subcontract Work, aggregating the Subcontract Sum, as set forth in the Work Order, made out in such detail as Contractor or the Owner may reasonably require, and supported by such evidence as Contractor may direct. in applying for payment, Subcontractor shall submit statements based upon the Schedule of Values approved by Contractor. 4A.S Subcontractor shall furnish to Contractor periodic progress reports on the Subcontract Work as reasonably specified by Contractor, including information on the status of material and equipment that may be in the course of preparation or manufacture. 4.1.6 Subcontractor agrees that the Contractor, Owner, Architect, and other Design Consultants, will have the authority to reject work that does not conform to the Prime Contract documents or the Subcontract documents. The Architects' or other Design Consultants' decision on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 4.1.7 Subcontractor shall pay for materials, equipment and labor used in connection with the performance of the Subcontract Work through the period covered by each progress payment received from Contractor, and shall furnish satisfactory evidence to verify compliance with the above requirements. CWD Initials _ Subcontractor Initials Page 5 of 14 No. (MSA #) 4.1.8 Subcontractor shall take necessary precautions to protect properly the work of other subcontractors from damage caused by operations under each Work Order. Failure to provide such protection will obligate the Subcontractor to pay the cost of any damage to work by others. 4.1.9 Subcontractor shall cooperate with Contractor, other subcontractors and the Owners' own forces whose work might interfere with the Subcontract Work. Subcontractor shall participate in the preparation of coordinated drawing in areas of congestion, specifically noting and advising Contractor of potential conflicts between the Subcontract Work and the work of Contractor, other subcontractors or the Owner's own forces. 4.1.10 Whenever the Subcontractor is performing work on the site, the Subcontractor shall submit daily reports to the Contractor, no later than 9:00 a.m., indicating the number of personnel working on the site that day, along with a description of activities, locations and equipment used in the conduct of the work. 4.1.1 1 The Subcontractor shall employ labor satisfactory to the Contractor. Subcontractor shall remove or cause to have removed from the project any employee or employees considered unsatisfactory by the Contractor. 4.2 Laws, Permits, Fees and Notices 4.2.1 Subcontractor shall give notices and comply with laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Subcontract Work. Subcontractor shall secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of Subcontractor's Work under each Work Order, the furnishing of which is required of Contractor by the Prime Contract. 4.2.2 Subcontractors shall comply with federal, state and local tax laws, labor laws, social security acts, unemployment compensation acts and workers compensation acts insofar as applicable to the performance of each Work Order. 4.3 Safety Precautions and Procedures 4.3.1 Subcontractor shall take reasonable safety precautions with respect to performance of each Work Order, shall comply with safety measures initiated by Contractor and with applicable laws, ordinances, rules, regulations and order of public authorities for the safety of persons or property in accordance with the requirements of the Prime Contract. Subcontractor shall report to Contractor immediately any injury to an employee or agent of Subcontractor that occurred at the jobsite. 4.3.2 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by Subcontractor or its subcontractors of any tier, or by anyone directly or indirectly employed by them, Subcontractor shall, prior to exposure of any employees on the site to such a substance, give written notice of the chemical composition thereof to Contractor in sufficient detail and time to permit compliance with such laws by Contractor, other subcontractors and other employees on site. Subcontractor shall defend, indemnify and hold harmless Contractor for all expenses, costs and liability incurred by Contractor, the Owner, other subcontractor and other parties, resulting from Subcontractor's use, disposal of, or other disposition of any hazardous material at the jobsite. 4.3.3 If Subcontractor encounters material on the site reasonably believed to be asbestos, lead, polychlorinated biphenyl (PCB) or other hazardous material or wastes that have not been rendered harmless, Subcontractor shall immediately stop work in the area affected and report the condition to Contractor in writing. The work in the affected area shall resume only after abatement and removal of the asbestos, lead, polychlorinated biphenyl (PCB) or other hazardous material or wastes, or when it has been rendered harmless, and a licensed industrial hygienist has furnished written certification that the area is safe. 4.3.4 Subcontractor shall comply with all safety and security rules and regulations established by the Owner and/or Contractor. CWD Initials — Subcontractor Initials Page 6 of 14 No. (MSA #) 4.3.5 Subcontractor and/or the employees of the Subcontractor specified by Contractor shall attend all safety meetings designed by Contractor, which typically will be convened on a weekly basis. 4.3.6 Subcontractors shall provide the Contractor proof of compliance with CA Safety law SB -198 I and OSHA requirements. A copy of the Subcontractor's Injury and Illness Prevention Program shall be furnished to the Contractor prior to beginning work. 4.4 Cleaning Up 4.4.1 Subcontractor shall clean up the work site daily and shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Agreement and each Work Order issued hereunder. Subcontractor shall not be held responsible for unclean conditions caused by other Contractors or Subcontractors. 4.5 Warranty 4.5.1 Subcontractor warrants to the Owner and Contractor that materials and equipment furnished under each Work Order will be of good quality and new, unless otherwise required or permitted by the Subcontract documents, that the Subcontract Work will be free from defects not inherent in the quality required or permitted and free from hazardous materials or components and that the Work will conform with the requirements of the Subcontract. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Subcontractor shall provide warranties and maintenance stock in accordance with Subcontractor's specific trade sections; Division I or Work Order requirements. The more stringent requirement shall take precedence. 4.5.2 The warranty period shall begin upon Owner's final acceptance of the Prime Contract work, or receipt of "Certificate of Occupancy", whichever is later, not at completion of the Subcontract Work. Unless stated otherwise the warranty period shall be one (1) year. 4.5.3 Subcontractor is also responsible for the costs of repairs/replacement of all other adjacent and/or related work that is damaged directly or indirectly by defective work done in conjunction with all Work Orders. These requirements shall survive the final payment of all Work Orders and any contrary language on the Subcontractors warranty form shall be deemed null and void. 4.6 Indemnification 4.6.1 To the fullest extent permitted by law, Subcontractor shall defend, indemnify and hold harmless the Owner, Contractor, Architect, or Design Consultant, or any of their respective consultants, agents, officers, directors and employees of any of them from and against claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of, relating to or resulting from performance of the Subcontract Work by Subcontractor, Subcontractor's sub -contractors of any tier, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity that would otherwise exist as to a patty or person described in this Paragraph 4.6.1 Not withstanding the foregoing, if the Prime Contract contains a broader, or more stringent, indemnity obligation than that contained in this section, 4.6.1, then the more broad or stringent indemnification shall apply to the subcontract 4.6.2 The obligations of Subcontractors under this Paragraph shall not extend to the liability of the Architect, or other Design Consultant, or their respective consultants, agents and employees of any of them arising out of: (1) their preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or CWD Initials Subcontractor Initials Page 7 of 14 No. (MSA #) (2) the giving of or the failure to give directions or instructions by the Architect, or other Design Consultant, or their respective consultants and agents and employees of any of them, provided such giving or failure is the primary cause of the injury or damage. 4.6.3 To the fullest extent permitted by law, Subcontractor shall defend, indemnify and hold harmless the Owner, Contractor, Architect, or other Design Consultant, or any of their respective consultants, agents and employees of any of them from and against claims, damages, losses and expense, including, but not limited to, attorney's fees, arising out of or resulting from mechanic's liens or stop notices filed by Subcontractor, Subcontractor's sub- contractors (of any tier), anyone directly or indirectly employed by them or suppliers, which arise due to Subcontractor's failure to make payments due to such claimant. ARTICLE 5: CHANGES IN THE WORK S.1 The Owner may make changes in the Work by issuing modifications to the Prime Contract. Upon receipt of such a modification issued subsequent to the execution of each Work Order, Contractor shall promptly notify Subcontractor of the modification to the extent it affects the Subcontract Work. Unless otherwise directed by Contractor, Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by such modifications. 5.2 With respect to each project Subcontractor may be ordered in writing by Contractor, without invalidating this Agreement or any Work Order issued hereunder, to make changes in the Subcontract Work within the general scope of each Work Order consisting of additions, deletions or other revisions, including those required by modifications to the Prime Contract issued subsequent to the execution of this Agreement and each Work Order. Subcontractor, prior to the commencement of such changed or revised Work, shall, if affected thereby, submit promptly to Contractor a written request for adjustment to the Subcontract Sum and Subcontract Time for such a revised work in a manner consistent with requirements of the Subcontract Documents. S.3 In the event Contractor and Subcontractor cannot agree on the value of or time extension due as a result of a change to the Subcontract Work, Subcontractor shall proceed with and timely prosecute the change as directed in writing by Contractor. Once Subcontractor receives Contractors written direction, Subcontractor is solely responsible for timely performance of the Subcontract Work as modified by the written direction, the dispute to be submitted for resolution in accordance with Article 6. ARTICLE 6: ARBITRATION 6.1 Any controversy or claim between Contractor and Subcontractor arising out of or related to this Agreement, or to any Work Order or the breach thereof, shall be resolved by arbitration which shall be conducted in the same manner and under the same procedure as provided in the Prime Contract with respect to claims between the Owner and Contractor, except that a decision by the Architect, or other Design Consultant (if applicable), shall not be a condition precedent to arbitration. If the Prime Contract does not provide for arbitration or fails to specify the manner and procedure for arbitration, disputes under this Subcontract shall be resolved in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. The arbitration proceedings shall be in the county where the project is located, unless the parties mutually agree otherwise. 6.2 Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to this Agreement or any Work Order shall include, by consolidation or joinder or in any other manner, any person or entity not a party to this Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such a person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial. This Agreement to arbitrate and any other written agreement to CWD Initials — Subcontractor Initials Page 8 of 14 No. (MSA #) arbitrate with an additional person or persons referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 6.3 Contractor shall give Subcontractor prompt written notice of any demand received or made by Contractor for arbitration if the dispute involves or relates to the Subcontract Work. Contractor shall consent to inclusion of Subcontractor in an arbitration proceeding whether by joinder, consolidation or otherwise, if Subcontractor requests in writing to be included within ten (10) days after receipt of Contractor's notice. 6.4 The award rendered by the arbitrator or arbitrators shall be final, and judgments may be entered upon it in accordance with applicable law or in any court having jurisdiction thereof. 6.5 This Article 6 shall not be deemed a limitation of rights or remedies that Contractor or Subcontractor may have under federal law, under states mechanics' lien laws or under applicable labor or material payment bonds unless such rights or remedies are waived by the Subcontractor. ARTICLE 7: TERMINATION, SUSPENSION OR ASSIGNMENT OF THE SUBCONTRACT 7.1 Termination by Contractor; Other Assurances 7.1.1 If Subcontractor fails or neglects to carry out the Subcontract Work in accordance with the Subcontract documents or otherwise to perform in accordance with this Agreement or any Work Order issued hereunder and fails within forty-eight (48) hours after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may without prejudice to any other remedy Contractor may have, terminate the Subcontract and finish Subcontractor's Work by whatever method Contractor may deem expedient. If the unpaid balance of the balance of the Subcontract Sum for the Subcontract Work actually completed by Subcontractor exceeds all direct and associated expenses incurred by Contractor in finishing Subcontractor's Work, such excess shall be paid to Subcontractor, but if such expenses exceed such unpaid balance, Subcontractor shall promptly pay the difference to Contractor. 7.1.2 Notwithstanding other provisions in this Agreement or in any Work Order, Contractor reserves the right to require that on any project for which Subcontractor is employed, Contractor may require Subcontractor to provide Contractor with additional assurances as to Subcontractor's performance under any Work Order. Such additional assurances may include, without limitation, providing of additional guarantees by financially responsible parties, posting of additional performance bonds, providing updated financial information, posting collateral, distribution of funds through joint check, increased retention and providing proof of payment as to Subcontractor's employees, sub -subcontractors, material and equipment suppliers, and other creditors. Failure of Subcontractor to comply promptly with Contractor's request for additional assurances shall constitute a material breach of this Agreement and each Work Order issued hereunder. 7.1.3 Contractor may at any time and for any reason terminate Subcontractor's services and work at Contractor's convenience. Cancellation shall be by service of written notice to Subcontractor's place of business. 7.1.3.1 Upon receipt of such notice, Subcontractor shall, unless the notice directs otherwise, (1) immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of the Subcontract Work, (2) make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to Contractor or, at the option of Contractor, give Contractor the right to assume those obligations directly, including all benefits to be derived there from. Subcontractor shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site or in transit thereto. CWD Initials — Subcontractor Initials Page 9 of 14 No. (MSA #) 7.1.3.2 Upon such termination, Subcontractor shall be entitled to payment in accordance with Article I I only as follows: (1) the actual cost of the Subcontract Work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Subcontractor as are permitted by the prime contract and approved by Owner; plus (3) fifteen percent (IS%) of the cost of the work referred to in item (1) above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Subcontractor prior to the date of the termination of this Agreement. In no event shall payment due hereunder exceed the amount due for approved units of work or percentage of completion. Subcontractor shall not be entitled to any claim or claim of lien against Contractor or Owner for any additional compensation or damages in the event of such termination and payment. 7.2 Assignment of the Subcontract 7.2.1 In the event of termination of the Prime Contract by the Owner, Contractor may assign the Work Order issued under this Agreement to the Owner, with the Owner's Agreement, subject to the provisions of the Prime Contract. 7.2.2 Subcontractor shall not assign the Work of this Agreement or any Work Order issued hereunder without the written consent of Contractor, nor subcontract the whole of the Subcontract Work without written consent of Contractor, which consent may be granted in Contractor's sole and absolute discretion. ARTICLE 8: THE WORK OF THIS SUBCONTRACT 8.1 With respect to each project, Subcontractor shall execute the Subcontract Work described in the Subcontract documents and each Work Order, including all labor, materials, equipment, services and other items required to complete such portion of the Work except to the extent specifically indicated in the Subcontract Documents and each Work Order to be the responsibility of others. 8.2 In the event of any dispute between Contractor and Subcontractor over the scope of Subcontractor's work under the Contract Documents, Subcontractor will not stop work but will prosecute the work diligently to completion, and the dispute may be submitted for resolution in accordance with Article 6. ARTICLE 9: DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 9.1 Subcontractor's date of commencement is the date from which the contract time defined in the Work Order is measured. The date of commencement shall be identified in each Work Order; if no date is stated in the Work Order then the date of commencement shall be the date of this Agreement, as first written above. 9.2 The Work under each Work Order shall be substantially completed not later than the date or dates indicated in the Work Order of the specific project, subject to adjustments of the Subcontract Time as provided in the Subcontract documents. If the Subcontractor fails to complete the Work or any portion thereof on schedule, Subcontractor shall be liable to Contractor for resulting damages, expenses and costs. 9.3 Time is of the essence of this Agreement and each Work Order issued hereunder. 9.4 No extension of time will be valid without contractors written consent after claim made by Subcontractor in accordance with Paragraphs 3.3.3, 3.3.4 and 5.2. CWD Initials — Subcontractor Initials Page 10 of 14 ARTICLE 10: SUBCONTRACT SUM No. (MSA #) 10. I With respect to each project, Contractor shall pay Subcontractor for performance of Subcontractor the Subcontract Sum as specified in the Work Order, subject to additions and deductions as provided in the Subcontract Documents. ARTICLE 11: PROGRESS PAYMENTS I.1 Based upon application for payment submitted to Contractor by Subcontractor on C.W. DRIVER Invoice form, corresponding to the Applications for Payment submitted by Contractor to the Owner, Architect or other Design Consultant, and Certificates for Payment issued by the Owner, Architect, or other Design Consultant, Contractor shall make progress payments on account of the Subcontract Sum to Subcontractor as provided below and elsewhere in the Subcontract documents and the Work Order. 11.2 Except as specifically provided differently in the Work Order or in the respective Prime Contract, the period covered by each application for payment shall be one calendar month ending on the last day of the month, or as follows: (1) Payments will be made monthly on progress estimates as approved by Contractor covering ninety percent (90%) of the value of the Subcontract Work completed by Subcontractor to the end of the previous month, such payment shall be made ten (10) working days after Contractor receives payment for such Work from the Owner; (2) Payment of the balance of ten percent (10%) owing under each Work Order shall be made within ten (10) working days after payment has been received by Contractor; (3) If Contractor makes payment to Subcontractor by the tenth (10') of the month following application for payment a two percent (2%) discount will be applied should Subcontractor request and C.W. DRIVER agree to the early payment; (4) Provided that notwithstanding the foregoing, no progress payment or final payment shall be due or payable until Subcontractor furnishes Contractor with Statutory Lien Releases showing (a) in the case of a progress payment, that all accounts incurred by Subcontractor in the performance of this Agreement and each Work Order issued hereunder up to the end of the previous months have been paid, and (b) in the case of a final payment that all accounts incurred by Subcontractor in the performance of each Work Order have been paid, or stating the particulars of any accounts still remain unpaid; (5) Subcontractor hereby authorizes Contractor to pay any unpaid accounts out of monies otherwise owed to Subcontractor; the amount of any account in dispute or any account not disclosed by Subcontractor but of which Contractor has knowledge may be retained by Contractor pending determination of the matter; and (6) Performance by Subcontractor in accordance with the requirements of the Subcontract Documents shall be a condition precedent to the Contractor's obligation to make any payments to Subcontractor. Subcontractor shall submit all "Conditional Releases" as a condition precedent to progress payment and provide "Unconditional Waivers and Releases Upon Progress Payment" within one (1) week of progress payment from Contractor. These releases are to be on C.W. DRIVER forms. Subcontractor shall also submit as precedent to progress payment evidence that contributions to all relevant Union Trust Funds are not delinquent. 11.3 Substantial Completion 11.3.1 When Subcontract Work or a designated portion thereof is substantially complete and in accordance with the requirements of the Work Order and the Prime Contract, Contractor shall, upon application by Subcontractor, make prompt application for payment for such Work (subject in every case to the right of Contractor to retain such additional amounts to pay for claims under any mechanic's liens or other claims). Within ten (10) days following receipt of payment covering such substantially completed Work, Contractor shall, to the full extent allowed in the Prime Contract, make payment to Subcontractor, deducting any portion of the funds for Subcontractor's Work withheld in accordance with the Certificate for Payment issued by the Owner, Architect or other Design Consultant to cover costs of items to be completed or corrected by Subcontractor. Such payments to Subcontractor shall be the entire unpaid balance of the Subcontract Sum if a full release of retention Is allowed under the Prime Contract for the Subcontract Work prior to completion of the entire project. If the Prime Contract does not allow for a full release of retention, then such payments shall be an amount that, when added to the previous payment to Subcontractor, will reduce the retention on Subcontractor's substantially completed Work to the same percentage as that on Contractor's Work covered by the Certificate for Payment. CWD Initials — Subcontractor Initials Page l I of 14 ARTICLE 12: FINAL PAYMENT No. (MSA #) 12.1 With respect to each Work Order, final payment, constituting the entire unpaid balance of the Subcontract Sum, shall be made by Contractor to Subcontractor when Subcontractor's Work is fully performed in accordance with the requirements of the Contract Documents and the Architect, or other Design Consultant has issued a certificate of completion covering the whole of the Prime Contract work, unless the Owner consents to making final payment to Subcontractor at an earlier date upon completion of the Subcontract Work. 12.2 Before issuance of the final payment, Subcontractor, if required and in addition to the requirements of Section 1 1.2, shall submit evidence satisfactory to Contractor that all payrolls, bills for materials and equipment and all known indebtedness connected with Subcontractor's Work has been satisfied. ARTICLE 13: INSURANCE AND BONDS 13.1 Subcontractor shall purchase and maintain insurance in accordance with the Prime Contract and Subcontract Documents, but in all instances should be at a minimum the following types of coverage and limits of liability: 13.1.1 Prior to beginning work on Work Order, Subcontractor must provide a current Certificate of Insurance for Commercial General Liability insurance naming Contractor and Owner and such other parties as may be indentified in the Prime Contract as additional insureds, verifying a minimum of One Million Dollars ($1,000,000) per occurrence / Two Million Dollars ($2,000,000) per project aggregate from an AM Best A. VII rated company, such policy to include a waiver of subrogation endorsement and primary non-contributory clause; Automobile Liability insurance for hired, owned and non -owned vehicles in the minimum amount of One Million Dollars ($1,000,000) per occurrence and in the aggregate, and employer's liability/workers' compensation with statutory limits of coverage and including a waiver of subrogation. All such insurance policies shall be for higher limits of coverage if specified in the Work Order. No Subcontract Work may commence on any project unless and until acceptable insurance policies have been received. No "modified occurrence" general liability policies are acceptable. 13.1.2 On projects where Contractor or the Owner has provided builder's risk or similar insurance, such insurance may be subject to an amount deductible from the sums otherwise payable there under, and the burden of such deduction shall be borne by the patty responsible for the loss; or if no responsible party can be determined, by the party receiving the direct benefit of such insurance. 13.1.3 Where Subcontractor has provided a surety bond in connection with the Work, Subcontractor shall obtain the written consent of the Surety for all amendments to and increase in the amount under any Work Order as required by the Surety, and at a minimum where the aggregate increase in the value of the amount under any Work Order is greater than ten percent (10%), and shall ensure continued bonding of Subcontractor's obligations under the Subcontract Documents. When a surety bond has been provided, it is the Subcontractor's responsibility to include the additional bond premium on all appropriate change requests. 13.2 Coverage shall be maintained without interruption from the commencement of Subcontractor's Work until expiration of warranty period or any other specific contractual requirement (the later of the two shall govern). 13.3 Certificates of insurance acceptable to Contractor shall be filed with Contractor prior to commencement of Subcontractor's Work. These certificates and the Insurance policies required by this Article 13 shall contain a provision that coverage afforded under the policies will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to Contractor. If any of the foregoing insurance coverage is required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment required in Article 12. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by Subcontractor with reasonable promptness according to Subcontractor's information and belief. CV -1D Initials — Subcontractor Initials Page 12 of 14 No. (MSA #) 13.4 Contractor, if requested, shall furnish to Subcontractor satisfactory evidence of insurance required of Contractor under Prime Contract. 13.5 Contractor and Subcontractor waive all rights against (1) each other and any of their Subcontractors, sub -subcontractors, agents and employees, each of the other and (2) the Owner, the Architect, or other Design Consultant, other consultants, separate contractors, and any of their subcontractors, sub -subcontractors, agents and employees for damages caused by fire or other perils to the extent covered by property insurance provided under Prime Contract or other property insurance applicable to the work, except such rights as they may have to proceeds of such insurance held by the owner as fiduciary, Subcontractor shall require of Subcontractor's sub -subcontractors, agents and employees, by appropriate agreements, written where legally required for validity, similar waivers in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation for General liability and Workers Compensation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 13.6 Contractor shall promptly, upon request of Subcontractor, furnish a copy or permit a copy to be made of any bond covering payment of obligations arising under the Subcontract. 13.7 Subcontractor shall provide performance bonds and/or payment bonds in amounts as specifically set forth in each Work Order. ARTICLE 14: ADDITIONAL PROVISIONS 14.1 All Work Orders will include, but are not necessarily limited to, the following conditions: 14.1.1 Subcontractor shall pay all applicable taxes, including the city business tax for Subcontractor's business. 14.1.2 Contractor shall provide the general building permit; Subcontractor shall be responsible for any supplemental permits required for their trade, calling for inspection of Subcontractor's Work notifying the Contractor of all scheduled inspections, and being present for such inspections. 14.1.3 Subcontractor shall provide all scaffolding and hoisting required for the performance of the Subcontract Work. Costs for temporary removal and replacement of field obstructions to accommodate scaffolding, rigging or hoisting is the responsibility of the Subcontractor. 14.1.4 Subcontractor shall pay for all testing and inspections required for the Subcontract Work that is not specifically provided by the Owner. 14.1.5 Subcontractor shall inform the field superintendent a minimum of (3) days in advance of any deliveries to the site. 14.1.6 Subcontractor is responsible for and shall obtain OSHA permits and comply with all OSHA codes and regulations related to Subcontractors work. ARTICLE 15: MISCELLANEOUS PROVISIONS 15.1 Where reference is made in this Agreement to a provision of the Work Order or another Subcontract Document, the reference refers to that provision as amended or supplemented by other provisions of the Subcontract documents. 15.2 Each of the parties acknowledge that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that has executed the same with consent and upon CWD Initials — Subcontractor Initials Page 13 of 14 No. (MSA #) the advice of said independent counsel. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein. Accordingly, any rule of law, including, but not limited to California Civil Code Section 1654 or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it, is not applicable and is hereby expressly waived. 15.3 Each party hereto shall cooperate with the other parry and shall take such further action and shall execute and deliver such further documents as may be necessary or desirable in order to carry out the provisions and purposes of this Agreement. 15.4 Except as expressly authorized in this Agreement, neither party to this Agreement has the right to represent or hold itself out to the public as acting as an agent for the other party. Neither party to this Agreement has the right to conduct any business or enter into contracts on behalf of the other party or bind the credit of the other parry or in any way operate its business under trade names, trademarks, service marks or other business insignias of the party without the prior written consent of that party. Contractor and Subcontractor shall each serve as independent contractor as to one another and not as principal and agent as to one another. I S.S Contractor and Subcontractor each acknowledges to the other that it has the right and authority to enter into this Agreement, that the consent of no other party is necessary and it has no restrictions on entering into this Agreement. Furthermore, Contractor and Subcontractor each represent to the other that the person signing this Agreement on behalf of that party has the right and authority to enter into this Agreement on behalf of that party and that the execution of this Agreement by that party will not violate any other agreement or arrangement to which that parry is obligated. 15.6 This Agreement, together with the other Subcontract Documents referenced herein, sets forth the entire understanding of the parties with respect to the subject matter hereof, supersedes all existing oral or written agreements between them concerning such subject matter, and may be modified only by a written instrument duly executed by the parry to be charged, except as otherwise specifically provided for in this Agreement. 15.7 Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. 15.8 If any provision of this Agreement is invalid, illegal or unenforceable, the balance of this Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances. 15.9 The headings in this Agreement are solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement. 15.10 Any masculine personal pronoun shall be considered to mean the corresponding feminine or Neuter personal pronoun, and all singular nouns shall be considered to mean the plural form, and vice versa, as the context requires. 15.1 1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 15.12 This Agreement shall be governed by and construed in accordance with the laws of the State in which the work is performed. 15.13 The parties shall bear their own respective attorney's fees incurred in any arbitration proceedings brought under the Subcontract Work, regardless of the identity of the prevailing party in such proceedings. CWD Initials — Subcontractor Initials Page 14 of 14 TO CONTRACTOR: C.W. DRIVER 468 NORTH ROSEMEAD PASADENA, CA 91 107 No. (MSA #) TO SUBCONTRACTOR: <<Company Name>> <<Address>> <<City, State, Zip>> Any notice or other communication given by certified mail or other receipted delivery services shall be deemed given at the time of certification thereof, except for a notice changing a party's address which shall be deemed given at the time of receipt thereof. This Agreement is entered into as of the day and year first written above. CONTRACTOR C. W. DRIVER BY: <<Name>> «Title» Date: License Number: 102 SUBCONTRACTOR <<Company Name>> BY: Print Name: Title: Date; License Number: License Classification: CWD Initials _ Subcontractor Initials 1 O:u u Faithful Performance Bond Bond No. 08847605 The premium charges on this Bond is $88,275.00 being at the rate of $11.25 to $5.25 (graduated rate) thousand of the [insert applicable price]. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to C.W. Driver, Inc. hereinafter designated as the "Principal", a contract for construction of Newport Beach Civic Center and Park, Contract No. 4021 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. 4021 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of (Fourteen Million Five Hundred Five Thousand Six Hundred Ninety Four Dollars ($14,505,694,00) lawful money of the United States of America, said sum being [equal to 100% of the cost of construction for the Project]; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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. Bond No. 08847605 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 17u' day of May 2010 C.W. Driver, Inc. Name of Contractor (Principal) Fidelty and Deposit Company of Maryland Zurich American Insurance Company Name of Surety 801 N. Brand Blvd., Penthouse Suite Glendale, CA 91203 Address of Surety 818 409-2812 Telephone Authorized Agent Signature Nanette Mariella-Myers, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Orange ACKNOWLEDGMENT )SS' On 5/17/10 before me, Jeri Apodaca, Notary Public, personally appeared Nanette Mariella-Myers who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 Si§fi'atunil State of California County of ) SS. SEAL �JERf APODACA s Commission # 1693703 i_� M Notary Public - California �. Orange County OMy Comm. Expires Oct 12, 2010 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL Signature Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, i are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date y nominate, constitute and appoint Nanette MARIELLA-MYERS, of Irvine, California, its t mey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a d undertakings, and the execution of such bonds or undertakings in pu o ent g upon said Company, as fully and amply, to all intents and purposes, ledged by the regularly elected officers of the Company at its office in ' o .This power of attorney revokes that issued on behalf of NanetteFOE, v The said Assisant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -y, and is now in force. IN WITNESSe said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Us 13th day of April, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND On;3641��i c tiro T /�J/ _ \` !_ tj /,$,N/{/' N By: William J. Milds Yice President Eric D. Barnes Assistant Secretary State of Maryland2 ss: City of Baltimore S On this 13th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,auuu,n,r, ��OOn4tlP` Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 012-5025J ZURICH AMERICAN INSURANCE COMPANY OneLiberty.,Aka [;0th q r,i�gtY<ia3k I ,ifork�'bfad POWER OF ATTORNEY KNdW ALL MEN BY THESE PRESENTS, that the ZURICH AMERICAN INSURANCE COMPANY, a corporation created by and existing under the laws of the State of New York with its Executive Offices located in Schaumburg, Illinois, does hereby nominate, constitute and appoint Nanette Marietta -Myers, of Costa Mesa, California, its true and lawful Attorney -In -Fact with power and authority hereby conferred to sign, seal, and execute in its behalf, during the period beginning with the date of issuance of this power, Any and all bonds, undertakings, reeogn'izances or other written obligations in the nature thereof, and to bind ZURICH AMERICAN INSURANCE COMPANY thereby, and all of the acts of said Attomey[s]-an-Pati pursuant to these presser tsz re,�h rebXX f ec a,�Rd eQ � rnte�4,�TNis,Po�¢er bfAiiameyish ad , and executed ptitsual Cao sand lij+-theauthonty vfth'"�foIlow4 By=law duly adopted by the Board ofDttectors of the Company which By Lavy�bos notb nnamended,orrescinded, �ritcle i>'i; 3earoii ':"°'...The Pn"53VIEnf`i f'a'Vic'e Preside"a9 Yn a'wn n insuiimea#�attested hby'a S retary or an Assistant Secretary may appoint any person Attorney -la -Fact with authority to execute surety bonds on behalf of the Company andotherformal underwriting contracts in reference thereto and reinsurance agreements relating to individual polices and bonds of all kinds and attach the corporate seal. Any such officers may revoke the powers granted to any Attorney -In -Fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the ZURICH AMERICAN INSURANCE:COMPANY by-unaninlbus consent in lidu of aapecial kneetirig'dated December 15, 1498. , RESOLVED, that the signature of the President ,ona. Vice -President a�"Kine auestmg.signature o`f-a Secretary or an Assistant affi - - Secretary aro ihi�seaf of the Company may be'xed by facsimile on any Power of Attorney pursuant to Article-Vl, SectidnS of ,the By -Laws, and the signature of a Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power. Any such poweror any certificate thereof with such facsimile signature and said shall be valid and - binding on the Company. Furthermore, such power so executed, seated and certified by certificate so- executed and sealed shall, with respect to any bond or undertaking to which it is attached, shall continue to be -valid and binding on the Company." IN WITNESS iytiEREOP, the ZURICH AIEFIC,N',SIII3;ANCE COMPANY hascaused these presents to be executed in its, name„agd,on its behalf and its C rate�`Seal to be hereai affixed and attested its officers thereunto dul authori � by., y,r , zed,,t2F3s iPFth'tla'y ofNo'Jembar, A.D. 2lgl}. . WARNING: This Power of Attorney is printed on paper that deters unauthorized copying .or faxing. � rt�lINSy 4 ZURICH AMERICAN INSURANCE COMPANY •, i 6i,�'w, tti9a h�b=8, �, STATE OF MARYLAND l , as: � . BY: .... ..,. tt d COUNTY OF BALTIMORE T 15Smith Secr 3t4ryM. P.Ilamiii6r7i$ Vice Presldenr r Y . _ Vice Public of,,they., t ,,df.M9rylrrdif nd &io uy o _o On the 27th da of November, A D 2001 before the subscriber , -a No of Baltimore, duly Notaiy"Publiciommissiohed and qualffied;`came`the above'aametl'Vice Ptasident and Secretary of ZURICH AMERICAN RVSURANCE COMPANY; to me personally known to be the individuals and, officers described in and who executed thepteceding iustruaientand:they each acknowledged the ei:ecutiou of trip same and being by me tkuly.swom,tliey. severalty and each for himself deposed::and said'that they respectively-hold the offices in said Cotporafion as indicated, that the Seal affixed to dal preceding instrument is the Corporate Sea( of said Corporation,. and that the said Corporate Seal, and their respective signature as such officers, were duly affixed and subscribed to the said instrument pursuant to all due corporate authorization. �p - IN-WI'IN iSS WHEkEOP, I have hereunto set rriyliand” and affixe'd ray Oficial Seal the day and year ftt:aboye. This Power of Attorney limits the acts of those named thereinto the bonds and undertaking specifically named therein, and they have no authorityto bind the Company exceptin the manner and to the extent herein stated. CERTIFICATE I, the underst ?ed, a.S&cretary of il2,e ZURICH AMERICAN INSURANCE COMPANY, do hereby certify that tlxe„fmtegotng Power of Attorney rs sit"iI m futE force'and effect, and further cemiy that Article V; Section S,gf 1he�-L.aft of the C monny and the Resolution; ofthe Board,ofDtraeto et o o , or 6PA,, - stir "in forr`c Nr- .. .IN 'ES"fIIvSON]' WHERE I have hereto, snbsmbad my natne and of Ixed.Ule seal ofis'aidompzity MAY 17 2010 _ t the day of xsb l996 F T. 'A Smith - Secretary 7? r "'Mryu .,POA -Z ZA Q125025A ; . ' trial Number CF2001 November2iZAU12-$025A” Bond No. 08847605 EXHIBIT G Labor and Materials Payment Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to C.W. Driver. Inc.. hereinafter designated as the "Principal," a contract for construction of Newport Beach Civic Center and Park, Contract No. 4021 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. 4021 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deoosit Comoanv of Marviand. Zurich American Insurance 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 (Fourteen Million Five Hundred Five Thousand Six Hundred Ninetv Four Dollars ($14,606,694.00) lawful money of the United States of America, said sum being equal to [equal to 100% of the cost of construction for the Project]; 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 I the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be foxed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 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. Bond No. 08847606 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. W WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17"' day of May, 2010. C.W. Driver, Inc. Name of Contractor (Principal) Fideity and Deposit Company of Maryland Zurich American Insurance Company Name of Surety 801 N. Brand Blvd., Penthouse Suite Glendale, CA 91203 Address of Surety 818 409-2812 Telephone ■ F MT,, - Y Authorized Agent Signature Y— Nanette Mariella-Myers, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Orange ) ss. On 5/17110 before me, Jeri Apodaca, Notary Public, personally appeared IN nette Mariel a Myers who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. State of California County of )ss. SEAL JERI APODACA _commission # 1693703 61MV Notary public . California Orange County Comm. Expires Oct 12, 2010 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e by nominate, constitute and appoint Nanette MARMLLA-MYERS, of Irvine, California, its at mcy-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and d undertakings, and the execution of such bonds or undertakings in p g upon said Company, as fully and amply, to all intents and purposes, a wledged by the regularly elected officers of the Company at its office in p ns. This power of attorney revokes that issued on behalf of Nanette rs v The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ' Y, and is now in force. IN WITNESS WgRYCF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of April, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND !gyp afPpy.J ' "^ o By: William J. Mills Vice President Eric D. Barnes Assistant Secretary State of Maryland as: City of Baltimore On this 13th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written. g4nn,P�� POA -F 012-5025) Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 ZU CH AER1QA�!t INSUPAWt4iO PAh Y �^ OnerLi e Pana, t)thFloo New York New,York 1OQOB" ,. ,�, ,tis .,+�•-�a'P9'NEf2raaFtiq'T`P�71Y�"" , KNOW ALL MEN BY`THESE PRESENTS, that the ZURICH AMERICAN INSURANCE COMPANY, a corporation created by and existing under the laws of the State of New York with its Executive Offices located. in Schaumburg, Illinois, does hereby nominate, constitute and appoint Nanette Marielia-Myers, of Costa Mesa, California, its true and lawful Attomeyda-Fact with power and authority hereby conferred to sign, seal, and execute in its behalf, during the period beginning with the date of issuance of this power, Any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, and to bind ZURICH, AMERICAN INSURANCE COW, NY,titereby, and all of the acts, of Said Aporric jsin-FaeL.pursuantnYo ti�es�e pA§enti hereby ratified and confirm ,�!i 7'b s P,oiver o`'ir'RAtiiorney is made and executed peirsuaYi=fo and by the authority trfthe following By Lawiuiad,'Pted�byithe,Boacii ofjb"trectiiis of the Co mpany,t{Bry.Iiaw'=has no;b{a}amendedorrdded. ecu "" 'Arncle ctton'S. ...The President or a Vice President in a written rnstmmenvmteste"d 15"19cretary or an Assistant Secretary'iitay appoint any person Attomcy-In-Fact with authority to execute surety bonds on behalf of the Company and other formal underwriting contracts in reference thereto and reinsurance agreements relating to individual polices and bonds of all kinds and attach the corporate seal. Any such officers may revoke the powers granted to any Attorney-In=Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the -ZURICH AMERICAN INSURANCE' -COMPANY by unanimous consent in lieu of a`special'meetirig dated December;35, 1948 a"=RESQLVIrI;>,.thattrie signatureoftlie President or a Vice \President and.the attests sigpanire of'a Secretary or an Assistant Secretary and the seal of the Company may be affixed by.-facsu" I ilevri any^Pdwdr'of Atiom"ey pursuant to Article VI,geatio i'5'4 the By -Laws, and the signature of a Secretary or an Assistant Secretary and the seal of the Company may he affixed by facsimile to any certificate of any such power. Any such poweror any certificate thereof with such facsimile, signature and seal shall be valid and binding on the Company. Furthermore, such power so executed, sealed and certified by eertificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, shalt continue to be valid and binding on the Company-" IN W I- DESS WAEREQF., the ZURICH AMERICAN INSURANCE COMPANY has caused these presents to be executed in its.name and on its behalf and its Corporate Seal to be hereunto affixed and attestedhy,:tts`ofiieeis"tliereunto duly authorized, this 3'7W relay af�Yovember, A.D. 2001.: _.,.. WARNING: This Power of Attorney is printed on_ Raperahat deters'una itheriiel copying or faxing,. . . S7&$ War—"^' ZURICH AMERICAN INSURANCE COMPANY Ins ,.- a STATE OF MARYLAND as: By: -"-`-' a�? y t`�, F� COUNTY OF BALTIMORE T..Sirith Secretary M. P, Hammond Vice President Ott the 27th day of November, A.D.2001,. before the,subscriber;=at+7otary Public of the State of Mar lagd*and `County of Baltimore, ,duty Noiary'Publi`c commissioned and qualified; carne the above named Vice President and Secre ary of ZURICH AMERICAN INSURANCE COMPANY; to me personally known to be the individuals and officers described in and. who executed the preceding instrument and they each acknowledged the'execution of the same and being by me duly sworn, theyseverally and each for himself deposed and said that they respectively hold the offices in said Corporation as indicated, that the Seal affixed to the preceding instrument is the Corporate Seal of said Corporation, and that the said Corporate Seal, and their respective signature as such officers, were duly affixed and subscribed to the said instrument pursuant to all due corporate authorization. IN WITNESS V ktklbt I have hereunto setrny hand and affixed -my Official Seal the day and year first above. Caro13. Fader IJoraryPubtic My,Comm iasion Expires: Augustj,2904 This Power of Attorney limits the acts of those named therein to the bonds and undertaking specifically named therein, and they have no authority to bind the Company except in the manner and to the extentherein stated. CERTIFICATE I the undersigned, a Secretary of the ZURICH AMERICAN INSURANCE COMPANY do. hereby certify that the fo5egomg Poway of Attorney is still in full force and effect, and furtheir,certi "thdt Ardete V% Secttonn 5 of rine By Law,s,of the,Compiany ar@lbhe icso tfon,ofthe ... "' Boardiof:I7hectors'sefforBl'"fn%e0o*rofytCitomeyaresnllm force.,: IN TESTIMONY WIIEIt£OF I have ,hereto ultsembydsmy nar$e andaffized the seat of said Company ¢�cA,; MAY 172010 �l�t -8 in=re aZ, s the day of _ slb?, t998ttfi . Z. E, Smith- Secretary r'•.y2`........`js� POA -2 2A012 -5,025A Serial Number.CFZ001Novem481277A 072-5025A- NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 t-QL- 06 C.- QOA_c� 0 X et(A-k i Company TO: C. W Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with Your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract -e the work is to be done, and with the drawings and and the cost of the work at the place whet rfo ra specifications and other Project Documents, hereby proposes and agrees to Pet -form, within the time stipulated, the Contract, including all of its component parts, and everything required to be Performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility arid transportation set -vices necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below, CITY OF NEWPORT BEACIj CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER; 06 j. -?— (Description of Bid PaCkage) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos, and on file at the office of C. W. Driver, BASE Blah TOTAL BASE BID (includes all applicable taxes and cost' or for the sum of (in words) I The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic'Center and Park Project, Phase III Bid Form Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COS If unit prices' are required afthis Bid Package per Subcontract Exhibit C,Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive nrdeductive, ifpre-approved 6wC.YV Driver beyond the original acopm Each unit cost itemshall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: LA acd,..................... '.,....... ,—^.......... ... /U{3M8> Unit Cost No. 2: Unit Cost No, 3: Add/CeJota6alecd: _..^....~,.~.,.,,,.^,.,.,',,_,,.._'< CO ___ ALTERNATE No. 1: ALTERNATE No. 2: Add IDeduct (select) ($ ALTERNATE No. 3: ALTERNATE No. 4, Add/Deduct Newport Beach Civic Center and Park Project, Phase III Page 2of6 Bid Form "1^M NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes __%_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ %f 5C>( -D 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ /e, 0-g, C: (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows; . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto, 10. The required list of proposed Contractors is attached hereto. Il. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (l 0) consecutive calendar days after Award of Subcontract The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor.shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name., Ltvrtct J'ek� . .... Position/Title.*-ee;oJet, Name: Position/Title: Name: Position/Title: Name; Position/Title.- (IMPORTANT NOTICElfbidder or other interested person is a corporation, state legal name ofcorporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and fast names in call.) Newport Beach Civic Center and Park Project Phase III Bid Form f11_11__t-1__ 0 W11A Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.:F€�' t Expiration 'Date: C41 Class of License I I?b . (!Vote: l f the bidder is a joint venture, each member of the joint venture must include the above information.) BI© CERTIFICATION: I, Lao'c _ `P�`C C3 l� , the ' of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this /5' day of W t�� &er 2010 at� -d,l f2r'�r 0 County, California. Legal Name of Bidder u; iC ' " By 6tt- Signatures of Bidder: Title: l'r els f[ z` Title: NG7TE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; i f bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual his or her signature shall be placed above: Business Address; Y t _,g� 1 r'r t l Z- a Telephone:ELSM Email Address:=crrr Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Birt Form Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 'Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Bond Designation of Subcontractors Non-Collusior, Affidavit �9 Information Required of Bidders (for non prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form 0 In# A Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 0-0-116-1m Company TO: C. W, Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: Q, � lsi+z �ii I 1-hls (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 4 l , A2, _, and on file at the office of C. W. Driver, BASE BID., 1, 6 9, 3113 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) tk, dl V The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November B. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... —.00/ (UOM)> ALTERNATES: (Only if Soecifically Reauested by Bid Package, sum includes all 000licable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes L No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ /��_ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ ocy. (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT REACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 101 of the Bid as follows: Bid Band or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required List of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: -TK-1L PO L Position/Title: Name: i -&' Position/Title:V LCeit" t (eX1,i­ Name: d C�;� Position/Title: �/ r'e� I e_. Name; �i 1 Position/Title: Y P r d:CIf vrf 4ciiInit (IMPORTANT NOTICE: l{bid er or other l erested person is a corporation, state legal name o(corpora ion, also names of the president, secretary, treasurer, and manager thereof, if a copartnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase til Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 5;q - Expiration Gate: I` Class of License t C 3 (Note: If the bidder is a joint venture, each member o f the joint venture must include the above information.) BID C RTIFICATION- I, the " of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this I: 0 day ofDev201 Q at - 1 M&"At + L.-0 5 County, California. Legal Name of Bidder t c v Yid By nl fl.. Signatures of Ridder: Title; Vi, t. e, ` ce t (AevYV Title:kLL1( k3ri NOTE. If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if badder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 69 � qrt V�f6w Telephone: Email Address: Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November B, 2010 Page 5 of b M NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE I I I Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: I 'A Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Atlas Allied. Inc. _ Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.1 SITE UTILITIES (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 1,693,000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Million, Six Hundred, Ninety Three Thousand Dollars and no/cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. N/A This Bid Package (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ...................................................... < $ 0.00 .001 0.00 (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ...................................................... <$ 0.00 .00/ 0.00 (UOM)> Unit Cost No. 3: N/A Add/Delete select .....................< $ 0.00 —.00/ 0.00 (UOM)> ALTERNATES: (Only i Specifically Requested by Bid Package sum includes all applicable taxes and costs) N/A This Bid Package ALTERNATE No. I: N/A Add /Deduct (select) ($ 0.00 ALTERNATE No. 2: N/A Add /Deduct (select) ($ 0.00 ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ 0.00 ) ALTERNATE No. 4: N/A Add /Deduct (select) ($ 0.00 ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: XX Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders, The value of payment and performance included in the base bid amount is $ 17,580.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 14,435.00 (NOTE; Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: XXXX Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: George L_ Siciliani Position/Title: _ President Name: Eva Siciliani Position/Title: Vice President Name: Catherine Sturgeon Position/Title: Corp. Secretary Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13; Bidder certifies that he is licensed lit accordance with the law providing for the registration of Contractors: License No.: 437235 Expiration Date. 4130/2011 Mass of License A,B,C34,C36,C42 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: i, Eva Siciliani , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herehi are true and correct. Executed on this 15th day of December 20I o at Anaheim Orange. County, California. Legal Name of Bidder Atlas Allied; Inc. By Eva Sicilian'r Signatures of Bidder: nr, Title: Vice President Title: NOTE If bidder i's a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers liters or agents and the document shall bear the corporate seal, • i f bidder is a partnership, the trite name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts ort behalf of fire partnership, and if bidder is an individual,- his or her signature shall be placed above. Business Address: 1210 N. Las Brisas St. int abeim, GA,92806 Telephone: 714.630-3633 Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope, Newport Beach Civic Center and Park Project, Phase 111 rage S of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: XD Bid Form Bid Bond © Designation of Subcontractors aNon -Collusion Affidavit 11/ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November S, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM DELTA PIPELINE, INC Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 —COMPLETION PACKAGE BID PACKAGE NUMBER: 002.1 SITE UTILITIES (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2and , on file at the office of C. W. Driver, BASE BID: $ 835, 918 (in words) TOTAL BASE 610 (includes all applicable taxes and cost; or for the sum of Eight hundred thirty five thousand, nine hundred eighteen dollars Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C. Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ................................................... _ < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00 / (UOM)> ALTERNATES• (Only i f Speci f cally Requested by Bid Package sum includes all applicabletaxes and 99 s ALTERNATE No. I: Add /Deduct (select) ($ ) ALTERNATE No, 2: Add /Deduct (select) ($ ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 11, 315 (NOTE: Successful bidder will be required to maintain their General liability andAutomotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 9, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid f=orm take precedence and supersede any conflicting verbal Instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than I COX of the Bid: $ J- 0 9t Bid Bmid (Bid bon certified check, cashier's check or cash (circle one). 8, Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the tirne this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: IlDelta ' ...;_eline, Inc Position/Title: Name: x a t<j D a l(. ,= ` Position/Title: Pre s i dont, f C:`E Name: i:' icli rd Vance Name: Position/Title: Vice� i,es :cfent./i'"FO Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name o f corporation, also names of the president secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of'all individual copartners comprising the firm; if'bidder or other interested person is an individual, state first and last names in NO.) uO.) Newport Beach Civic Center and Park Project; Phase III Bid Farm November 8, 2010 Page I5 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12, Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 630256 Expiration Date. 10/31 / 11 Class of License A (Note: Ifthe bidder is ojoint venture each member ofthe joint venture mustinclude the above information) BID CERTIFICATION: 1, Jeremy Hyniim —, the represeWitlati-ve of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct Executed on this 16 day of D E, c,, 2010 at Lo, AYigeles Cclirity — County, California, Legal Name of Bidder— Delta Pi,prelinn , In -C By Jeremy Hyniirrn Signatures of Bidder: Title: U Title: Rsti.mator NOTE If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, ifbidder is a partnership, the true name ofthe firm shall be set " above together with the signature of the partner or partners oudiorized to sign contracts on behalf of the partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: 1407 F'ootl-liiil Blvd #232 J �a Vex'ne, CA 91750 Telephone: 562 - 4 93 -- 022 7 Email Address: j ererny@delta2ipel irie. net Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope, Bid Check List Please verify that all required documents are enclosed with your bid as follows: MBid Form 2 Bid Bond EDesignation of Subcontractors Non -Collusion Affidavit F] Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 17 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM GCI CONSTRUCTION, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III -- COMPLETION PACKAGE BID PACKAGE NUMBER:_ 002.1 SITE UTILITIES Pescription of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ cc, TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) F- , < t e A l The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ Unit Cost No. 3: .00/ (UOM)> Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of sa 50 ,od (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not stare work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: _ TERRY D. GILLESPIE Positjon/Title: PRESIDENT Name: RICHARD L. TIRRELL Position/Title: VICE PRESIDENT Name: FLOYD BENNETT Position/Title: SECRETARY TREASURER Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Explration Date: 755356 10-31-12 Class of License A (Note: I f the bidder is ajoint venture each member of the joint venture must include the above information) BID CERTIFICATION: FLOYD BENNETT the SECRETARY TREASURER of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 14th day of December 2010 at Costa Mesa, CA County, California. Legal Name of Bidder GCI CONSTRUCTION, INC. 0 FLOYD 13ENNEIT Signatures of Bidder: �G�� Title: ` SECRETARY TREASURER Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, ifbidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contrails on behalf of the partnership, and if bidder is an indMdual, his or her signature shoil be placed above. Business Address: Telephone: Email Address: 245 FISCHER AVENUE, B3 COSTA MESA, CA 92626 (714) 957-0233 Floyd@gciconstruction ,corn Bidders ore reminded to include all Items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase IH Page 5 of 6 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 1/7 Bid Form 171 Bid Bond ❑✓ Designation of Subcontractors ❑✓ Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 e NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM HPS Mechanical, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 2.1 Site Utilities (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos.—]—, 2— , , and , on file at the office of C. W. Driver, BASE BID: $ / 5LIS', n (j, 0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) efa) ll/on, INueU tP orrx P.lahf o S�U2 .�sixhum� ne ���,�x 06///7L-19 CVIW The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: C_� 014d Pa-1-ct1'naOf ConC/e4e . 11161 IC AG'l A /Delete (select): ...................................................... < $ 00 / 14- (UOM)> Unit Cost No. 2: ;1V/'!a Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: MA Add/Delete (select):...................................................... < $ .00 / (UOM)> ALTERNATES (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs)�( ALTERNATE No. 1: l Y Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: 0 Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November S, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 12, 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of ,q 0.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Leslie DenHerder Name: Susan DenHerder Name: Patrick Mize Name: Position/Title: President Position/Title: Secretary Position/Title: CFO Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13, Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 793014 Expiration Date: 3/31/2011 Class of License 'A, B, 02 " C4 - CIO, CM 020 "�14 * G36, C42, C43, C46 (Note: If the bidder is a joint venture, each member of the joint Venture 11JUSL include die above information.) BID CERTIFICATION: 1, Leslie DenHerder -, the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 day of December 2010 at Kern County, California. Legal Name of Bidder-HPS Mechanical, Inc. .0 Signatures of Bidder: Title: President Title-, CrO NOTE. If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, ifbidder is a partnership, the true name ofthe firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts an behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 3100 E. Belle TerraCe Bakersfield, CA 93307 Telephone: 661-397-2121 Email Address: les@hpsmechanical.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Did Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: x❑ Bid Form x❑ Bid Bond Designation of Subcontractors X❑ Non -Collusion Affidavit x❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Interpipe Contracting, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 002.1 Si to utilities (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $_. 1 , 184, 000. 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Million One Hundred Eighty Four Thousand Dollars and No Cents. The bidder will enter- all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 C NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ N / A —.00/ (UOM)> Unit Cost No. 2: N.1 A Add/Delete (select): ...................................................... < N / A —.00/ (UOM)> Unit Cost No. 3: N f A Add/Delete (select) :.......... ............................................ < $ N / A —.00/ (UOM)> ALTERNATES: (Oniv ifSoecifically Reauested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ALTERNATE No. 2: — N/A Add /Deduct (select) ($ N/A ALTERNATE No. 3: N/A Add /Deduct (select) ($ NI ALTERNATE No. 4: N/A Add /Deduct (select) ($ N/A Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 2 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 11 , 840 . 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 40, 000. 00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar- days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: M _ Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 1 I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or - delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver- to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder-, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Ronald D. Smith Position/Title: President, Sec. Name: Mary A. Smith Position/Title: Vice President, Treas. Name: Position/Title: Name: _ Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name o f corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also nornes of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project. Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 11 Bidder certifies that. lie is licensed in accordance with the law providing for the registration of Contractors: License No, Expiration Date: —1-0/31 /2011 Class of License fNatc: If tale bidder is ajoin! venture, each member of thejoint venture must include the above Information.) BID CERTIFICATIOM 1, .-Ran.&U-D—amif-I ...... ........._._....t the -* -' 'President sident, of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct Executed on this . . ..... 201 Oat County, California. Legal Narne of Bidder._'C pg�, ntr-r....:._•......_...........__.__._. -a 'CL.. - _-- . . . . . . ......... D. Smith . ...... . ....... . . . . ....... Signatures of Bidder: Title: President Title: NOM If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signutures of authorized officers oragents and the downiewshall boor the corporate seal; ifbidder is a partnership, the true nonleofthe fora) shall be set forth above together with the signature of the partner or partners autharized to sign contracts on behalf of the portnership: and if bidder is oil individual, his or her signature shall be placed above. Business Address: 1 Santee Ca 92071 ........ .... . Telephone: 6 1_9--56 9L --7 7 - J, 3 Email Address: info@interpipecontracting.com Bidders are reminded to inclade oil items 0 an opaque sealed envelope with the bid package number cl"rly identified on the front of the envelope, Newport Beach Civic Center -ind Parllc ProjerL, Phise III 131.ge 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Checic List Please verify that all required documents are enclosed with your bid as follows: ZBid Form Bid Bond I �J Designation of Subcontractors ZNon-Collusion Affidavit /U%�0 Information Required of Bidders (for non -prequalified bid packages) eno o, Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 b.t' ai t -.lam I l Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: _ 2 , i t t l (J k (-I-r\ E:5 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. t , 2. , and , on file at the office of C. W. Driver, BASE BID: $ W 35r 000. TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder- will enter all bid amounts in words and in numbers, In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section 1V, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ '00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .001 (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W, Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V No 3, Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1 t9) 00 s; . 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled insurance Program (OCIP). Bidders price excludescostof premiums for insurance covered by the OCIP in the amount of s; 30t IN +J F, (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the PlansandSpecial Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6, The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline, 7, Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase Ill Page 3 of b Bid Form November $, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C, W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: .j1i= Position/Title:ti ' Name: iii' Position/Title: Name: ''a Position/Title:`` Name: Afi1 `"1 Position/Title: COW tt�►'t-j���1. f 1�tt (IMPORTANT NOTICE: I If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: )_ 1 Expiration Date: t' 0 Y2— Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: the I= i` of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this day of 2010 at Cf'#t+iW_ County, California. Legal Name of Bidder h Fyy'�:- X11 "V- I ,A By Signatures of Bidder: Title:Vv --'T "' Title: NOTE: If bidder is a corporation, the legal name of the corporation shalt be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: _ hildl%1i Telephone: i�-714-)' Email Address:l—''1' Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Company TO: C. W. Driver, 156'15 Alton Parkway, Suite ISO, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 'camp (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. . . .... ........ .. and, on file at the office of C. W. Driver, — RASE BID 472. el,—G%4> TOTAL BASE BtD (includes all applicable taxes and cost; or for the sum of (in words) Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ......................................................< $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $—.00/ (UOM)> ALTERNATES: (Only i if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ALTERNATE No. 4: Add IDeduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a. separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided, Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of (NOTE-- Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.} 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5, The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of fortyAve (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CiVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout 7. Attached is the required bid security in the amount of not less than 141 of the Bid: r" to . Bid bond, certified check, cashier's check or cash (circle one). & Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain ripen, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance gond and Payment Bond, Insurance Certificates as specified, and Drug4ree Workplace Certification, all within ten (1 d) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awardedthe contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctlysubmitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Wltw Position/Title: Name: Position[Title: Name. Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof, if d co -partnership, state true name of firm, also navies of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2014 Rage IS of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.; Expiration bate: Class of License tZ A Ic (Note: If the bidder is a joint venture, each member o f the joint venture must include the above information) BID CERTIFICATION: (, X�it1X.M Ldl Lt 1 ,the 1�...rt'of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this �,1 day of D uun6 2010 at r f, A County, California. Legal Mame of Bidder. Signatures of Bidder: Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate sear; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: GA 14, &15VIA GcNk- Telephone: l Email Address: Dal ty—ks cnsh �-k , nein Newport Beach Civic Center and Park Project, Phase iii Page 16 of 37 Bid form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Miller Environmental, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 - COMPLETION PACKAGE BID PACKAGE NUMBER: 002.2 Demolition (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $164,000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Hundred Sixty Four Thousand Dollars and no cents. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No, 2: N/A Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and cos ALTERNATE No. I: N/A Add /Deduct (select) ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 2 , 100 . 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 1,700.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for oll off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Gregg Miller Position/Title: President/Secretary/Treasurer Name: Rob Schaef er Position/Title: Name: Position/Title: Name: Position/Title: Vice President (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 772797 Expiration Date: 12/31/2011 Class of License A, B, C21, C61/D06 , ASB, HAZ (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Gregg Miller , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Orange County, California. Legal Name of Bidder Miller Environmental, Inc. By Gregg Miller, President Signatures of Bidder: Title: President Title: Secretary NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 2210 South Dupont Drive Anaheim, CA 92806 Telephone: 714-385-0099 Email Address: gregg@millerenvironmental.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: FX Bid Form Bid Bond Designation of Subcontractors F Non -Collusion Affidavit FInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Mage. 6of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Shaw & Sons, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.3 Site Concrete (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 and 2 , on file at the office of C. W. Driver, BASE BID: Q 3, 549, 543.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (Pin words) Three million five hundred forty eight thousand five hundred forty three dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ...................... .... . ........................... < $ —.00/ (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ......................................................< $ —.00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum Includes all applicable taxes and costs ALTERNATE No. I: N/A Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ ) ALTERNATE No. 4: N/A Add /Deduct (select) ($_ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 28, 160.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 103,342 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 10 P6 Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Paul Taylor Position/Title: vice President & CFO Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 274144 Expiration Date: 4/30/11 Class of License C8 / B (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1 Paul Taylor ,the Vice President & CFO of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Costa Mesa Orange County, California. Legal Name of Bidder Shaw & Sons B Paul Taylor By Signatures of Bidder: Title: Vice President & CFO NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name ofthe firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 829 W. 17th Street, Ste. 5 Telephone: Email Address: Costa Mesa, CA 92627 949-642-0660 paul@shawconstruction.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: F1 Bid Form F1 Bid Bond 0 Designation of Subcontractors F-1 Non -Collusion Affidavit NSA Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM JCZL)UX'-'b + H 6LV 2i Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: DQ -Z --t> (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. ` , 2— -,and , on file at the office of C. W. Driver, BASE BID: $ ?)1 11 s4 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) vlUV av-eld C The bidder will enter all bid amounts in words and in numbers. considered binding. )y FrN --t-�v n the event of a discrepancy, the words will be Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 C1fV1____T COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: W /A Add/Delete (select): ...................................................... < $__.__ _—.00 / (UOM)> Unit Cost No. 2: Add/Delete(select):......................................................<$0/—(UOM)> .0 Unit Cost No. 3: _ NL�f�e— Add/Delete (select) :....................................... . ..............< $-------- — —.00 (UOM)> ALTERNATES: (Oniv eciIcally Rpques2ed- Bid Package. sum includes all applicobfe taxes and cost ALTERNATE No. 1: Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: �+ Add /Deduct (select) ($� ALTERNATE No. 4: 1 I RV Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November a, 2010 NEWPORT" BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder- may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes _ V No 3, Bonds: Bidder- has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ _2-1 005. ED _ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $_ Az).' 261, = (NOTE.: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid docurnents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder- agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendu n 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: _ Bid Bond or Certified check, cashier's check or cash (circle one). Non-collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to rernain open, or at any tirne thereafter- before this bid is withdrawn, the undersigned will execute and deliver- to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Conti -act, Performance Bond and Payment Gond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after- Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No tirne extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The narnes of all persons interested in the foregoing proposal as principals are as follows: Name:�J L _ Position/Title: Y l +� C`Vt� lC�t°� dr_ Name: ,= ,� Position/Title: _ _ 'yJ Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also noires of the president, secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase I11 Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PI -EASE III Addendus-fi 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.:.�� Expiration (Date: Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information,) BID CERTIFICATION: I, X810" --_, the _ 1� _ of the bidder-, hereby certify under enalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this-�IQ__—day of _. M-_2010 at __, County, California. --- Legal Name of Bidder Signatures of Bidder: dP&---.----Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat, • if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature small be placed above. Business Address: t J� K NN Telephone: —4t,4JCUFI'�. 242—Z 2—Z. _ Email Address: 1 C1 f TV._ /�, u3yy1 Bidders are reminded to include all items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: XI Bid Form R Bid Bond ❑ Designation of Subcontractors $,I /.6e Non -Collusion Affidavit ❑ Information Required of Bidders (for non-prequalifled bid packages) h.A/A- Newport Leach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 GRIFFITH COMPANY Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.3 SITE CONCRETE (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 2 , and , on file at the office of C. W. Driver, BASE BID: // 41Li1fy77 Z( $%- ""1Cf} TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words), , „ , „ ---.? _ , _ _ The bidder will enter all bid amounts in words and in numbers. considered binding. In the event of a discrepancy, the words will be Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ......................................................< $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($, ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ -71 '40% '73 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of, J(y tZ�(NOTE: Successful bidder will be required to maintain their General Liabibty and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November S, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: `l°^ Position/Title; ASS�ATnkpT.RDISTRICT Name: Position/Title:ASSISTANT SECRETARY Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE I f bidder or other interested person is a corporation, state legal nome of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of oil individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.James D. Waltza CEO Chairman 1853 Kinglet Court Costa h GRIFFITH Thomas L. Fass President C00 I 1801 Lincoln Lane New a COMPANY I Gordon M. Csutak J MCF018% 1 5228 E. Appian Way Long Bf Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date: :: 9/30/2012 Class of License A, B, C8, C1 2, C27 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: RYAN J AUKERMAN the ASSIST. DIST. MGR. of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 th day of DECEMBER 2010 at SANTA FE SPRINGS LOS ANGELESCounty, California. Legal Name of Bidder GRIFFITH COMPANY By. RYAN J AUKERMAN -ti Signatures of Bidder: Title: ASSTST DTST MGR 1� Title: ASSIST SEC MARY L. MCGEE NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: GRIFFITH COMPANY 12200 BLOOMFIELD AVENUE 562-929-1128 raukerman@griffithcompany.net Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 9 Bid Form Bid Bond Designation of Subcontractors u Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Ci("\Cl ��PjVC, Ake-a.c--'C'r's Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: (Description of Bid Pockoge) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. _-L, , and , on file at the office of C. W. Driver, BAS`�E BID: 12 $ _.L��1��j�_ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words)ALL! t p _T -t , N(-, `�\ \rv--�- ( rev �4N,,\ ry;A �l.Y!('�i���c�A ��� l�Cti � �'9vtoov The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ................................................... I—< $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES: (Only i f Speci fically Requested by Bid Package sum includes all applicable taxes and costs In ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2:k1A Add /Deduct (select) ($ ALTERNATE No. 3: N Add /Deduct (select) ($ ALTERNATE No. 4.�!!-� Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price exec�udes cost of premiums for insurance covered by the OCIP in the amount of $ '2E Ci,. 7 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November S, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: �) C'`t Position/Title: Name: Position/Title:-� Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date: Class of License -13 A'_ (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with thisid and all of the representasj?ns made herein are true and correct. Executed on this 1 , day of (dlb�--r 2010 at n, County, California. Legal Name of Bidder` n^C.'ar, L ���), (2, BY_r' 1^�— Signatures of Bidder: Title: fl? Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. E t ) Business Address: "� �C' j pt c'tC��' Telephone: r� :Z 0 Email Address: ' '"AQe(yw Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form }% Bid Bond Designation of Subcontractors Non -Collusion Affidavit IM -1 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: ooZ, i (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. Iand '' , on file at the office of C. W. Driver, BASE BID: $ ,�6 1TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) �t t��� , � { f � �ir �-tel -~'� ��'� 1-Vic.}�-'.i�l� � -'�j •��,�� ice' - l �:�� •`� ?r�r � �,l�a 4�-i vc` f -ti/ --'or i' , The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy. the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): .................................................. _.< $ —.00/ (U©M)> Unit Cost No. 2: Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00/ (U©M)> ALTERNATES:(Only if S eci rca►► Requested by Bid Package, sum includes al► applicable taxes and costs ALTERNATE No. 1: u s > 14 OQ— Lt 171-Il t o rid tGi � '1 int, -' A¢ /Deduct (select) ($ a(,<X>0 (14 0e, 9�1 ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($______ } ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ , 0`6 j 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP_in the amount of $ 42— j e (NOTE: Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all offsite work throughout the duration of their Contras%). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions duringthe job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November B. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ill Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract„ Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not stark work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractors failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: L PositioniTitle: 4� I ( T' Name: Position/Title: Name: PositiontTitle: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name o f corporation, also names of the presiden4 secretary, treasurer, and manager thereof, if a copartnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full) Newport Beach Civic Center and Park Project. Phase ill Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 113A'' Expiration Date: 6 / / x31 Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Z"'w 'n—, , the t ► nr - of the bidder, hereby certify under penalty df perjury under the laws of the State of California, that all of the information submitted by the bidder in connectian with this bid and all of the representations made herein are true and correct. Executed on this day of V6ewt 010 at G County, California. Legal Name of Bidder '"" I�C..vl 7try �2� I By r Signatures of Bidder: Title:'`' ` Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall he placed above. Business Address:t-/��i�Jilt,t Telephone: 771 ' 10 , '; o Email Address: Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors 13 Non -Collusion Affidavit 7 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM ValleyCrest Landscape Development, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.4 Landscape and Irrigation (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 4,811,700.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Four million eight hundred eleven thousand seven hundred dollars and zero cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES• (Only ifSpecifically Requested by Bid Package sum includes all applicable taxes and sts ALTERNATE No. 1: landscape revisions associated with the San Miguel pedestrian bridge Add /Deduct (select) ($ 800 ) ALTERNATE No. 2: 90 day maintenance period in lieu of 360 days Add /Deduct (select) ($ 62,000 ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1% of bid 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 35,562 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Thomas Donnely Position/Title: President Name: Andrew Mandell Name: Vince Germann Name: Position/Title: Secretary /Treasurer Position/Title: Senior V.P. Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 133947 Expiration irate: 10/31/2012 Class of License A, 13, C-27, C-3 1, C-53 (Note: If the bidder is a joint venture, each member o of joint venture must include the above information) Bib CERTIFICATION: 1, Vince Germarin the Senior V.P. of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15th day of December 2010 at Orange County, California.. Legal Name of Bidder Vallc, Crest.l,andsca e Development, Inc. By Vince Signatures of Bidder: Title: Senior V.P. Title: NOTE. Ir bidder is a curporutiun, the legal nurse of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidderh a partnership, the true name of the firm sholl be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder Is an individual, his or her signature sholl be placed above. Business Address: 3242 Halladav Street Suite 203 Santa Ana, California 92705 Telephone: (714) 5461-7975 Email Address: jmttteh(uvallryert:st.ct)m Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly Identified on the front of the envelope. Newport: Beach Civic Center and Park Project, Phase III Page 5 of ti Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 1T Bid Form x❑ Bid Bond ElDesignation of Subcontractors E Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 M -0110 -16 -Wal PARK WEST LANDSCAPE, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and In compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and CornpleLe in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.4 LANDSCAPE AND IRRIGATION (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I _,2 , and _, on file at the office of C. W, Driver, fflowAfflo $ 4,490,57TOG TOTAL BASE 810 (includes all applicable taxes and cost; or for the sum of (in words) 1QUII-MIMUMf UNDREDNINEI.Y.-AG IT OLISANQ FIVE HUNDRED SEVENTY-SEVEN AND DO/ 100 DOLL The bidder will enter all bid ZIMOUnts in words and in numbers. In the event of a discrepancy, the v.,tords will be considered binding. i,lewpQrt Beach Ciyir- Center and Park Project, Phase Ill Bid Form November 8, 2010 Page I (if 6 NEWPORT BEACH CIVIC CENTER AND PARK. PROJECT PHASE III Addendum 2 UNIT COSTS.. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, If pre -approved by C. W, Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. l N/A Add/Delete(select):_... ............. ............................. .<$ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select):...............................•1.......................<$_.00 1 (UOM)> Unit Cost No, 3, ..N Add/Delete (select) :......... ............................................. —.00/ (UOM)> ALTERNATES. [Only ifSiDecifically Reauestedby Bid-Pa[ckQere._surn includes all 000licable taxes and cash ALTERNATE No. I: NINETY (90) DAY MAINTENANCE IN IIEU Of ONE (11 YEAR MAINTENANCE Ad /Deduct (select) ($ 102.000.00 i ALTERNATE No, 2: N/A Add /Deduct (select) ($, ALTERNATE No. 3: NSA_ Add /Deduct (select) ($: ALTERNATE No. 4 Add /Deduct (select) ($_ .__} Newport Beach Civic Center- and Park Project, Phase. III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 30,900.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 30,720.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto, 10. The required list of proposed Contractors is attached hereto, 11, It is understood and agreed that If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work. on the Project until all paperwork required herein is timely and correctly submitted to the C, W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions, 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: MICHAEL... TRACY Position/Title: PRESIDENT Name: -BART RYDER Position/Title: VICE PRESIDENT Narne: JAMES P. TRACY Position/Tide: SECRETARY/TREASURER Name: KEVIN C. ROFF Position/Title: DIVISION PUSIDW (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the President, secretary, treasurer, and manager thereof; if a ca partnership, state true nome of firm, also names of all individual copartners comprising the fim); if bidder or other interested person is an individual, state first and last names in full.) NewporE Beach Civic Center and Poi is PrujecL, Phase III Bid Form November 8, 2010 Rage 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13, Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No, : 441362 Expiration Date: O6(3Dj2D1I Mass of License C27 -A B C61 /DI 2 (Note: If the bidder is a joint venture, each member of the f oint venture must include the above information,) BID CERTIFICATION: 1, KEVIN C. ROFF ,the DIVISION PRESIDENT of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16TH day of DECEMBER 2010 at RIVERSIDE .County, California. Legal Name o0idder r , Signatures of Bidder: Title: DIVISION PRESIDENT Title: SECRETARY/TREASURER NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shalt be placed above. Business Address: 1215 GRAPHITE DRIVE. _. CORONA CA 92881 Telephone: Email Address: I(CROFF01PARKWESTINUOM Bidders are reminded to include all items in an opaque seated envelope with the bid package number clearly identified on the front of the envelope, Newport Beach CiViC Center and Park Project; Phase III Page 5 of G Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: X Bid Form FX Bid Bond X❑ Designation of Subcontractors Non -Collusion Affidavit NSA Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost, of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK: PROJECT PHASE Ilii — COMPLETION PACKAGE BID PACKAGE NUMBER: (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. /, _ � , and , on file at the office of C. W. Driver, RASE Btu [_l_ti 1\2 ( TOTAL BASE BIG (includes all applicable taxes and cast; or for the sum of (in words), �\ V��4' �WAJ �+ The bidder will enter all bid amounts in words and in numbers, in the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sale discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V--�No 3. Bonds: Bidder has Included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 5�1 — 4. Insurance: Bidder warrants that it. has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for Insurance covered by the OCIP in the amount of 1q4 "'16 — (NOTE., Successful bidder will be required to maintain their General Liability and AutomotPie insurance coverage for all offshe work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C W. Driver reserves the right to reject any at- all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase Ill Page 3 of 6 Bid Form November 8, 20 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I:�A` Add/Delete (select): ...................................................... < $ Unit Cost No. 2: dj'" Add/Delete (select): ...................................................... < $ Unit Cost No. 3: IVIA= 00/ (UOM)> .00/ (UOM)> Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only ifSbeci fically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1:e4417' /)G�%i?/1`mA4, A7- ssltzy LI -416 /ie-- �<i/ akt Add /Deduct (select) ($ "\y� `S d`(%. ' ) ALTERNATE No. 2: X F044C'E /21117/1' i_9ZVA __4_2r: '/ D ! 1k' f�/L'! ��aS� -rep '}C-' Oxx" 4 '� Add /Deduct (select) ($ 0, UC.) — ) ALTERNATE No. 3 Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: $ Certified check, cashier's check or cash (circle one). t1l Non -collusion affidavit is attached hereto. t40. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: �`` PositiontTit(e: r'L - Name ! / l "t f Position[Title; Name: a 0 �-` PositionlTit,le: Name: Position/Title: (iMPORTANT NOTICE, ()"bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm; also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Prolecc, Phase III Bid Porm November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: / Expiration Date: _0I 1` Class of Licenser (Note: I f the bidder is a joint venture, each member of the joint venture must include the above information,) BIG CERTIFICATION: 4 � r he �36--Z4 /%If%Ke bidder, hereby certify under penalty of perjury under the laws ;f the of -alifornia, that of the Information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on thisx day of d at County, California. Legal Name of Bidder " By Signatures of Bidder Title.�tr I' Title: ` EC2&��v NOTE., If -bidder is a corporation, the legal name of the corporation shall be sct forth above together with the signotures of authorized officers or agents and the document shall bear the corporate seal, i f bidder is a partnership, the true name o fthe firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed abave. Business Address: Telephone: (7/`�1 ` Email Address: -� A / c , c Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front: of the envelope. Newport Beach Civic Center and Park Project, Phase 111 Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form 2 Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Hardy & Harper, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform. the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.5 Asphaltic concrete paving (Description o f Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. _1, 2 , and , on file at the office of C. W. Driver, SASE BID' $ 199,919.00 TOTAL BASE BID (includes all applicable taxes and cost: or for the sum of (in words) One hundred ninety-nine thousand nine hundred nineteen dollars and no cents The bidder will enter all bid amounts in words and In numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November S. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 SIT !OSiS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete(select):........................................I.............<$ .001 (UOM)> Unit Cost No. 2: N/A Add/Delete(select):......................................................<$ .001 (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................<$ .001 (UOM)> ..vim ALTERNATE No. I: N/A Add /Deduct (select) ($ ) ALTERNATE No. 2: N /A Add /Deduct (select) ($_ ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ ) ALTERNATE No. 4: N/A Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project. Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,998.38 4. Insurance; Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for Insurance covered by the OCIP in the amount of $ N/A (NOTE Successful bidder will be required to maintain their General Liability and Automotive Insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the Instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 B. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractors failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: See AttachmentA _ _ _ PositionlTitle: Name: Position/Title: Name: Position/Title: Name: Position/Title: (MPORTANT NOTICE If bidder or other interested person is a corporation, state legal name o f corporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in fun.) Newport Beach Civic Center and Park Prole" Phase 111 Page 4 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 215952 Expiration Date: 12/31/11 Class of License A, C8, C 12 (Note: if the bidder is a joint venture, each member ofthe joint venture must include the above information.) BID CERTIFICATION: I, Steve Kirschner the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15th day of December 2010 at Santa Ana, Oran e County, California. Legal Name of Bidder Hardy & Har -per, Inc. Signatures of Bidder: t ��'yt' V "° V- - Title: Title: Vice President NOTE if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: 1312 E Warner Ave. Santa Ana, CA 92705 Telephone: 714-444-1851 Email Address: thambright@hardyandharper.com Bidders are reminded to include all items in on opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: El Bid Form FX Bid Bond Designation of Subcontractors E Non -Collusion Affidavit FInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM TERRA PAVE, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE 2.5 BID PACKAGE NUMBER: AC PAVING, STRIPING & SINAGE (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 and on file at the office of C. W. Driver, BASE BID: $ L Zai, boa — TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) 7RN to-��►sc�R�a The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNITCOSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: AJ / A- Add/Delete (select):......................................................<$ .00/ (UOM)> Unit Cost No. 2: / f Add/Delete (select): ................................ ...................... < $ .00/ (UOM)> Unit Cost No. 3: A Add/Delete (select) :.................... .................................. < $.00/ 0 (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ) ALTERNATE No. 2: I� / Add /Deduct (select) ($ ) ALTERNATE No. 3: OV/AC Add /Deduct (select) ($ ) ALTERNATE No. 4:[ IA,� Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes __X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ ID&O " 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 2 , 5 n® -' (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond r $ _ . . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: TERRA PAVE, INC. Position/Title: CORPORATION Name: JOHN TERRY Position/Title: PRESIDENT Name: KEN SCHRADER Position/Title: VICE PRESIDENT Name: CHRISTINE SANTOS Position/Title: SECRETARY (IMPORTANT NOTICE: 1 f bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: 456836 License No. : Expiration Date: Class of License 05/31/12 A, C12 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) f311•�:i�l�[�7�[�7�A JOHN TERRY the PRESIDENT of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in conn with this bid II of the representations made herein are true and correct. Executed on this day of DRAER 2010 at SANTA FE SPRINGS, LOS ANGELES County, California. Legal Name of Bidder_ JOHN By Signatures of Bidder: TERRA PAVE, INC. PRESIDENT PRESIDENT Title: SECRETARY Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, i f bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 11925 LOS NIETOS ROAD Telephone: Email Address: SANTA FE SPRINGS, CA 90670 (562) 693-7283 estimating@terrapave.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM �lo�S7rrP�J PAVInJ g , Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: VB (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 0 , and , on file at the office of C. W. Driver, BASE BID: 00 $ .® TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November S, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: tj1pr Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): .................................................. .... < $(UOM)> .00 / Unit Cost No. 3: Add/Delete (select) :.. . .... . ........................ . ...... . . . ............ < $'001 (UOM)> ALTERNATES: (Only ifSpecifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: _ NO Add /Deduct (select) ($ ALTERNATE No. 2: N Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: /i Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect, Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes "_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 2,6 D7. Old 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 6 Y166 1 1? (NOTE: Successful bidder will be required to maintain their General Liability anA to omotive insurance coverage for all offsite work throughout the duration of their Contract.). 5, The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline, 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ ,0-J A Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10, The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W, Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Position/Title: Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date: Class of License �3gog3 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: 7/11-0the //.N% of the bidder, hereby certify under pen ty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 1Y -770 day of b£(*4W& A 2010 at-7AW1 AL 4E X05AWeto County, California. Legal Name of Bidder wrsrler m f®13V/�y� t ®i1.)M+CTM: 4-"l J By �'N2//1Uir :5rl,4LD Signatures of Bidder: Title: pp—iff5/ 9 Co 7 - Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature small be placed above. Business Address: ®�� �✓ 3 �" /�/�%�D�� /`tl jTAt �—ZAJ/,�v!) �,�' Com'/70� ? 4d2 Telephone: f 3 3,6 —29,91 Email Address: Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Bond Designation of Subcontractors 1ZNon -Collusion Affidavit 14 Information Required of Bidders (for non-prequolifed bid pockoges) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM STICE COMPANY, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 002.6 FINISH GRADING (Description of Bid Package) All in strict conformitywith the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID. $ 1,286,300.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Million Two Hundred Eighty Six Thousand Three Hundred & no/100--------------------- Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE W Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. ,Ylyff �_CQ_S7S: If unit: prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs, (Write in the unit price or alternate description) Unit Cost No. I: . ...... Add/Delete (select): ...... ................ ........ ........0(UOM)> Unit Cost No. 2: Add/Delece (select): .... ................... .............. ........... < $ '00/ pom)> Unit Cost No. 3: Add/Daletc (select): ........ .............. ..................... _ .......-= $. - -1 - — - '00/ - (UOM)-- At.rE6"A1k$*( a qg� _ydesaI1appYcqh1qt -axes ly if Uer.�i�a& A Bid P _q e ;yV11n ---I and equetted b _qCk ;um *n_ql --a — Co—stis ALTERNATE No. I Additive alternate to provideall.finish grading associated vyft bthe _fan Miguel educt (select) 10,000.00 Pedestrian 13ridge. ALTERNATE No, 2: Add /Deduct (select) ($--) ALTERNATE Na, 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 [lid Forrn Novei nbey 8, 20 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachmentto this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bl'clder has attached Bidder Suggested Alternates: X Yes No See Attached. 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with .its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends co enact an Owner- Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 38,000.00 (N07'F• Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for cdi off site work throughout the duration of their Contract) The undersigned declares that he has carefully examined the location of the work, has read thoroughly Lhe instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perforn-r all vvork required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, tq accept other than the. lowest bid day price based upon... bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 6, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the. required bid security in the amount of not less than 10% of the Bid; 128,630.00 -. Bid bond, certified check, ashlers check r cash (circle one). 8, Noti-coflusion affidavit is attached hereto, 9. -Fhd required list of proposed Contractors is attached hereto. 10. It is understood acid agreed thaL if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto; without modification, in accordance with the bid as -accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-frea Workplace Certification, all within ten (10) consecutive calendar days after Award of SubcontracT- The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Zwjvcr's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the ProjectDocuments. The Subconcractor shall not start work om the Project until all paperwnrk rtqt dred hereir, is Liniely and correctly wbrnitted to the C. W. Driver, No time extensions shall be granted to 5ubcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows,. Name � Positioriffitle: PRMIMNT fAart, '1'yW0T1-1Y'G. 11AMCUIUK Positioriffitle: VICE PRESIDENT Flame Position/Title: Positioriffitle: (IMPORTANT NOTICE lfbidder or other interested person is a corporation, state legal name ofcorporation, also names of the president, secratary.� teeosurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individtial copartners comprising the firm, if bidder or other interested person is an Individual, state first and lost names in Newport Beach Civic Center and Park Project, Phase III Bid Fbi-tri Novembef 8, ^14)10 Page 15 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 515997 Expiration Date APRIL 30, 2012 Class of License A - Cl2..- C21 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, __ ROBERT N. STIC,E , the PRESIDENT of the bidder, hereby certify tinder penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this _ 1. 6]jt day of DECEMBER. 2ti I D at ORANGE COUMrY County, California. Legal Narne of Bidder STIU.E COMPANY. IVC: _ By_ ROBERT N. STILE, PRESIDENT Signatures of Bidder: �- it ' .�. .. Title: TIMOTHY G. HAMMUK, V. PRE, S. fVOTE: If bidder is a corporation; the legal nome of the corporation shall be set forth above together with the signatures of authorizes officers or agents and the document shall burr the corporate seal; i f hidder;is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership,_ and if bidder is an individual, hir or her signature shrill be placed above. Business Address: _ 10851 JEFFREY ROAD µ IRVINE. GA. 92602 'Teiephone: 949-654-4600 Email Address; __.. —.rustics c. Sticeco.00111 Newport Beach Civic Center and Park Prcalec;t, Prase IiI Page 16 of 37 lain rnrm Hwerihe- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope, IBid Check Iist Please verify that all required documents are enclosed with your bid as follows: Ix—j— Bid Form FRI Bid Bond Cashiers Checic LKDesignation of Subcontractors ;7— Non-Collusion Affidavit E] information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 17 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 0,310 "402 Company TO: C, W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 9261 B Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W, Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required In connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: Qn 242- k= ► r'lt s w 9:: A --r3 ► n/ G— (DescHption of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, Including addenda nos. �_, i , , and �on file at the office of C. W. Driver, BASE BID: I., 13 S , 000 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) N ( Na -1 E-; I - -N e e= �*(tQ21n� The bidder will enter all bid amounts in words and in numbers, In the event of a discrepancy, the words will be Ovxj;k co-lAal considered binding. fi ) Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall Include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: M�1»k'�:Z Lo �LG1�6Y: �02Soo�` ��No2 ISas Add/Delete (select): ...................................................... <$ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select):......................................................<$ _001 (UOM)> Unit Cost No. 3: Add/Delete (select): .................................................. I—< $ .00 / (UOM)> ALTERNATM (Only if Specifrcally Requested by Bi,_ 'd Package. sum Includes all opptfcable taxes an costs ALTERNATE No. I: N \Sh ra Yz-A .1If G Al A an M 1 6ruT,-L_ ht21P4A_ Add /Deduct (select) ($ 1 5, 7= s l ALTERNATE No. 2: ax - Add /Deduct (select) ($ -7 CntrwuJ�"erx ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of b Bid Dorm November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment Suggested alternates shall be complete and functional In every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered In determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes / No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included In the base bid amount is $ I 1 1, .` Z -S I,= - 4. D 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 1 7, C'3 S 0 4 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or In part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10, The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested In the foregoing proposal as principals are as follows: Name: To M t114 a Cg A t -A Position/Title: \/ I z,c P R -r. s 1 o'.�T Name: C k r '� o u n PositionlTitle: Cy1 \\ r r— Name, Vih u �/ ��t� 1 Position/Title: �S r • Pro ; P c_F- 1Yl y)ak-) CA-- Name, PositionfTitle: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof,If a co -partnership, state true name of firm, aho names of all Individual copartners comprising the firm; if bidder or other Interested person is an Individual, state Prst and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with 'the law providing for the registration of Contractors: License No.: 17.S 77 A. V1 AZ . Expiration Date: L-+ _,:�n - 9-01 Class of License A (Note: tf the bidder Is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I, _V t I2t,1 ( V • i✓IL11___I the L91r • '?re_ 1_Mg ha f the bidder, hereby certify Ader penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct, Executed on this t 1-'1 day of 20 [,Vat ga r\+?A !SQ6 /( - _ LA County, California, I / 0 Legal Name of Bidder_ She) r rnn Cne ca -0 r n n n n i -.i J'R C- B y ) i U, .J \-I. (Pct -k-,, _ Signatures of Bidder: �Ili- '\4 - Title: S r _ b r, } e, Q Iota hn -7 �. Title: NOTE: If bidder is a corporation, the legsil name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the j'irm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an Individual, his or her signature shall be placed above. Business Address: I.3 54 rp P t2-.iLSGF' Toa.S Ay , Telephone: `� ti S) 3 2 - 11 LA -I Co m Email Address: \/ F0. -d IA_,c4An ar m q C- cCL' -a C-tuC Sq `th!115 Bidders are reminded to include all items in an opaque seated envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 )aid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors U Non -Collusion Affidavit Information Required of Bidders (for non-prequalifted bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November B, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III – COMPLETION PACKAGE BID PACKAGE NUMBER: 003. 1 czy c`tom.rCC' y1GY -4 pN e I9c. Y, (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. A—, D_, , and , on file at the office of C. W. Driver, BASE BID: $ 31 9 601 75-0 . O 0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) —OAYPe lA�tcw\ \�1\yti@ ,�jt�C✓1�+�f_� �(SI�CC�VY �fPVI lyt�h� l l �C}��0 �/ �J (-11NP The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I Add/Delete (select): ...................................................... < $ Unit Cost No. 2: Add/Delete (select): ...................................................... < $ Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UOM)> .00 / (UOM)> .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: ('ov'1N 1w6 15,ousu.en�, tci�C 16v�kv-eA- S``Y'4� o��,GLr5 Cd C7.Ci �C? Cd rn'�"Cj'/Deduct (select) ($ �{�-{ �'s t (p , 0 b _ ) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect, Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes �'/No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3 <4 ' J i S. 0 U 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ `f r1 3 L . d 0 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 10o Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name:_pcl v t A �* C✓ (�1-. u Position/Title: pry 5 t d-0-V_� Name: �g A Ev — F' e zt © Position/Title: �e e 3`0� Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: to s CSS c Expiration Date: J 0 ! O 1 Class of License C — (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: c� V, ACX E -z,1 <'.� the ae`"�." c -� of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this " day of`l ---c-a bei 2010 at Cc ---A, V�\e--S o, Dr ! ounty, California. Legal Name of Bidder By Signatures of Bidder: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: /.SI k�� Telephone: 7 /°( 6-Y 3- 3 3 ( (- Email Address: � Y f r t . COOA Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors DNon -Collusion Affidavit F] Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Morley Construction Company (a wholly owned subsidiary of Morley Builders) Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 003.1 Structural Concrete / Rebar (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. ' z and on file at the office of C. W. Driver, BASE BID: $ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in wo(ds) {� _ (� (r t, p n �14e !^'c1N` A +'utd%1cY�Tdlt�dL seJe^A4 S2c1e�J 1i7cS�co�t� os�, SeJW L�led�- —nquPi C, 4�cI, The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ............. ........................................ < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: San Miguel Pedestrian Bridge Add:yDeduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ J m 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ l 61. ? g V (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals'are as follows: (game: Chris A. Forster Position/Title: vice President Name: Tod Paris Position/Title: sr, vice President -Finance, secretary/Tres Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 166461 Expiration Date: 09/30/2011 Class of License B, C-8, A (Note: If the bidder is a joint venture, each member o f the joint venture must include the above information.) BID CERTIFICATION: 1 Chris A. Forster the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Morley Construction By Chris A. Forster and Tod Paris fl, Signatures of Bidder: / ` �' ` 4\ -= Title: Vice President Title: Sr. VP -Finance, Secretary/Treasurer NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; i f bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 2901 28th Street, suite loo Santa Monica, CA 90405 Telephone: 310/399-1600 Email Address: cforster@morleybuilders.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: x❑ Bid Form Bid Bond IF Designation of Subcontractors El Non -Collusion Affidavit F] Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 C t J _ T Wimsat-t- C c)nt-racti ng Co. Inc Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 003.1 Structural Concrete /Rebar (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 1 _, and , on file at the office of C, W. Driver, BASE BID: $ 1 E Q TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words(-� ��olt..v' Hi�Iuf"\ \„Ji le ft fr d�red I t� gefv !i,�lt� ��. C Nill�I��� The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope, Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No, I: Add/Delete (select): ................................................... . .. < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): .................................. ....... . ............ < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :............. ..................................... . ... < $ .00/ (UOM)> ALTERNATES: (Only ifSbecificaliv Reauested by Bid Packaee. sum includes all_atlblicable taxes and costs Additive alternate to furnish and install all concrete work as indicated at the San Miguel pedestrian bridge ALTERNATE No. I: including elevator tower, slab on deck, etc. Add Deduct (select) ($�(� i C:% Co"�°`° ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of b Bid Form November 8, 2010 PART BEACH CIVIC CENTER AND PARK PROJECT NEW PHASE III Addendum 2 Is and methods that will provide a cost savings to the project. Such 2 Bidder may suggest alternate materia the Bidder on a separate attachment to this Bid Proposal. provided. Proposed cost saving respect. ounts suggested alternates shall bn{orimat on and details shall also be p tete and functional in every P As applicable, supportingtes affects or Driver and in no way art of shall be listed on the attachment. P�s a e the sole discretion of Cterna w're se arate from and not p Acceptance of suggested alternatesested alternates a P invalidates any part of this Bid Proposal. Bidder sugg the responsive low bidder. this Bid Proposal., and will not be considered in determining Yes No Bidder has attached Bidder Suggested Alternates: --- — _� a ment and performance bonds in Bidders. The value of payment and performance included in the base 3. Bonds: Bidder has included in the base bid amount the cost o p y compliance with the Instructions to bid amount is $ d"i' 00 is Contract, the Owner intends to that it has reviewed in detail with tins insurance carrier the insurance Bidder warrants art of premiums for 4• Insurance: ect Bid Documents. As p requirements set forth in the Pr oj OCIP • Bidders price excludes cost of p o0 (NOTE: Successful enact an Owner Controlled In Program ( e or all off site work General Liability and Automotive insurance coverag f insurance covered by the OCIP in the amount of $ bidder will be required to maintain their throughout the duration of their Contract.), ead 5_ The undersigned declares that he has carefully exam ined the location of thsio °Ya`nd all rbid documents, or, and hereby proposes to furnish all materials and labor to instructions to the Bidders, has examined the Plans and Special Prows, the �n stated herein. otic required to complete the Work for the pricing including the availability of materials an a perform all w reject any or all Proposals, in whole or in agrees that C. W• Driver reserves the right to on bidders responsiveness and 6, The Bidder rice based up agrees that part, to accept other than the lowest bid day p y er -five 45) calendar days after the Bid Date overall bid, and to waive any informalityrir irregularity therein. The i completeness of o period of forty its Proposal may not be withdrawn fora p Deadline. precedence and supersede any 7. Bidder understands that the Bid Docduring the job Documents and Bid Fwalorm race conflicting: verbal instructions, discussionsuk and the Instructions to Bidders handout. Page 3 of 6 Newport Beach Civic Center and Park Project. Phase III Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C, W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Jnhn F, Wi msai-t TIT Position/Title: President Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: #721022 Expiration Date: 4/30/2012 Class of License C-8 , B (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, John F. Wimsatt III 'the president of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 th day of December -201 0 at Los Angeles County, California. Legal Name of Bidder J T. Wimsatt Contracting Co. , Inc. By John Signatures of Bidder: msaktt III Title: `I I X26YJ)­ Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 28064 Avenue Stanford, Suite B Valencia, CA 91355 Telephone: ( 661) 775-8090 Email Address: JohnWimsatt@! twimsatt . com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: aBid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit 1-1 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 1161ifelaW7 The Conco Companies Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 3 .1 Structural Concrete / Rebar (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ L4 �0 5ZI 55 4,00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) VO UP, tj)L. , j'0AJ VIwE Hyti0V—,t:D TWI�.h'j Oil-T+I6V-TAA)r) TWE' /i.11 DM' r I F-T.�'J V'0 U The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and "Sts ALTERNATE No. I: San Miguel Bridge G/Deduct (select) ($ �4 7, nG ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ IS 0048:60 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 12 3 , 921 , 0% (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Steve Gonsalves Position/Title: President CEO Name: Holly Bertuccelli Position/Title: Chief Financial Officer Name: Karen Watson Position/Title: Secretary Name: Rick Parker Position/Title: VP General Manager (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: c� q License No.: 9 ! 1 Expiration Date; Class of License e� d��� G S 01 L90 w, (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: the G { of the bidder, hereby certify under penalty of perjury under the laws 'of of Califdrnia, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Fxecuted on this Z& day of Qe r_ r—w,_b e - 2010 at . County, California. Gonsalves & Santucci, Inc. Legal Name of Bidder��r�nS is ��� �a� i-t,� c c .��t-+< dba Conco By Signatures of Bidder: Title: GeN• Title: _ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the docurnent shall bear the corporate seal; if bidder is a partnership, the true name of tine firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf q.the partnership; and if bidder is an individual, his or her signature shall be placed above, A. Y Business Address: /D S. Z- l��w C, i iu_� S%� rt71 ,.�" ••+ ;x`�K.r `ZL r,'r�r� Telephone: ct 0 Q - 3 Co - 0 ( q Email Address: its (1 ✓ir,A�,•nGtJ t c M c.�,'� •C� . rt ��. ; ; Bidders are reminded to include all items in an opaque sealed envelope with the bid package+pi7r>!�`cr:c'learly` identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase 111 Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: FRI Bid Form 7 Bid Bond MDesignation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Bomel Construction Co., Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work. at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: BP003.1 Structural Concrete (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 z , and on file at the office of C. W. Driver, BASE BID: 7 G L TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) E t the words will be N The bidder will enter all bid amounts in words and in numbers. In the event of a discrepan considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Cutting and patching of concrete floor slab Add elete(select):......................................................<$ 15 .00/ sf (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select) :..................................... . .............. . . < $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Pedestrian bridge at San Miguel r V� Add /Deduct (select) ($ L,�, ''yyr) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ G�7cl. q_ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ LC), 4153 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: d Bo or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C, W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Kent Matranga Name: James Ure Name: Lisa McGinnis Name: Derral McGinnis Position/Title: President Position/Title: Executive Vice President Position/Title: Treasurer/Secretary Position/Title: Vice President Business Development (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 265409 Expiration Date: 05/31/2011 Class of License A, B & C8 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: James C. Ure , the Executive Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 13th day of December 2010 at Anaheim Hills, Orange County, California. Legal Name of Bidder Bomel Construction Co., Inc. By James Ure & Lisa McGinnis Signatures of Bidder: Title: Executive Vice President Title: Treasurer/Secretary NOTE: If bidder is a corporation, the legal name of the coX�a ation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 8195 E. Kaiser Blvd. Telephone: Anaheim Hills, CA 92808 714/921-1660 Email Address: dmcginnis@bomelconstruction.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: F1 Bid Form x❑ Bid Bond LIJ Designation of Subcontractors El Non -Collusion Affidavit qInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A SJA INC., dba Anderson Drilling Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: Soil Anchors CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: on, 9 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 1 - and - , on file at the office of C. W. Driver, BASE BID: Per attached "Qualified" Soil Anchor Quotation dated 12/16/01* 581, 500. 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Five Hundred Eighty One Thousand Five Hundred Dollars...... Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 LOS ANG—LES OFFICE: 14718 Pipeline Ave., Ste. B Chino Hills, CA 91709 Ph. (909) 393-9300 Fax. (909) 393-0036 C.W. Driver 15615 Alton Pkwy., # 150 Irvine, CA 92618 Attn: Rimma Gutnik Ph: (949) 261-5100 Fx: (949) 261-5167 Project: Location "REVISED" QUALIFIED SOIL ANCHOR QUOTATION Newport Beach Civic Center & Park 1100 Avocado Newport Beach, CA December 23, 2010 We propose to perform the work below, per all the terms and conditions contained on pages 1 thru 4 attached. Any terms, conditions, forms, or subcontract agreements forwarded to Anderson Drilling prior to bid time are subject to mutual subsequent negotiation, exclusive of those specified in this proposal. Item: Description Qty Unit Price Extension Machine drill, furnish & place Soil anchors and Max. 4,000 PSI grout per the following pricing schedule: 1) Engineering Design 1 LS $ 14,500.00 $ 14,500.001 2) 135 EA.— 6" dia. Soil Anchors -Max 45' deep—Total 5,670 LF 1 LS $ 553,500.00 $ 553,500.001 3) MOBILIZATION TO JOBSITE: 1 EA $ 13,500.00 $ 13,500.00 For additional 6" Dia. pile footage, add @ $ 94.00 per L/F For lesser 6" Dia. pile footage, deduct @ $ 47.00 per L/F One mobilization to jobsite is included above. For additional mobilizations, add the sum of $ 12,500.00 per each drill crew. Stockpiling of drill spoils is specifically excluded. ALT "A": For Anderson Drilling to provide onsite stockpiling and disposal of drill spoils only, add the lump sum of ...$ 12,500.00. ALT "B": For Anderson Drilling to provide installation of 20 ea. 24" x 20' bridge piles add the lump sum of .. , .. $ 113,500.00.* Standby/obstruction/delay drill crew time shall be charged additionally, at the rate of ..... $ 895.00 per each drill crew/hr. Required or requested unmanned standby time, shall be charged additionally, at the rate of: ....... $ 2,950.00 per day. Total Quotation: $ 581,500.00 Page 1 of 4 SAlos angeles regional office\I.a. estimates\kelly shofner\2010 estimates\piles\newport civic center-micropiles\bid review\quote.rev. 1.doc Revised 02.18.05 A. INCLUDED IN PROPOSAL 1. Drilled shaft excavation from top of footing elevation. Anchor installation to be completed at a mutually agreeable elevation, prior to excavation of foundation footing. 2. Furnish and placement of anchor assemblies. 3. Provide and install maximum 4,000 PSI grout to pile cut-off elevations. 4. Performance and proof testing of soil anchors. 5. Engineering Design assistance based upon soil and testing parameters provided in Geotechnical Reports. B. PROPOSAL CLARIFICATIONS 1. The General Contractor and Anderson Drilling shall meet and mutually agree to any proposed project schedule and related sequencing prior to the mobilization of equipment and crews. 2. Available workday of a least 10.0 consecutive hours between 6:00 am to 6:00 pm, Monday through Friday, excluding holidays. 3. The drill unit is NOT a crane. The auxiliary line is intended to service the drill rig and assist with drill tools only; it will NOT be used to hoist other items. C. EXCLUSIONS — work and services that will be provided and paid for by others. 1. Access Continuous, unobstructed, level (minimum 40' wide x minimum 100' high, w/ maximum 3' of drill rig reach provided) access to, from, and at all drilled shaft locations for a conventional drill rig, service crane, concrete trucks, and all support equipment, including all adequate ramps, temporary roads and stabilization of sub -grades, structures, and utilities, and protection of existing improvements (floors, etc...), as required. Continuously provide all traffic control, flaggers and barricades. Provide secure, suitable, minimum 100' x 100' area for buildup and storage of equipment, materials, tanks, and casings. 2. Layout All field engineering and drilled shaft layout including: elevation stakes, cut staking, center staking and offsets prior to and during drilling such that layout is continuously maintained. All grade stakes to include "cut to top of steel" and "cut to top of concrete" elevation information. 3. Utilities Anderson Drilling shall obtain a number for utility mark -out, as required by law; delineation for drill area mark -outs provided by others. Whether overhead or underground, utility location, relocation, protection, de - energizing, and/or removal shall be performed by others, as necessary to provide a safe work -place and to reimburse Anderson Drilling for time lost, equipment damages, and/or relocation costs resulting from failure to do so. 4. Rebar— (This section is not applicable to Anchors. ) Furnishing reinforcement cages to each drilled shaft location, with spacer appliances attached, adequately tied and braced such that cages retain their shape during placement. Rebar cages shall be continuously furnished and delivered to within 25' of each pile location, by General Contractor, so as not to hinder pile installation production. Guying of all reinforcement, which project above grade. The drilled pile rebar cages, if they currently contain square horizontal ties, will require redesign to continuous spiral to allow for the continuous, unobstructed ingress and egress of a concrete placement tremie pipe, 5. Materials Materials (including casings, beams, concrete, timber and reinforcing) will not be ordered until Anderson Drilling receives written notice to purchase materials with appropriate lead-time to meet the mutually agreed to project schedule. Escalation in material costs that are beyond the control of Anderson Drilling will be the sole responsibility of the General Contractor. ANDERSON DRILLING 6. Contaminated and/or Hazardous Material Anderson Drilling shall not be responsible for cost, delays, or damages, including but not limited to cost of removing any contaminated, hazardous, or toxic waste materials discovered within the project area. If work in contaminated areas of the site is requested, and Anderson Drilling is able to complete work in these areas, it is mutually agreed to that a premium charge of 25% will be added to and paid for all unit & hourly items completed in these areas. 7. Additional Exclusions a. Removal of natural, man-made or man -placed obstructions. b. Continuous removal and disposal of all materials, including spoils, groundwater, drilling fluids, (including holding tank laitance) generated by drilled shaft installation, so as not to delay or interfere with drilling or concreting operations. c. Provide, maintain, and restore concrete pump prime and concrete truck clean-out areas. d. Cleaning, curing, chipping, wire brushing, or sandblasting of construction joints/ rebar cage extensions, if required. e. Removal of all concrete laitance and/or concrete over -pour where pile cut-off is below water, and/or due to raveling, groundwater intrusion, etc., including all required chipping and/or jackhammering. f. Installation of any required dowels, anchor bolts, keys, and any formwork. g. Potable water, in volumes as required for construction (minimum 100 GPM), continuously provided within 100 feet of each ground anchor location. h. Diversion of run-off creeks, rivers, and general site surface dewatering around the work area. I. Continuous drill spoils stockpiling and general site preparation, maintenance, and restoration. Regrading or finish grading of construction work areas, stockpile locations and/or haul routes. j. Any/ail city, county or state permits that may be required (except State Contractor's License). k. Hole covering and protection upon completion of drilled shaft pile concreting, as required. i. Night lighting. m. Monitoring, testing (including load tests, integrity tests, furnish and place PVC test tubes, test borings, etc...), inspection (including any/all overtime) and all written reports, including "as - built" plans. n. Dust control, furnishing and continuous maintenance of trash bins/dumpsters, and any/all required street cleaning. o. Shaft stabilization with casing or inspection, including support of shaft inspection. p. Additional costs associated with CalOSHA Mining and Tunneling / MSHA requirements, inspectors, or inspection. q. Liquidated damages. D. INSURANCE AND INDEMNITY 1. We will provide the following insurance coverage: Worker's Compensation- as required by law. Employers Liability with limits of $1,000,000/$1,000,000 ' General Liability with limits of $1,000,000/;1,000,000 Auto Liability- with limits of $1,000,000. 2. Insurance shall be Primary & Non -Contributory. No limit on deductibles. 3. Owner and General Contractor shall be named additional insured in respects to the General Liability Policy. 4. If insurance is provided by the Owner or Contractor, any credits will be calculated using Anderson Drilling's rates. 5. Payment and performance bonds will be charged to the General Contractor at a rate of .7% Page 2 of 4 S",LOS ANGELES Regional Office\L.A. Estimates\Kelly Shofner\2010 Estimates\Piles',Newport Civic Center-Micropiles\Bid Review`,Ouote.Rev. Ldoc 6. Any specialty insurance, including but not limited to, Railroad Protective Insurance, Rigging Insurance, Environmental Impairment Liability, etc, shall be provided by the Owner or General Contractor naming Anderson Drilling as additionally insured. 7. Cancellation Clause is as follows: Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named, but failure to do so shall impose no obligation or liability of any kind upon the insurer, it's agents or representatives. 8. Anderson Drilling shall indemnify the General Contractor and/or Owner with respect to claims that arise directly from the negligence, if any, of Anderson Drilling in performance of the work described herein. 9. A waiver of subrogation may be provided for an additional fee. E. TERMS OF PAYMENT This agreement is conditioned by obtaining approval of satisfactory credit report. Invoice monthly. Payment, in full (no retention withheld), within 30 days of invoice date. Payment for materials delivered to the job site but not installed shall be received within 10 days. Payment by credit card is not accepted. Only conditional lien releases will be given until final payment is received. The price set forth in this quotation is based, in part, upon the parties entering into a subcontract that does not include any paid -when -paid clause. Should Anderson Drilling be required to employ counsel to collect any sums due hereunder, Anderson Drilling shall be entitled to all attorney's fees, costs and expenses incurred whether suit is filed or not. No back charges shall be accepted by Anderson Drilling, unless notified in writing 48 hours in advance of work to be performed on our behalf, and signed for daily by Anderson Drilling. Anderson Drilling reserves the right to remedy any situation once brought to Anderson Drilling's attention. Such issues shall be brought to our attention in a timely manner so as to mitigate delays and added costs. F. DIFFERING SITE CONDITIONS Anderson Drilling shall be entitled to an equitable adjustment to it's price and schedule whenever it's work is adversely affected by encountering any differing, concealed or unknown site conditions (latent conditions) encountered at the project site which were not indicated by the contract documents or soils data furnished at bid time. G. DISPUTES By relying on the price set forth in this Quotation, the recipient agrees that any dispute arising out of or in connection with the Quotation shall be resolved by arbitration to be held in the County in which the project is located in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The prevailing party shall e entitled to reasonable attorney's fees, costs and expenses incurred. H. EXPIRATION Except as otherwise mutually agreed in writing, this document is the complete agreement between the parties and supersedes all other agreement or understanding written or oral. This quotation shall remain in effect for 30 days following the bid date unless accepted in writing or by contract. This quotation is based upon work starting within 180 days of the quotation date. Anderson Drilling reserves the right to add applicable cost increases to labor and materials for delays to the start of work. ANDERSON DRILLING 1. PROJECT SPECIFIC AGREEMENTS: 1. The start date for the anchor installation portion of this project shall be subject to a mutually agreeable pile installation schedule. 2. All hazardous/contaminated materials related work is specifically excluded from this quotation. 3. All drill work shall be completed in a lineal, sequential, segmental manner, with max. 3' of horizontal drill reach req'd. All nonlinear onsite moves required shall be completed, additionally, at the standby/obstruction rates listed on page one of this quotation. 4. Drilling of all manmade/manplaced obstructions encountered within the drilled pile shafts shall be completed, additionally, at the delay/obstruction/standby rate listed on page one of this quotation. 5. Only conventional auger tools will be supplied. Work items such as rock drilling and coring shall be completed and charged additionally, per the standby/obstruction/delay rates listed on page one of this quote. 6. This proposal is based on drilling through the footing and does not include any specialty equipment or sequencing for footing excavation completed prior to anchor installation. 7. Anderson Drilling is not responsible for damage to soil anchors once installed. Extreme caution should be taken during the excavation of the footings so as not damage soil anchors. Any replacement anchors required due to damage will be completed on a "cost plus" basis. 8. Specification section 31 68 00 materials section denotes Grout strength of 7,000 psi. This application appears to be incorrectly referencing specification section 033000 for grout specified for baseplate grout or post —installed anchors and dowels. This grout strength is not consistent with micropile or ground anchor designs or applications. Anderson Drilling has included 4,000 psi grout for all Soil Anchor installation. 9. Alt. "B": Includes installation of 20 each 24" x 20' drilled piles, complete with rebar cages. Continuous traversable, suitable access to all drilled pile locations for a conventional crawler drill rig and support equipment (See C1 on page 2) to be provided by CW Driver. J. PROJECT BID DOCUMENTS/DRAWINGS/DISCUSSIONS: 1. Plans and specifications prepared by Bohlin Cywinski Jackson dated November 18, 2010. 2. Geotechnical report prepared by Leighton Consulting dated April 2, 2010. SJA, Inc. d.b.a. ANDERSON DRILLING 0 1' j By. Kelly Shote Date: December 23 2010 Title:Proiect Manager Contractors License No.: 419525A Accepted By: General Contractor By: Date: Authorized Representative Contractors License No.: Title: Page 3 of 4 S:\LOS ANGELES Regional Office\LA. Estimates\Kelly Shofner\2010 Estimates\PileslNewport Civic Center-Micropiles\Bid Review\Quote.Rev. 1.doc ANDERSON DRILLING S,a-Fety is the #1 priority at Anderson Drilling and we are very proud of our outstanding safety results. In ,addition to numerous commendations from General Contractors, we have also received two important industry awards: the 2007 Outstanding Safety Award for industry contractors working more than 100,000 hours, and the 2007 Rick Marshall Commitment to Excellence in Safety Award. One objective measure of a company's safety results is their Experience Modification Factor. Ours is currently an outstanding .73. In addition to the drilling expertise we bring to a job, we also provide a safety conscious work force committed to continuing our strong safety tradition. Our Safety Program includes, but is not limited to the following items: Provided to each employee upon hire. Each employee is to read and 1. Injury & Illness Prevention Program (IIP) acknowledge by way of a signed statement that he/she will adhere to the IIP. 2. New Hire Training Provided by dispatcher prior to being dispatched to jobsite. A record is kept of all employees having received this training. To be performed by the Safety Compliance Institute and/or by qualified 3. On -Going Training Anderson Drilling employees as it applies. Classes are made available to employees that need this requirement. 4. Competent Person Training Participation is tracked. First Aid Training Provided by the Red Cross or other approved programs for all employees 5. that choose to participate. Mandatory for all Supervisors. Provided by the Red Cross or other approved programs for all employees 6, CPR Training that choose to participate. Mandatory for all supervisors. On-going safety issues are discussed as well as new products, equipment, 7. Semi Annual Supervisor's Meeting and/or ideas. Senior Management Team meetings include safety related agenda topics 8. Quarterly Upper Level Management Meeting that can include Safety Inspection Reports, Reports of unsafe conditions, Accident Investigation Reports, Safety Meeting Training Report, etc. On a weekly basis, each supervisor is to hold a safety meeting to discuss /af�a�/iv NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM r,,eA Ski®a�ir� ln�. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: A013 Z prI 1111 c6pne-rrll- /P/ ?�-s (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. f , 2 , , and , on file at the office of C. W. Driver, BASE BID: $ �%`7�, 7Z(% TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) %�OGJ/ �l�.�prrro/Sr�J�y �'tir1`hoHf9rp�f�l�'rldJHr®irp��r�lj�� Oy/�.I.�S The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: / "'/Tyle .4 T&dOwH) Add/Delete (select): ...................................................... < $ :;,/ 00 /_r (UOM)> Unit Cost No. 2: / (7 -Me '6 Add/Delete (select): ...................................................... < $ S( —.00/ "% (UOM)> Unit Cost No. 3: /- 3�`/ l-yple e rlel0r '/, Add/Delete (select):...................................................... < $ .97 —.00/ "% (UOM)> ALTERNATES: (Only i f Speci fica►ly Requested by Bid Package, sum includes al► applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($, ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes _X_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ V 8OO — 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ /y; (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: _X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Sh01707M Position/Title: Name: PAVe .S�y,/°r Position/Title: 111!l — Name: '��� l/�'fo� Position/Title: �� Xofer/' Name: l� ✓rhti�P Position/Title: feeo'Y��'Y (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Alf A!5_ Ye Expiration Date: /&��Zvi2 Class of License (Note: I f the bidder is a joint venture, each member o f the joint venture must include the above information.) BID CERTIFICATION: I, Sh'Phew /yGCi,iloyy,4 the mon-go/�-" of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this ZZ- day of 2010 at dan�r� �o5f� County, California. Legal Name of Bidder P,-/;// Tre-h e BySfTp�/rr /'! Signatures of Bidder: Title: ��%r�� M�r"rSrr Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers j:rcers or agents and the document shall bear the corporate seal, if bidder is. a partnership, the true name o f the firm shag be set forth above together with the signature. of the partner or partners -authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: Z2Dd �✓fr '"r WA A/7 Telephone: j/25/°f7r-90: of Email Address: !rlr e "I-Illlf-11711i/O• 401" Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ZBid Form u Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non-prequali fled bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM DONALD B. MURPHY CONTRACTORS, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 3.2 GROUND ANCHORS AND DRILLED PIERS (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , , and 2 , on file at the office of C. W. Driver, BASE BID: $ 854,330.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Eight -hundred Fifty-four thousand and Three -hundred thirty Dollars. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Tiedown Anchors Per LF (ADD) Add/ice( Y(select):..... ................................................. < $ 100.00/ LF (UOM)> Unit Cost No. 2: Drilled Piers (ADD) Add/Delete (select): ...................................................... < $ 325 .00 / LF (UOM)> Unit Cost No. 3: Mohilization (ADD) Add/Delete (select):......................................................< $ 112, 155.00/LS (UOM)> ALTERNATES: (Only ifSpecifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: N/A Add /Deduct (select) ($ ) ALTERNATE No. 2: N/A Add /Deduct (select) ($ ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3, Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 8,579.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 36, 605 . 00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 10 °s Bid Bond or xxxxxxxxx 9. Non -collusion affidavit is attached hereto. Certified check, cashier's check or cash (circle one). 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Position/Title: Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person iso corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all Individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: 462599 License No. : �P. Expiration Date:'"� Class of License A (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, taevy\ �� tet% -`"`� , the7�' �of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this t a day of OQWv- A- 2010 at , !Sc" j County, California. Legal Name of Bidder Donald B. Murphy Contractors, Inc. By Signatures of Bidder: Title: &,-,y Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Donald B. Murphy Contractors, Inc (Southwest) 634 Rock Springs Road Escondido, California 92025 Telephone: (760) 233-5888 Email Address: rickw@dbmcm . com Newport Beach Civic Center and Park Prolect, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond X❑ Designation of Subcontractors 71 Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Malcolm .Drilling Company, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 003.2 Soil Anchors (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $ 605,863.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Six Hundred Five Thousand, Eight Hundred Sixty Three & 00/100 Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Additional Soil Anchor Lenath _ Add/Delete (select): ...................................................... < $ 44 .00 / LF (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ........................... .......................... < $ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: N/A Add /Deduct (select) ($, ALTERNATE No. 2: Add /Deduct (select) ($ N/A ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November S, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,800 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 1-1/ X63 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 10% Bid Bond or N/A . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Conti -actors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Timothy Smith Position/Title: Vice President Name: Name: Name: Position/Title: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer-, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date Class of License 259543 July 31, 2012 C61/D09 A (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Timothy Smith , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Malcolm Drilling Company, Inc. By Signatures of Bidder:Title: Title: lam' gin. NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above _together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 4926 N Azusa Canyon Road Irwindale, CA 91706 Telephone: (626) 338-0035 Email Address: tsmith(c-t)malcolmdrilling.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front o f the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ❑ X Bid Form F Bid Bond FDesignation of Subcontractors F Non -Collusion Affidavit 17 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM SHORING ENGINEERS Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: Soil Anchors CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 003.2 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 and , on file at the office of C. W. Driver, BASE BID: $ 531, 260.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Five hundred thirty one thousand two hundred sixty dollars and zero cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete(select):......................................................<$ ,00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ —.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Bid based on approximately 5,239 if of ground anchor; length adjustment rate at Add /Deduct (select) ($ $91.00 per lineal foot ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 5,260,00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 7,300.10 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: George Woodley, Jr. Position/Title: Vice President Name: Janice Woodley Position/Title: Secretary _ Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: 245416 License No. : Expiration Date: April 30, 2011 A Class of License (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: George Woodley, Jr. Vice President I, ,the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Santa Fe Springs Los Angeles County, California. Legal Name of Bidder Shoring Engineers BY George Woodley, Jr. - Signatures of Bidder:`- Title: ge��Title: Vice President Secretary NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. 12645 Clark Street Business Address: Telephone: Santa Fe Springs, California 90670 (562) 944-9331 george@shoringengineers.com Email Address: Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ❑x Bid Bond ❑x Designation of Subcontractors Non -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM FRANK S. SMITH MASONRY, INC. Company TO: C. W. Driver, 15615 Alton parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and In compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time Stipulated, the Contract, including all of its component parts, and everything required to be performed, Including Its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 004.1 MASONRY MASONRY (pescripdon of Bid Package) All In strict conformity with the drawings and specifications and other Project Documents, Including addenda nos. 1 2 and , on file at the office of C. W. Driver, BASE BID,; $ 1,190, 330.00 TOTAL BASE BID (includes all applicable taxes and cost, or for the sum of (in words) ONE MILLION ONE HUNDRED NINETY THOUSAND THREE HUNDRED THIRTY AND 00/100 The bidder will enter all bid amounts in words and In numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs, (Write in the unit price or alternate description) Unit Cost No, 1: Add/Delete (select): ........................ ........... . ................--e$ '00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ..................................................,,..<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete(select):......................................................<$ .001 (UOM)> ALTERNATES. (OnlyIf S ecifically Requested by 81c1 Package, sum include aii ap�lfcabie taxes and costs) ALTERNATE No. I: Add /Deduct (select) ($. } ALTERNATE No, 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($. } ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment, Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates Is at the sole discretion of C. W, Driver and in no way affects or invalidates any part of this Bid Proposal, Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has Included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount Is $ 4. Insurance: Bidder warrants that It has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents, As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP In the amount of $ 16,970-00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the Instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, Including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline, 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase ill Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Nem, Lmknls; cwt MCA ony--wT c . Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: _ y J "& V. QP -nee (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. k _, �2- , and , on file at the office of C. W. Driver, BASE BID: (� $TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (innwTorddss)' , , _ , t ► 11 !� i / e t _ _ 1 considered binding. k Com/ S event of a discrepancy, the words will be Newport Beach Civic Center and Park Project, Phase III C Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ......................................................< $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :.... ..................................................< $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with thMat rs. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price e�xc udes cost of premiums for insurance covered by the OCIP in the amount of$� - , ��)- (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested �irn,the foregoing proposal as principals are as follows: Name: � �+(1s t�l,� t �U I.C` Position/Title: Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, b e n -n kJ J Ih 'JhSCr L_r , the 2,(P J P,.0-� of the bidder, hereby certify under penalty of perjury unger the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this i �a r �" day of 6 eC%ej ► X2010 aty1 1� rn: County, California. Legal Name of Bidder (%,t � i tn'�e'Vl`;�� l``N' �Cx ��f`%t/1 r`i✓-f--�-'✓�(. BY n 4d Signatures of Bidder: Title:�i� Title: NOTE: If bidder is a corpkdtion, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: V "'Ala P 1(-)'CfL C'A 92,10 Telephone: t_ L2 B , 2—] 'C 5)I nc:C ' Email Address: Bidders are reminded to include all items in an opaque sealed envelope with tfFe bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond © Designation of Subcontractors KI Non -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM GRIFFITH COMPANY Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 004.1 MASONRY (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 . 2 . , and , on file at the office of C. W. Driver, BASE BID: $1 9 -1 I, 64 TOTAL BASE BID (includes all applicable taxes and cost; or for th sum 9of (in words& )S GA.lA- L. N.11 LL,.6nX&, The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3 Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES• (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ L4 , , 37 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 9 , 8' &(0 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: ASS �'T'p DISTRICT Name: Position/Title:NA' Name: Position/Title:ASSISTANT SECRETARY Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) GRIFFITH COMPANY Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 1 MaryL Mccee i assisisec i ,aoiu�resiouRui NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 88 Expiration Date: 9/30/2012 Class of License A, B, C8, C1 2, C27 (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: RYAN J AUKERMAN the ASSIST. DIST. MGR. of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 1 5th day of DECEMBER 2010 at SANTA FE SPRINGS LOS ANGELESCounty, California. Legal Name of Bidder By GRIFFITH COMPANY RYAN J AUKERMAN Q Signatures of Bidder: V- Nk�t— Title: Ac;STST DTST MGR Title: ASSIST SEC MTf RY L . MCGEE NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be ploced above. Business Address: Telephone: Email Address: GRIFFITH COMPANY 12200 BLOOMFIELD AVENUE 562-929-1128 raukerman@griffithcompany.net Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ZBid Form Bid Bond RfDesignation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non-prequalifted bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Carnevale & Lohr, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 004.2 Stone Veneer, Stone Pavers (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $ 3,634,490.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three million six hundred thirty four thousand four hundred ninet-Y dollal The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: N/A Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and MS Customs sound control underlayment ALTERNATE No. I: in lieu of Regupol—Otrbm by Ecore Add /Deduct (select) ($ 15,000.00 ) ALTERNATE No. 2: Pacific Blue Limestone in lieu of Ruoms Licht Add /Deduct (select) ($ 4 4 6, 0 0 0. 0 0 ALTERNATE No. 3: Salt & Pepper Cobblestones in lieu of Phoenix G-CaY Add /Deduct (select) ($ 60,200.00 ) ALTERNATENo.4: Furnish and install cast stone steps at San Miguel- BridgE Add /Deduct (select) ($ 20,750.00 Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE ill Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 35, 980.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 6 9 , 018 . 0 0 (NOTE: Successful bidder will be required to maintain their General Liability andAutomotive insurance coverage for all offsite work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 10% Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Louie Carnevale Position/Title: President/CEO Name: Edmund B. Lohr IV Position/Title: Vice President/RMO Name: David Carnevale Position/Title: Vice President Name: Michael Carnevale Position/Title: CEO / LEED AP (IMPORTANT NOTICE: 1 f bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 179902 Expiration Date: 10/31/2011 Class of License C-29 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Louie Carnevale , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Bell Gardens, Los Angeles County, California. Legal Name of Bidder Carnevale & Lohr, Inc. By Louie Carnevale ; Edmund B. Lohr IV Signatures of Bidder: Title: President Title: Vice President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures Of authorized officers or agents and the document shall bear the corporate seat, • if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 6521 Clara Street Bell Gardens, CA 90201 Telephone: (562) 927-8311 Email Address: info@carnevaleandlohr.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form 7Bid Bond Designation of Subcontractors Non -Collusion Affidavit FInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 Italian Marble &'T'i1e Co., luc- 12 Sylmar, Fernando A 9134 Rd. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 00 b,F6- Vg-Qewie� Z S-rp (Description of Bid Pockoge) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2— , and , on file at the office of C. W. Driver, BASE BID. 00c 7 � O3 $ 3, 10, &t� 0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ' f The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 Italian Marble & Tlla Co., bw. 12426 San Fernando Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ............................................ .......... < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES: (Only if Uecif cally Requested by Bid Package sum includes all applicable taxes and costs) ALTERNATE No. 1:10 Uiwr,�/RTST� Add / educt (select) ($ , (rod ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 Ytaaian; IVliat%e & Tile Co., bic. 12426 San Fernando Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect, Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: A/— Yes No WA -4 IW % WM *r r4- Lprorawt J)ft'V 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ a, C7LX60. 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders pr"excludes cost of premiums for insurance covered by the OCIP in the amount of $ c3� d (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 Man Marble & lila Co., Im. 12426 San Fernando Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: /Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: eHrae c,cs A -.t 0 Position/Title: Name:l.1!�Whf'461rPosition/Title: Name: 4AES& X10dec Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 19Aan MAtbk & 7U6 C0., TftC. 12426 San Fernando X6, Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License License No.: X2828 Expiration Date: q/.3 0/2-01 Z.- d Class of License I �� • •�� �``' 7 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: , rf j the Vic ir- �� T of the bidder, hereby certi�unr penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connect'Lon with this bid and all of the representatipns mad herein are true and correct. Executed on this ��_day of X2010 at k% PS hal County, California. 0 Legal Name of Bidder `esi mer— Signatures of :.. _ '. NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is on individual, his or her signature shall be placed above. Business Address: Zq?.5A1k 1 E .SYL.t°7 CA- 91,126 Telephone: Email Address: -'fkVj Q -1rAJA*J Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 Mian 1WlAlW & A liG Co., Inc. 1.2426 San Fernando Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: {� Bid Form Bid Bond ❑ Designation of Subcontractors �J/?r Non -Collusion Affidavit ❑ Information Required of Bidders (for non-prequalif ed bid packages) Se, AT QuctI t �',Ccl"ttaYiS C1vii. lcXL'�0So0ria5 Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 9, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE ( l BID PACKAGE NUMBER: `"' 0 _- p � 1��ti�� (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. !Z, , and , on file at the office of C. W. Driver, BASE ', BID: C� $ `t -'~TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Stl�m t � The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ .001 (UOM)> Unit Cost No, 2: Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: �>A+,� M��QeL "Z,1J?<iC-- laz Ad �� /De ict (select) ($ "* w ALTERNATE No. 2: Add /Deduct (select) ($, ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment, Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ rjzoo. 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP�Au ers price excl, des cost of premiums for insurance covered by the OCIP in the amount of $YQuccessful bidder wi11 be required to maintain their Genera! Liability anotive insurance coverage for all o f f site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidders has attached the required bid security in the amount of not less than 10% of the Bid as follows: v Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Pravin Patel Position/Title: Psi- i m;; i-.nr Name: Gail Sherwood Position/Title: President Name: Name: R. Dru Wyeth Position/Title: Vice President Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full,) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: 940223 11/30/2011 Class of License C51 (Note: if the bidder is a joint venture, each member of the joint venture must include the above information.) BiD CERTIFICATION: j, R. Dru Wyeth , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 14th day of December 2010 at Gilbert, Rt#XCAfR MtLaxx Maricopa County, Arizona. Legal Name of Bidder S & H Steel Co., Inc. B R. Dru Wyeth Y Signatures of Bidder: /L���li '� Title: Vice President Title: President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 620 W. Commerce Avenue Gilbert, AZ 85233 Telephone: 480--926-6062 Email Address: pravin@shsteelaz.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM SME Steel Contractors Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 005.1 Structural Steel (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, pAsg 810 $ 8, 142, 652 .00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Eight Million,One Hundred Forty -Two Thousand,Six Hundred Fifty -Two Dollars and 00/100 The bidder will enter all bid amounts in words and in numbers. in the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase Ili Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. l: Beam penetrations (Item 2a) Add/lbim} elect): ...................................................... < $ 2 5 0 .00 / each (UOM)> Unit Cost No. 2: Beam penetrations ( Item 2b) AddMM select):......................................................<$ 320 .001 each (UOM)> Unit CostNo.3: Beam penetrations (Item 2c) AddOSIMTselect):......................................................<$ 280 .00/each (UOM)> Beam penetrations (Item 2d) Add 340.00/each ALTERNATES: (Only Shed frcally Requested by Bid Package sum includes all applicable taxes and a s ALTERNATE No. I: San Miguel Pedestrian Bridge Add /R9*MV,(select) ($ 3 2 3, 5 7 2. 0 0 ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No, 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings aanounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 50,095.00 4, Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 50,649.00 (NOTE: Successful bidder will be required to maintain their General Liability andAutomotive insurance coverage for all offsite f'site work throughout the duration of their Contract.), 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase Ili Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum Z 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Wayne Searle Position/Title: President Name: Gordon Holladay Position/Title: CFO Name: Ron Long Position/Title: Vice President Sales Name: Angela Jones Position/Title: Regional Sales Manager (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase 111 Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors.- License ontractors:License No. 643535 Expiration Date: Class of License 4/30/12 C51 (Note: I fthe bidder is a joint venture, each member of the joint venture must include rhe above information) BID CERTIFICATION: 1 Angela Jones , the Regional Sales Manager of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made hhsft e and correct. Executed on this 16th day of December 2010 at Orange !G N P County, California./�� C���.. Legal Name of Bidder SME Steel Contractors By Angela Jones Signatures of Bidder: M Co Li U n O, err t - a Title: President V Title: CEO NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, tine true name o f the firm shall be set forth above together with the signature of the partner or partners auMorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 19200 Von Karman Avenue Suite 429 Telephone: Email Address: Irvine, CA (949) 622-5433 ajones@smesteel.com Bidders are reminded to include ail items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: © Bid Form Q'''' Bid Bond ElDesignation of Subcontractors V1 Non -Collusion Affidavit ElInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM V/ z5- w Steel Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 005. 1 Structural Steel (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 NA NA , and 2 , on file at the office of C. W. Driver, BASE BID: 8,895,000.00 (in words) eight million TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of eight hundred ninety-five thousand dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: NA Add/Delete (select): ...................................................... < $ .001 (UOM)> Unit Cost No. 2 NA Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: NA Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES (Only ifSpecifically Requested by Sid Package sum includes all applicable taxes and costs ALTERNATE No. I: San Miguel Pedestrian Bridge Detail S1.31 Add /Deduct (select) ($ 5 7 5, 0 0 0. 0 0 ALTERNATE No. 2: PV Supports Detail 7/S5. 11 Add /Deduct (select) ($ 45,000.00 ALTERNATE No. 3: Add /Deduct (select) ($, NA ALTERNATE No. 4: NA Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3, Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 88, 950 - 0 0 4, Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $_16 0, 4 94 . 00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Yes Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Charles L. Gossage Position/Title: Regional Manager Name: Rick Cooper Position/Title: _President Name: Name: Pat Hare Position/Title: Chief Financial officer Position/Title: (IMPORTANT NOTICE if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase 111 Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE ill Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 421843 Expiration Date: April 30, 2 012 Class of License C51 (Note, I fthe bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Charles L. Gossage , the Regional Manager of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 2 0 day of December 2010 at orange County, California. Legal Name of Bidder W & W Steel Company By Charles L. Gossage Signatures of Bidder: 2Aag%Title: Title: Regional. Manager NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: 23152 Verdugo Drive Suite 150 Laguna Hills, CA 949-859-7182 cgossage@wwsteel.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form a Bid Bond Designation of Subcontractors Non -Collusion Affidavit 1-1 Information Required of Bidders (for non-prequoli fired bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM 'J-32cf,1 �� ��(r�,ep�.csa Ziac . �35a: i� a�-TI.1 M�� • Go. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and In compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: Q0.-.1 6"1"t2UC.TU1ZA S-rEC. ! (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos, I , Z. —,and— , on file at the office of C. W. Driver, BASTE BID: $ q,"1 q L4. 00C) Ob--) TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding, Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT CQ5TS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each. unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No, 1: Add/Delete (select): .....................................< $ 97 (UOM)> Unit Cost No, 2: Add/Delete (select): ........................ ........... (UOM)> ............<$ .001 Unit Cost No. AddlE elete (select) :................................ (UOM)> ALTERNATES: {Only i f Specifically ReQuested by Bid Package, sum includes ali applicable taxes and casts , / ALTERNATE No. I: .K=-ya ! 4C 1/QQ ZY .Sya! '"T746a6Am> -60 /Deeleet (select) ($ "77% Opo S!- ^} ALTERNATE No. 2Gi) -r,..lb 4u4-p4e:z,,, ! Io i A44 /int (select) ($ �AGsA ALTERNATE No.X i� .l�:.V�l Ad /Gedaet (select) ($ 6 76 =a Eby ct, ) ALTERNATE No,t 60/Q I-� D 442 Fac F'ry IOb FAGi.I iW /De4uet (select) ($ S -Q °ted GAG A � A 4 r c.;P- m4m nb.d.Sxx i °b1e� Eac.t w Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project, Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes +"' No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 60, 2 56 50 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 13, Q 6 8. 00 (NOTE. Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all offsite j"site work throughout the duration of their Contract.). 5, The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein, The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. i. Bidder understands that the Bid Documents and Bid f=orm take precedence and supersede any conflicting: verbal Instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Page 3 of 6 Bid Form November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: _wZBid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: _J0 -"4,J :?>#W 7ZW , U;i' . Position/Title: 5a -D-11- T_ Name: A-A+d -B A W,4.z 2 Position/Title: Vara - F&> z6;r=>e.-4r Name: 13taUK r-oJ4 Position/Title: _, a -e -4g- /key/ Name: __ - 4�PAr2 r)_V "T". r~ k Position/Title: G ec (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: "7153 9 Expiration Date: 11136 f / 1 Class of License A. B, G 5 I. (Note: if the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, _ :k5i-1i4 3RUdVO/1, die, the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 910 day of J_Dar-e4-hex, 2010 at Lcr, , Atle,&1s' S County, California. Legal Name of Bidder U1.1 t DkI N rta+ _Lntc , y _A,'. By -� a H �l __6 Signatures of Bidder: Title: T3?�i Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 6915 AVE . -5'A14TA �� ��o2..zn14-6 Ga 90676) Telephone: L56;.) '945-001-5 Email Address: ..-Td El" (V '724-46w Al •InOM Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 6, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Eckles Construction, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 005.2 Metal Deck (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID. $ 701,950.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Seven hundred one thousand nine hundred fifty dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): .................................................... .< $ 00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ........................................................ C $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):........................................................ $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package. sum includes al► alsplicable taxes and costs ALTERNATE No. I: San Miguel Bridge Add /%M& (select) ($ 16 , 4 8 0 . 0 0 ) ALTERNATE No. 2: Cut and patch deck at posts for Py panels (7,LR5.11) Add /MK& (select) ($ 5,840.00 ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder rna:y suggest alternate materials and methods that will provide a cost savings to the project Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment Suggested alternates shall be complete and functional in every respect Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 5,020.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 11 , 510 . 0 0 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less t'nan 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this hid is mailed, telegraphed; or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Gary B. Eckles Position/Title: President Name: Sandra L. Eckles Position/Title: Treasurer Name: Brett A. Eckles Position/Title: Vice President Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual state first and lost names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifier that he is licensed in accordance with the law providing for the registration, of Contractors: License No.: 312536 Expiration Date: 8/31/12 Class of License B, C 4 3, C 5 0, C51 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Gary B. Eckles the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct Executed on this 10 day of December 2010 at Orange County, California. Legal Name of Bidder Eckles Construction, Inc. By Gary B. Eckles Signatures of Bidder: - ak Title: President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 8907 Warrier Ave. Ste 239 Huntington Beach, CA 92647 Telephone: 714-843-5831 Email Address: garyeckles@ecklesconstruction.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: X❑ Bid Form X❑ Bid Bond 7 Designation of Subcontractors X❑ Non -Collusion Affidavit F1Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Iii — COMPLETION PACKAGE BID PACKAGE NUMBER: GX P 51F (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 Z X , and X on file at the office of C. W. Driver, BASE BID; $ �%✓O) ago. CX> TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) �4" j"tdtJDR.O'D tJSA-i..l`D AIL� - tf�-ttil r►td .oftS The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: G 'P, -R Ey# IS rr G N ` 1'7 Add/Delete (select): ......................` 5 < $ '22-S .00 / P_ (UOM)> Unit Cost No. 2: Z,`r/e "T iA&C 111 ` 18 Add/Delete (select): ................ ....Av AS ....< $ 2 .00 / f'R, (UOM)> Unit Cost No. 3: 440(' It> 17 F-1 09 470 YDA%1.S Add/Delete (select) :... . ........................ . ......................... <$ (Oi 000 .00 /LUM..P(UOM)> ALTERNATES: (0n1y I f aecirmally Requested by Bid Package, sum includes all applicable taxes and 9-0-SLSI ALTERNATE No. I: No►JE Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 6, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes ✓ No 3. Bonds: Bidder has included In the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ .7,!s-1 • Da 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for Insurance covered by the OCIP in the amount of $ 114-02. • oo (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all of j'site work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that Its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or VI -11 -1116 $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit Is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid 1s mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract In the form attached hereto, without modification, In accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Lf3 -K` OAiJP Position/Title: C.94? Name: Name: Name: Position/Title: Position/Title: PositioniTitle: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License CST (Note: If the bidder Is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, 5th. ��`TR;Z S theof the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the Information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 day of _ "Ts&,F32010 at TLA cia-P- -.-F County, California. Legal Name of Bidder —Sb2- , , °` is By Signatures of Bidder: �. Title: M`iilA/A11�,R Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 2-310 v" Telephone: —2-15-6 Email Address: . Q_�\ Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ET Bid Form ❑ Bid Bond 17-+1'711'0 ❑ Designation of Subcontractors ❑ Non -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase Ili Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 r •• Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the worl< required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: oC)5 r'Z (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I—, 2 , and , on file at the office of C. W. Driver, BASE BID: $ �) TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of Alt The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 -VQ9- C tarp . NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES: (Only if Sbecif+caliv Requested by Bid Package. sum includes all no-blicable taxes and COSYS ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ L 0 C)0 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $'-� tQ (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Pravin Patel Position/Title: Fct-imor Name: Name: Name: Gail Sherwood Position/Title: President R. Dru Wyeth Position/Title: Vice President Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 940223 Expiration Date: 11/30/2011 Class of License C51 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: 1, R. Dru Wyeth , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 14th day of December 2010 at Gilbert, XXXX}RtX,>6;pkfRxx Maricopa County, Arizona. Legal Name of Bidder S & H Steel Co., Inc. By. R. Dru Wyeth Signatures of Bidder; aL%� 1- Title: Vice President Title: President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers •iters or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 620 W . Commerce Avenue Gilbert, AZ 85233 Telephone: Email Address: 480-926-6062 pravin@shsteelaz.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM kwN tr'l a - To"o500 GorAPAN-( Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 005 -'Z M e-rAl L oacloc (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 5 2 3, C OO • o_ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) �iyF NUNOR�"TvU�N`T'`( T�R�'E Ti-lt�z5�ar.�0 S►�c �uNoft,+�,i� 8� The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ —.00/—(UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES: (Only i f Speci fically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: QT ANp SUP R. T ".5 POSTS Fo 1Z 2 -PV SYS. (7/SS.t(D)9*9X' (select) ($ ALTERNATE No. 2: To NI.AJO Bic Ido cents in ilea o F 30 Jae'l-r Ad / (select) ($ ((,©c=10- ) ALTERNATE No. 3: To �,(Ck 15 J ')O Jct�'T ►r1 (tea OF -30 44!1 ' P Add / (select) ($ 2-2,c o.— ) ALTERNATE No. 4: Z7f' 5�mt i`rlttii H, 14 Add / t (select) ($ 1©, 000._ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: � Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for Do - insurance covered by the OCIP in the amount of $ 20o." (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names ofli�� rfsnsi�teresE int foregoing proposal as principals are as follows: Name: -=%�'` ` ' ' Position/Title: m WESt�ENT Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: (0512 s s Expiration Date: 8012012. Class of License $ C2.JC9'C.lt3j Gt�% GtS C �,G�`� C-61 (Note: If the bidder is a joint vveentu e, each member of��`fnt vveentur�e must include the above information.) BID CERTIFICATION: 1, AMDREN—W 1DRA , theN1ACC pal® E:bq of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this Ifip _day of Q&eNJ9M 2010 at LOS "EMS County, California. Legal Name of Bidder �N�- ot�IJ��Oe'`1 EN" By Signatures of Bidder: Title: 4%*MeSy VP1"r Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: A144106 -304050I4 COMPAtA%4 P+-4lSG GA 917 Telephone: (61160. (09 • / Is I Email Address: Toot Ao4ls eA tAr%%t46Tc*th150'-A. COM Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ® Bid Bond Designation of Subcontractors Non -Collusion Affidavit XInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM The McIntyre Company Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 005.2 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1, and 2 , on file at the office of C. W. Driver, BASE BID: $ 594,450. 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Five Hundred Ninety Four Thousand Four Hundred Fifty Dollars. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ —.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($, ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($. ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered -in d—etermining the responsive low-b-Idder. Bidder has attached Bidder Suggested Alternates: Yes X_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4, 600.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 18.090.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Scott D. McIntyre Position/Title: V.P. /Partner Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License 3/31/2012 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information,) BID CERTIFICATION: I, Scott McIntyre —the V P/Partner of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th ._day of December 2010 at Pomona, Lor Angeles County, California. Legal Name of Bidder The McIntyre Company. By Scott McIntyre VP/PARTNER Signatures of Bidder: Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 872 Towne Center Drive Pomona, CA 91767 Telephone: (909) 962-•6322 Email Address: Gmr i ntyrn(daustdprki r . ram Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: dBid Form 121"/ Bid Bond 12 Designation of Subcontractors u Non -Collusion Affidavit F1Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BICC FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 00' _3 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , 'I , and , on file at the office of C. W. Driver, BASE BID: $ �> e05'2- TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of ,(in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ —...00 /, Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.004 Unit Cost No. 3: (UOM)> (UOM)> Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Sid Package sum includes all applicable taxes and c" Sts No. 1: oAddDe rt (select) ($ L t O ) ALTERNATE No. 2 Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ y.,�.�A I LS Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes +/ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 19 Qk1;z) 4. Insurance: Bidder warrants that It has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price exccil des cost of premiums for r "r insurance covered by the OCIP in the amount of $ �- (NOTE: Successful bidder will be required to maintain their General Liability and Au omotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Pians and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job Ovalle and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase ill Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has at hed the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Pravin_ Patel. Position/Title: E s t i Name: Name: Name: Gail. Sherwood R. Dru Wyeth Position/Title: President Position/Title: Vice President Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legof name of corporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of ali individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13, Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: 940223 11/30/2011 Class of License C51 (Note: 1f the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, R. Dru Wyeth the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bidandall the representationsmade herein are true and correct. Executed on this 1 4th day ofDecember 2010 at Gilbert, _xx ,)c R%XCX*fR5 xx Maricopa County, Arizona. Legal Name of Bidder S & H Steel Co., Inc. By R. Dru Wyeth Signatures of Bidder: IL 0 Title: Vice President Title: President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is on individual, his or her signature shall be -placed above. Business Address: 620 W. Commerce Avenue T Gilbert, Az 85233 Telephone: 480--926-6062 Email Address: pravi.n@shsteelaz.com Bidders ore reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Southwest Steel of California Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 005.3 Miscellaneous & Orn Metals (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 2 , , and , on file at the office of C. W. Driver, BASE BID: $2,275,421 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two million two hundred seventy five thousand four hundred twenty one dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page 1 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE ill Addendum 2 UNlTCOSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1 Add/Delete (select): ................................................. I .... < Unit Cost No. 2 Add/Delete (select): ...................................................... < $ Unit Cost No. 3: .001 (UOM)> .00/ (UOM)> Add/Delete (select)...................................................... < $ —.00/ (UOM)> ALTERNATES• (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Misc & Orn at San Miguel Pedestrian Bridge Add /Deduct (select) ($ 2 6 9, 3 7 0 ALTERNATE No. 2: Custom steel picnic tables and benches Add /Deduct (select) ($ N/A per addendum 42 ) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2, Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 17, 4 2 0 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 17 , 02 0 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 106 Bid Bond or Certified check, cashier's check or cash (circle one), 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Stephen Andree Position/Title: Name. Gordon Holladay Position/Title: Name: Christian klink Name: President Treasurer Position/Title: Dir of: Preconstruction Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a copartnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase 111 Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License 92,G22r. 7 -Z't 2dt t G5! (Note: If the bidder is ajoin(venture, each member of the joint venture must include the above information.) BID CERTIFICATION: ��'jYtD-t•1 c�• ��fa� �, the vie -_ or, of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this day of _20 i Oat Gerrrtey;-�-a�tfarrri�: Legal Name of Bidder S-Veet'tr ckg Lt-t)Eltl- By <2u cz�,s i t +�.na ....� V t , "\14- Signatures of Bidder: __� __Title: t>.1a of fl�ca>as� Title: NOTE: If bidder is a corporation, the legal name of die corporation shall be set forth above together with authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth obove together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is on individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: IzEv 151uNpAt1 p_va. ��>oN Ho llotl Bidders ore reminded to include oil items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: F1 Bid Form ❑x Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, includingall of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 — COMPLETION PACKAGE BID PACKAGE NUMBER: (%OBJ. t) nZ5�daoe,ovt) c��A oywwwW MeAajee) (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. -2. ,/,and . / , on file at the office of C, W. Driver, BASE BID: $ 24, 0 C 5, � (0 5 .� TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) _r0O U & At � O t-- ZL The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: �A / �t Add/Delete (select): ...................................................... < $. Unit Cost No. 2: t'j //" .00/ (UOM)> Add/Delete (select): ...................................................... < $ .00/ Unit Cost No. 3: 1'%/ At Add/Delete (select):...................................................... < $ (UOM)> 00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum inciudes all Mfirgble taxes and costs ALTERNATE No. I _> educt (select) ($__ t d Add / 7J- ) ALTERNATE No. 2: t'j /A Add /Deduct (select) ($. ALTERNATE No. 3: i -J /�` Add /Deduct (select) ($ ALTERNATE No, 4: i.2 /N Add /Deduct (select) ($, Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 2 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the I nstructions to Bidders. The value of payment and performance included in the base bid amount is $ 2-11 �b A l _�v 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 'L.5, Co . a (NOTE: Successful bidder will be required to maintain their General babilq and Automotive insurance coverage for off off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase ill Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ill Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: ` Bid Bond or $ Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Position/Title: Name: Position/Title: Name: Position/Title: Name: Position/Title: f1MPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: Class of License Z)�5�)vb�) 1��J1/11 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID �CERTIFICATION: �_' I', �` \ V U 1. 1 1 the �� nk �f-Vl� I Cq—O of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this Zi day of 2-P.CSM?_ 2010 at O`�tX�f1gP LXGt� County, California. Nn Legal Name of Bidder r✓� 1 i `�\� ��C M �YeA of ,-bwc � l Signatures of Bidder: Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers jrcers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: e v' Telephone: �q `D k 'J 1� Email Address: ��� a�\ Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 20 10 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form zr Bid Bond ❑ Designation of Subcontractors Non -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) 1.11A Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM gurxm4� � _ • Company TO: C. W, Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below; CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ili — COMPLETION PACKAGE BID PACKAGE NUMBER: (')D5 • 3 sc.. orn (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. and , on file at the office of C. W. Driver, BASE BID: $ I I Q9 S, L)ag. Qb TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) w Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I Add/Delete (select): .............................................. I ....... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete(select):......................................................<$ .001 (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ 00 / (UOM)> ALTERNATES (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2 Add /Deduct (select) ($. ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 14 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout, 7. Attached is the required bid security in the amount of not less than 10% of the Bid: 0 v vv--' . Bid bond, certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10, It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: �hn 16zn) if Position/Title: i SSI 1� Name: D-CAjO �>CAUV- —Position/Title: .tilC.4r Pres + " Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co-portnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 15 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No, Expiration Date: Class of License C�• 3U - i� c�L13 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: riily 1 VJ �2 , the G{ uy� of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein a �`� re true and correct. Executed on this Aday of T)CC(hVC1' 2010 at `? S County, California. Legal Name of Bidder el..troc a Amjhi+;CG Yytax-�-" ',Qpci- By I &)id Sau�c2- Signatures of Bidder: Title: Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: C�2,:�5/ —7-71-- 1 52- Email Address: l VdW t;C.l►'�Gl� ~f �' 'cow Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 16 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ❑ Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 17 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 BID FORM Golden State Framers Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 006.1 Rough Carpentry (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 01 , 02 , None. and None , on file at the office of C. W. Driver, BASE BID.- $620,400.00 ID.$620,400.00 TOTAL BASE 131D (includes all applicable taxes and cost; or for the sum of (in words) Six Hundred Twenty Thousand., Four Hundred Dollars and Zero Cents. The bidder will enter all bid amounts In words and 1n numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNITCosTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A - None Add/Delete (select): ...................................................... < $ N/A .00 / N/A {UOM)> Unit Cost No. 2: N/A - None Add/Delete (select): .............................................. N/A Unit Cost No. 3: N/A - None Add/Delete (select):...................................................... < $ N/A ooN/A / (uoM)> AL ERNQT.ES• (Only if Sbecifrcally Requested by Bid Package, sum includes a1J nplrca�le taxes and CostCiEA ALTERNATE No. I: N/A - None Add /Deduct (select) ($L__N/A ALTERNATE No. 2. N/A - None Add /Deduct (select) ($ N/A ) ALTERNATE No. 3: N/A - None Add /Deduct (select) ($ N/A ) ALTERNATE No. 4.. N/A - None Add /Deduct (select) ($ N/A ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V/ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 9,306.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 14,415.00 (NOM Successful bidder will be required to maintain their General Liability and Autom otive insurance coverage for all off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Z Bid Bond or N/A . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: John C. Dunbar Position/Title: _ President & CEO Name: _Gary Viano Position/Title: General Manager Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 720899 Expiration Date: 04/30/2012 Class of License B (Note:! f the bidder is a joint venture, each member o f the joint venture must include the above information) BID CERTIFICATION: 1, Gary Viano the General Manager of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day ofecembeb rM o at Placentia, Orange County, California. Legal Name of Bidder Golden By Gary Viano, Genr'al M�t%ger Signatures of Bidder: Title: Gary Viano, General Manager Title: !VOTE. If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individuaf, his or her signature shall be placed above. Business Address: 610 South Jefferson Street Suite L Placentia CA 92870 Telephone: (714) 524-9500 Email Address: gviano@woodframers.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Prolect, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ® Bid Form W1 Bid Bond © Designation of Subcontractors © Non -Collusion Affidavit MInformation Required of Bidders (for non-prequolifred bid packages) *GSF is pre -qualified for the 006.1 ROUGH CARPENTRY Bid Package. Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM a_I . fesc Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: /rI (Description c(f Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. % — , and , on file at the office of C. W. Driver, BASE BID: $ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ridF'�i.�rufiri��F�1,N�%C-4�t J 1���z,c.�. l;K/!/✓1��`,r���5• �`5y�"t. j�`�, Newport Beach Civic Center and Park Project, Phase 111 Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNITCOS If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ 00/ (UOM)> ALTERNATES.- (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and osts ALTERNATE No. 1: —4- CAdd educt (select) ($ ::!5 ALTERNATE No. 2: _T P IL '„'-'i .00,--� --i�:),! -��-v; ,, Fac, ,.I,, -, s �/Deduct (select) ($ ,l�f.l C 9 ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V-"- No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ ` 11?o — (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: $ Bidbon , certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 1. The names of all persons interested in the foregoing proposal as principals are as follows: Name: X %/ j-7 Position/Title: cs . a Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 15 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: -7 z> -16 Expiration Date: Class of License / (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: they of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this / day of -?� /gid 2010 at County, California. Legal Name of Bidder. �i J By Signatures of Bidder: Title: 5IF14".1-1- Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone:iJ� Email Address: G -Ci :s kle. E C, t" Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Bid Check List Please verify that all required documents are enclosed with your bid as follows: LJ Bid Form Bid Bond aDesignation of Subcontractors 2i` Non -Collusion Affidavit Information Required of Bidders (for non-prequalifled bid packages) Newport Beach Civic Center and Park Project, Phase III Page 17 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 — COMPLETION PACKAGE BID PACKAGE NUMBER: s > I Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , -;L , , and , on file at the office of C. W. Driver, BASE BID: $ S �2. O U TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) 1 L �. ►ie- rrelree/ h neell The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ......................................................< $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES,• (Only if Specifically Requested by Bid Packagre sum includes all applicable taxes and costs)ff ALTERNATE No. 1: ro r f y ►� ,-� 2 Add / educt (select) ($ / 9, (9 ny ) ALTERNATE No. 2: Un B / u Al Wt–eelA r_Jy h ; -7 _ �/► v ✓s a h O/Deduct (select) ($ / / 9 O O O ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No, 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ q, 5 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 3/2 5 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: / Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name:,%�1 � � �;� �e� �"E J1�� L,3(,,Position/Title: Name: ho/b-,t t Position/Title: %?z,;��r rye` Name: _ _ Zl e? )A ALde e f 1r7 P F Position/Title: - A/21:� %d r f Name: Ay� l ry.' &-,y), )tarT Position/Title: ! !e & (IMPORTANT NOTICE if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: j �- Expiration Date: `i �3 rrrf ; Pi� Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Akypi i � f - , the Ke c r" 2 of the bidder, hereby certify under penalty of perjury under the laws of the State d California, that all of the information submitted by the bidder in connection with this bid a d all of the representations made herein are true and correct. Executed on this f,'�� day of Nc:e%:h I <? 2010 at (i.t'a?n4 t. County, California. t Legal Name of Bidder A J d l r t i. In/ , By Signatures of Bidder: Title: ee m-11?q( i Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: /` J Telephone: (meq. Email Address: Mi-, {,. +( Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ❑ Bid Form ❑ Bid Bond ❑ Designation of Subcontractors ❑ Non -Collusion Affidavit ❑-Infor-mation-Required-o# Bidders (for non-prequWJed-b gem Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 4004'• ofBfd Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , A , and on file at the office of C. W. Driver, BASE BID: $ 5ga• moo• Btj TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) �'✓e ,�%► �' al /7i n etv �u�o Thou ��h � The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all oplicable taxes and COM ALTERNATE No. I: W C .0,041 J'JA.J Cori — J§ -aa Add Deduct (select) ($ oho, 6dD• On __) ALTERNATE No. 2: Zekad or, �3) �ri��I -6 AdDeduct (select) ($ q 3 AV . ) ALTERNATE No. 3: Add /Deduct (select) ($. ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes ✓ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ /Of AW. Db 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ .4-o?d• Ob(NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: V/ Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: al Name: G&ld /Q. MC L*41? GLnWPosition/Title: / %*:S%r e_o,f AM _ Name: k/e--;i( G LQ��Q-✓� d Position/Title: �GC. 7; if . S. Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: A9�S9� Expiration Date: Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, �OhQ�o� 14). A!a& -4/Q., d , the / I e!S "d" -/- of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this Zf� day of , `�rc��+l � 2010 at /.DS Z24Vet/G.S County, California. Legal Name of Bidder A W Mc �a����� �� C By. Signatures of Bidder: Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 5-3-6-0 J 6r -W n of elc t4ye Telephone: oZf's' 8/3' 03 97 Email Address: aAri 0(40 M G 10S/Q el cOh-i Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page S of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 12I Bid Form Bid Bond Designation of Subcontractors L✓J Non -Collusion Affidavit Information Required of Bidders (for non- re uolifted bid ockoges) Lte'G prequ4/i,A'ed Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Montbleau & Associates, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work, is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 006 .2 Finish Carpentry and Millwork (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 1 2 1 , and , on file at the office of C. W. Driver, BASE BID: $ 1, 8 71, 5 8 3 . TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ONE MILLION EIGHT HUNDRED SEVENTY-ONE THOUSAND, FIVE HUNDRED EIGHTY-THREE. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I:_Ipe wood decking at balconies (5 each) Add /Deduct (select) ($ 3 9, 18 8 . ) ALTERNATE No. 2: Tpe wood landscape bridges (3 each) Add /Deduct (select) ($ 127, 754 . ) ALTERNATE No. 3: Linear wood ceiling system Add /Deduct (select) ($ NA ALTERNATE No. 4: Wood tile suspended ceiling Add /Deduct (select) ($ 311,226. ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 22 , 216 . 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 11,275. (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Ron Montbleau Name: David Zammit Name: Eric Barnes Name: Position/Title: CEO/President Position/Title: COO/Vice President Position/Title: CFO Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president; secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License 617734 4/30/2011 C6 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: David Zammit the COO / vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15th day of December 2010 at San Diego County, California. Legal Name of Bidder Montbleau & Associates, Inc. By C- P•. Signatures of Bidder:__. f�-�% �' Title: COO / Vice President Title: CFO NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: 555 Raven Street San Diego, CA 92102 (619)263-5550 AndrewCmontbleau.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form F Bid Bond Designation of Subcontractors Non -Collusion Affidavit N/ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Northwestern, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 006.2 Finish Carpentry and Millwork (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $2,608,718.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two Million Six Hundred Eiqht Thousand Seven Hundred Eiqhteen Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: See Attached Add/Delete (select): ...................................................... < $ Unit Cost No. 2: See Attached Add/Delete (select): ...................................................... < $ Unit Cost No. 3: See Attached .00/ (UOM)> .00/ (UOM)> Add/Delete (select):......................................................< $—.00/ (UOM)> ALTERNATES: (Ong if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I None Add /Deduct (select) ($ ALTERNATE No. 2: None Add /Deduct (select) ($ ) ALTERNATE No. 3: None Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 64,376.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 30,108.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job wall, and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Yes Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: C, Wayne Noecker Position/Title: President Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 301235 Expiration Date: November 30, 2011 Class of License B HIC (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, C Wayne Noecker , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Northwestern, Inc, By C Wayne Noecker Signatures of Bidder: Title: President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 15059 Oxnard Street Van Nuys CA 91911 Telephone: (818) 186-1581 Email Address: wayne@northwestern-inc.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC `E=NTER ,`-NIS PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: IT I Bid Form 171 Bid Bond Designation of Subcontractors Non -Collusion Affidavit FInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder-, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: oo('P.':� l ��PEIV771Ji (Description o� Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , Z, and , on file at the office of C. W. Driver, BASE BID: $ 110 C/q, 006 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) DNI; M Iu 1aJ S I4KY Nva Da6.D F0C;c"t VOUt. -T -?6 -AO> 1>cx.c.496 Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding_ UNC: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ........................................................ < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete(select): ............................<$ 00/ (UOM)> Unit Cost No. 3: Add/Delete (select):....................................................... < $ .00 / (UOM)> ALTERNATES (OnlyffUecifically Requested by Bid Package sum includes all abb6cable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: — Add /Deduct (select) ($ ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V -'-'No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ a QCY--, , 2—' 6L (NOTE Successful bidder will be required to maintain their General Liability. and Autot(otive insurance coverage for all of f'site work throughout the duration of their Contract) * eK'( LSC U� k DV -Vi W t- 061 ilk.• "ave i e t',D c> ir>, - 64C (rotm!� - 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: $ ( T Ll 1, coo . Bid bond, certified check, cashier's checkor cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto.. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractors failure to comply with these provisions. 1 1 . The names of all persons interested in the foregoing proposal as principals are as follows: Name Uv�ktll iytaok Position/Title: Name: 44 (7Lt',C ` A PositionlTitle: Vice Name: Name: Position/Title: PositionlTitle: (IMPORTANT NOTICE If -bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 15 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date: 0"I 3c-,( W� I )-" Class of License CC — 6� (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: the �i !Oc Pf f6('A'-CK+ of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connect on with this biw�o a�L,nd all of the representati ns made herein are true and correct. Executed on this f - day of !_.3e0ff" ;4,'"2010 at R(, VUAQ-. County, California. `` `/ f Legal Name of Bidder 1 C: Pa(' AY"ck'i"f':c,'+w �, ct,.,�� r'� t t (YU f 1r) .: By. Signatures of Bidder: Title: !r( Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Pipnerr CA Cl 2e' ')'J Telephone: � � �Z c - 3;4,) I) Email Address: M Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Bid Check List Please verify that all required documents are enclosed with your bid as follows: 9 Bid Form EBid Bond LJ Designation of Subcontractors Non -Collusion Affidavit ElInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 17 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM ��t_t:�Y �CzoTN� 125 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: C©6_0 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , and 2 , on file at the office of C. W. Driver, BASE BID: $ 2, 15 1, ( � I TOTAL BASE BID (includes all applicable taxes and cost; or for the sure of (in words) -Ilou) t'l l!_!_ om we kLuyCV_ev r1f:�-rY CWP A()k3r*2Ep jrt fFTY 0mg . The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ Unit Cost No. 2: Add/Delete (select): ...................................................... < $. Unit Cost No. 3: Add/Delete (select):......................................................< $ .00/ (UOM)> .00/ (UOM)> Myl (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I LSC k( NG ate` Add /Deduct (select) ($ &41-17M ) ALTERNATE No. 2: WCXX:�' t7V/—^ W "62 AT (3) 1jQILY � Add /Deduct (select) ($ 19 9 2 G ) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes " No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 'M r::21Z 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $__J3otc�> 9 (NOTE.' Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: ✓ Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: SCEL�'C f5V—C> T�iEQS Position/Title: s4 Name: P- L- 90;2YS Position/Title: f:T*4ZTNER Name: -1045, 4-A1Lv kL L-0 Position/Title: 0P9Ti_teF- Name: F�,"J _ C—V Vl'lA Position/Title: 6�WL:VAJJ'I" (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: -7 (Z I? O ( Expiration Date: Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, F7VO L C-AltTN -,the 61AL'e�5 QME` L-PAWr of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16, -rK day of t'Ji G . 2010 at p}IzEA,, OJ2,41VC County, California. Legal Name of Bidder 6Ee_LEY 0 Signatures of Bidder: e�- / Title: �-a�LL�S GC�iUSUI�'i�NT Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: lqcr-> Moot4sStumm- 's-r. ��a -114 - 2214- 39149 PHkLS0 STEL&YE!5ROs.cOM Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Er Bid Form MBid Bond Designation of Subcontractors Non -Collusion Affidavit I/� Information Required of Bidders (fornon-prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM SMI Architectural Millwork, Inc Company TO: C. W. Driver, 15615 Alton Parkway, Suite I50, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and Specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and ail of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to per -form the Contract and compiete in a workmanlike manner all of the wort: required in connection with the Project described below: :I T Y OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 - COMPLETION PACKAGE BID PACKAGE NUMBER: 006-2 Finished Carpentry o. DescriUtion of Bid Packagei All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $ 2 , 0 0 4 , 0 5 6 . 0 0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two million four thousand fifty six dollars, and 00.1100 Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE ill Attachment A The bidder wiil enter ali hid amounts in words and in number:. in the event of a &CreDancv. the words wili t)e conslaered Sinding. )�+1F Unt` DrIC? ars , eatlir C" li is Bie D- : uG�Jn"'u_, Snali IIs: the (ndlVlOUaI unit" Dr"ICepelov\. 'hes; unci. Qr;Ce Wli :fie aDDIleG t C an4e:: If: til `.A,C:ri;. eitne" additive of deductive, if Dre^approvec, by C, VV. :.Driver beyond the onginai SCODe. Cacrt unii. Cost )ten: snail Include taxes and ail associates cost::. A/ritc in the unit Drice or alternate descriation) '_in)t :Cost No, i . N/A Add/Deiete iseiect:............................ ............. ............. :a .00 fUOM)> init _ost Nc. =: N/A Add/Deiete isele=):......................................................< .00. (UOivi)> .init --ost Ivo. N/A add/Deiete !seiect: :.................................................... ; .00. (UOM`,> AL. =RNA=`�: fOniv if Soecificaliv Requested by Sid Package. sum includes all applic.anie taxes and Standard Formica Lamniate Matte Finish Interior ALTERNATE: INC..in lieu of Formica Color Core Add /Deduct +,"seiect) IS 16,989.00 Standard White Melamine interior in lieu of ALTERNATE No. ': Formica Color Core Add /Deauct ;seiect) (S 24,182.00 ALTERNAT:Nc.s; Fabric panel in Casework and Privacy .Partition Newport Beach Civic Center- and Paris Protect. Phase III Page 13 of 37 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ 46,442.00 ALTERNATE No. 4: Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 11 , 975. 00 (MOTE-: Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all off site ,vork throughout the duration of their Contract.) 1. i he undersigned declares that he has carefully examined the location of the work, has read thoroughiy the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated 'herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whoie or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project. Phase III Page 14 of 37 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder- understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions. discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: I 8. Non -collusion affidavit is attached hereto. Bid bone, cer tiheo checi,_ cashiers thea: or casn tcirzie one:. °. The required list of proposed Contractors is attached hereto. 10, it is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. VV. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the.contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 1 1. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Robert E. Stolo„ Position/Title: President dent Name: Timothy J. Stolo Position/Title: Vice President Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page IS of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 749965 Expiration Date: Class of License 5/31 /2012 C-6 (Note: If the bidder is a joint venture, each member of the ioint venture must include the above information. BID CERTIFICATION!: 1, Robert F_ Stolo the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 day of December 2010 at Orange County, California. Legal Name of Bidder SMI Architectural Millwork Inc. By Signatures of Bidder: Title: president Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 2116 W. Chestnut Ave Santa Ana, CA 92703 Telephone: 714-567-0112 Email Address: bob@smimillwork.com Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Bid Check List Please verify that all required documents are enclosed with your bid as follows: r , ! Bid Form ul Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non-lirequalifred bid packages) Newport Beach Civic Center and Park Proiect, Phase III Bid Form November 8, 2010 Page 17 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Angelus Waterproofing & Restoration, Inc Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 007.1 Waterproofing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. n/a , n/a 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $ 895,823.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Eight Hundred Ninety -Five Thousand, Eight Hundred and Twenty Three Dollars Exactly The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: n/a Add/Delete (select): ...................................................... Unit Cost No. 2: n/a Add/Delete (select): ...................................................... < $. Unit Cost No. 3: n/a Add/Delete (select):...................................................... < $ 00/ (UOM)> 00/ (UOM)> 00/ (UOM)> ALTERNATES: (Onlyif Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. l: Furnish and install all waterproofing work as indicated at the San Miguel pedestrian bridge Add /IMMM4elect) ($ 5, 500. 0 0 ) ALTERNATE No. 2: Furnish and install all caulking and sealants at concrete site paving as indicated by the Landscape plans and specifications Add /t' xegdWcselect) ($ 14, 000.00 ) ALTERNATE No. 3: n/a Add /Deduct (select) ($ ALTERNATE No. 4: n/a Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 13, 238 . 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 17, 166. 00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Foran November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Shaun Geiger Name: Stephan Claus Name: Michael Anderson Name: Position/Title: CEO Position/Title: President Position/Title: VP / Chief Estimator Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 461100 Expiration Date: 8/31/2012 Class of License B / D51 / C39 / C33 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Michael Anderson , the VP / Chief Estimator of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Angelus Waterproofing & Restoration Inc By Michael Anderson Signatures Up Title: Title: / Chief Estimator NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of rhe firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 13217 Barton Circle Whittier, CA 90605 Telephone: 562-941-7676 Email Address: mikea@angeluswp.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 7 Bid Form Bid Bond ❑x Designation of Subcontractors El Non -Collusion Affidavit EdInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM DRI Commercial Corporation Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 — COMPLETION PACKAGE BID PACKAGE NUMBER: 007.1 Waterproofing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , 0 , and 0 on file at the office of C. W. Driver, BASE BID: $ 1, 117, 460. 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Million One Hundred Seventeen Thousand Four Hundred Sixty Dollars and no cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ...................................................... < $ Unit Cost No. 3: .00/ (UOM)> Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES. (Only if Specific "11 Reauested_by Bid Package, sum includes all abblicable taxes and o s ALTERNATE No. I: N/A Add /Deduct (select) ($_ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1, 2 0 0. 0 0 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 1.45% (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite j'site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Aaron Martin Position/Title: President Name: Alan Ruben Position/Title: Name: Brian Flaherty Position/Title: Secretary Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendurn 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 818623 Expiration Date: n41 _ n i 1 Class of License C3 9, B (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Aaron Martin the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this --IL-Lb—day ofDe mber 2010 at hrangP County, California. Legal Name of Bidder�RI C�mmPr,- ; a i orn�rat: �ti BY Aa i-ou Martin pros; 1--+- k SignatUrCS --,.- Signatures of Bidder: Title: President Title: CFO NOTE: If bidder is a corporation, the legal name of the corporation shall be set fort), above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: DRI Commercial Corporation 17182 Armstrong Avenue Irvine, CA 92614 Telephone: 949-266-1900 Email Address: thuitron@dricompanies.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Part< Project. Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: X❑ Bid Form ❑X Bid Bond Designation of Subcontractors 51 Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Mark Beamish Waterproofing, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 007.1 PH 3: BID PKG 007.1 - WATERPROOFING (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , 1 1 2 , and 3 , on file at the office of C. W. Driver, BASE BID: $ 1,346,405.00 (in words) one million, TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of three hundred forty-six thousand, four hundred five dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid am122,400.00 amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 61,200.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver- reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Par]( Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or see attached Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the tirne this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver- to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar- days after Award of Subcontract. The work under the Subcontract shall be cornmenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall notstart work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The Warnes of �i persons interested in the foregoing proposal as principals are as follows: Mark Beamis Waterproofing, Inc. Name: Adam Beamish Position/Title: President Name: Mark Beamish Position/Title: Founder, Chairman Narne: Blake Beamish Position/Title: Shareholder Narne: Position/Title: (IMPORTANT NOTICE: Ifbidder or other interested person is a corporation, state legal name o f corporation, also names of the president, secretary, treasurer, and manager thereof if a co-portnership, state true name of firm, also names of all individual copartners comprising the firm: if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bioder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 0 a t{ Expiration Date: 0'1- 31- 1A Class of License Ctvl 10 5 1 (Note: If the bidder is a joint venture, each member of the joint venture must include die above information) BID CERTIFICATION: I, POam ayeam -h the —PfeS1ciBtlir of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations madq herein are true and correct. Executed on this _day of DWetrinat- 2010 at AMheiM (gj��ounty, California. Legal Name of Bidder ft(V- 3eatMCSh �)J*Z 1226 Q, 3:7r r-• By 6Dm mi:5i1,'Restolee Signatures of Bidder: r _ Title: r14e"Stoc-A-)T- A✓ Title: NOTE If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signotures of authorized officers or agents and the document shall bear die corporate seal, i(bidder is a partnership, the true narne o f the f irrn shall be set forth above togedier with the signature of die partner or partners authorized to sign contracts on behalf of the partnership: and if bidder is an individual, his or her signature shall be placed above. Business Address: LL JOUCL S�"' I ear CIQW;L___ - Telephone: C -go Email Address: �.t�C1 Q-1Yl�ti' b�Cim�5�1• C011'l_ Bidders ore reminded to include all items in an opaque sealed envelope with the hid package number deotly identified on the front of the envelope Newport Beach Civic Center and Park Proiecl, Phaco III Bid Foo in November B. 2010 Page S of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 _ f r TROYER CONTRACTING COMPANY, INC Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time Stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner- all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT" PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: PH3 007.1 WATERPROOFING WATERPROOFING (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: 1,216,177.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sure of (in words) ONE MILLION TWO HUNDRED SIXTEEN THOUSAND ONE HUNDRED SEVENTY SEVEN DOLLARS The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT" PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) NONE Unit Cost No. I: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: NONE Add/Delete (select): ............................................. I ........< $ .00/ (UOM)> NONE Unit Cost No. 3: Add/Delete (select) : ...................< $ .00/ (UOM)> ALTERNATES: (Only If _Specifically Requested by Bid Package, sum Includes all applicable taxes and costs SAN MIGUEL PEDESTRIAN BRIDGE ELEVATOR PIT WATERPROOFING ALTERNATE No. I: Add jUKdm (select) ($ 5,500.00 ADD ) ALTERNATE No. 2: Add /Deduct (select) ($ 1 ALTERNATE No. 3: Add /Deduct (select) ($, ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 20,917.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $____2O, 885.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor- to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November B. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: xx Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any tirne thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the tirne specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Narne: Name: Name: Name: MARK A TROYER Position/Title: Position/Title: Position/Title: Position/Title: PRESIDENT (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co-portnership, state true name of firm, also names of all individual copartners comprising the firm,, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER ANl > PARK PROJECT PHASE III Addendum 2. 13. Bidder certifies that he is licensed in accordance with the law providing for- the registration of Contractors: License No. 721875 Expiration Date: 4/30/12 Class of License CA39, C33, C61/D12, B, C43 (Note: If the bidder is a joint venture, each member of the joint venture must include tire above information.) BID CERTIFICATION: DOUGLAS P FILEDS the ESTIMATOR of the bidder-, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder' in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 day of DECEMBER 2010 at SANTA FE SPRING, Los Angeles County, Califo►•nia, Legal Name of Bidder TROYER CONTRACTING COMPANY, INC. By_ DOUGLAS P. DS Signatures of Bidder: Title: Title: ESTIMATOR NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of audrorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signcture of the partner or partners audrorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: TROYER CONTRACTING COMPANY, INC. 10122 FREEMAN AVENUE SANTA FE SPRINGS, CA 90670 Telephone: 562/944-6452 FAX: 562/944-6469 Email Address: douglaspf ieldsornsn . com bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page S of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendtilm 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: xX Bid Foran [RX]Bid Bond EADesignation of Subcontractors xx Non -Collusion Affidavit F1Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Anning Johnson Company Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 007.2 Roof ing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 1, 813, 210. 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sura of (in words) One Million Eight Hundred Thirteen Thousand Two Hundred Ten The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ .001 (UOM)> Unit Cost No. 2: Add/Delete (select):......................................................<$ .001 (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .001 (UOM)> ALTERNATES: (Only if SpedfJca ft Requested by Bid Package. sum includes aH o"ficable tg as and costs) ALTERNATE No. I: Roof At San Miguel Bridge Elevator Add (select) ($ 4, 5 7 0. 0 0 } ALTERNATE No. 2: Flashing At Photvoltaic Panel Supports Add educt -(select) ($ 5 8 3 0. 0 0 ) ALTERNATE No. 3: Voluntary - Alternate Insulation Attachment See attached for details. Deduct select) ($ 8 2 , 2 90 . 0 0 ) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project Phase III Page 2 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: _V_P Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 14,214.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 18 , 7 8 6 .0 0 (NOTE; Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout Newport Beach Civic Center and Park Proiect. Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 4e Bid Bond or $ Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: John Andrew? ski Position/Title- C . E . 0 Name: Larry Domino Position/Title: C . 0.0 Name: Andrew Widin Name: Position/Title: District Manager / V. P. Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual coportners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase ill Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 652825 Expiration Date: 8/31/2012 Class of License B, c-3 (Note: If tile bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Andrew Widin ,the District Manager / V P he bidder, hereby certify under penalty of perjury under the laws of the State of California, that all tof the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of 2010 at G, i ty Of Ind, �s try f os An eles County, California. � Legal Name of Bidder &:ting d hnson Company Signatures of Bidder: Title:District Manager / V.P. Title:C 0.0 NOTE., If bidder is a corporation, the legal name of Ole corporation sholl be set forth above toged)er with the signatures of authorized officers or agents and the document shall bear Me corporate seal; i fbidder is a partnership, tite true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 13250 Temple Avenue Industry, CA 91746 Telephone: (626) 3697131 Email Address: X626) 3363673 -- awidi_noanningiohnson.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Centel- and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 aid Check List Please verify that all required documents are enclosed with your bid as follows: ZBid Form 96 Bid Bond RrDesignation of Subcontractors RrNon -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ill Addendum 2 BID FORM Eberhard Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CfTY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III M COMPLETION PACKAGE BID PACKAGE NUMBER: 007.2 Roofing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. i 2 and on file at the office of C. W. Driver, BASE &Q: $ i, s'77, 7£I0 . oo TOTAL BASE BID (includes all applicable taxes and cost; or for the surn of (in words) One Million Five Hundred Seventy Seven Thousand Seven Hundred L•'ighty The bidder will enter all bid amounts in wards and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase Ill Page I of 6 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Sid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C, W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: _ N/A - Add/Delete (select); .... ........................................... ... ... < $ .001 (UOM)> Unit Cost No, 2: Add/Delete (select): ............................<$_ 001 (UOM)> Unit Cost No. 3: _--- Add/Delete (select):......................................................<$ .001 (UOM)> ALTERNATES: (Only Iand sts- ALTERNATE. No. I:Furnish & Install Roofing at Elevator Tower for the San Miguel Pedestrian Bridge Add educt (select) ($_..? 00 , oo ) ALTERNATE No. 2: _ Add /Deduct (select) ($ ALTERNATE No. 3: — Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) Newport death Civic Center and Park Project, Phase IIl Page 2 of G Sid form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and riot part of this Bid Proposal., and will not be considered in determining the responsive tow bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 23,317.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 67,270-00 _ (NUIT: Successful Ridder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C, W, Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout, Newport Beach Civic Center and Park Project, Plisse III Page 3 of G Bid Form November 0, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract:. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor, in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. * Legal Name of Corporation: Eberhard 12. The narnes of all persons interested in the foregoing proposal as principals are as follows: Name: Arian Mowatt Dave Stefko Name: Name: Charlie zoimo Name: Position/Title:, President/CE0/CPO/Asst. Corp. Secretary Sr. Vice President/C00/Corp. Secretary Position/Title: Position/Title: vice President Position/Title: {IMPORTANT NOTICE if bidder or other interested person is a corporation, stole legal home of corporation, also nomes of the president, secretary, treoswer, and manager t)ereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an rndividuol, store first and lost names in full.) Newport Beach Civic Center and Park Project, Phase 111 Bid Form November 8, 20 10 Paye 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ill Addendum 2 13, Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 329087 11/30/2001 Expiration Date: Class of License C39 B ASB C43 C20 (Note: If the bidder is o joint venture, each member of the joint venture must include the obove in formation.) BID CERTIFICATION: I `Brian Mowatt the president — of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and ]-6th December Los Angeles correct. Executed on this day of 2010 at __.,...,.,..._-_..•__�. County, California - Legal Name of Bidder Eberhard By Brian Mowatt Signatures of Bidder: Title: aiaw Lc tt/ r9_I_�.� ��C rp. S..'-t.:,ry Title: -- - --- -- _ NOTE: If bidder is a corporation, die legal nome of die corporation shall be set forth above together with the signotures of authorized officers or agents and the document sholf beat- the corporate seal; i f bidder is a partnership, the true nome of the firm shall be set forth above together with the signoture of the partner or partners authorized to sign contracts on beholf of rhe partnership, and if bidder is an individuol, his or her signature shall be placed above. Business Address: _ 15220 Rayiner Street Van Nuys, CA 91405 (81.8) 782-4604 Telephone: Email Address: bmowatt@eberhardco.com Bidders are reminded to include oil items in on opaque sealed envelope with the bid package number clearly identified on tic front of the envelope. Newport Reach Civic Center and Park Project, Phase Ill Page S of 6 Bid f=orm November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bic -Check Ust Please verify that all required documents are enclosed with your bid as follows: EBid Form E XI Bid Bond DX- Designation of Subcontractors ENon -Collusion Affidavit 3 Information Required of Bidders (for non -prequalified bid packages) *SEE ATTATCHED LETTER FOR QUALIFICATIONS* Newport Beach Civic Center and Park Project, Phase III Page 6 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Danny Letner Inc. dba/Letner Roofing Company Company TO: C. W. [giver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: Roofing CITY OF NEWPORT BEACH CIVIC CENTER AND DARK PROJECT PHASE 111 v COMPLETION PACKAGE BID PACKAGE NUMBER -.,007.2 (Description of Bid Poekoge.) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 _ and , on file at the office of C, W. Driver, BASE BID: 1,796,893 TOTAL BASE BIER (includes all applicable taxes and cost: or for the sum of (in words) One Million, Seven Hundred Ninety Six Thousand, Eight Hundred Ninety -Three Dollars_ Newport Beach Civic Center and Parr Project, Phase ill Page 12 of 37 Bid Four November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. NIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope, Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): .................................. .......... ...... < $ ---- —.00 /_ (UOM)> Unit Cost No. 2: Add/Delete (select): ........... ...... ............................... �(UOM)> Unit Cost No. 3: Add/Delete (select):......................................................<$ 00/ (UOM)> 6lLT RNATES:_jOnfy ifSpisci rcaiI Requested by Bid..Package, sum includes all. a.>7.I coble taxes.,and' castsl ALTERNATE No, is San Miguel Pedestrian Bridge Add /Deduct (select) ($.92,792 ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Newport Beach Civic Center and Park Project. Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($.._._. ..__.,_ W _. _ . _.._ ._ ......_._..._._) 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $29,259 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4, The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor-, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5, The Bidder agrees that C. W. Driver- reserves the right to reject any or all Proposals, in whole or in part, to accept other- than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein, The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase 111 Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10°0 of the Bid: 179,689 Bid bond, certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid Is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C, W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11, The names of all persons interested in the foregoing proposal as principals are as follows: Name: Dennis Olson Position/Title: President Name: ,Ernest J. Glasgow Position/Title: Vice President Name: Rick Olson Name: Position/Title: Secretary Position/Title: (IMPORTANT NOTICE if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also nornes of ap individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 15 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Aid Check dist Please verify that all required documents are enclosed with your bid as follows: Bid Form l� Bid Bond Designation of Subcontractor's LAJ Non -Collusion Affidavit X— Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase 111 Page 17 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 r r� TROYER CONTRACTING COMPANY, INC Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: PH3 : 007.2 ROOFING INSTALL NEW PVC ROOING (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 2,214,277.00 (in words) Two Million TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of Two Hundred Fourteen Thousand Two Hundred Seventy Seven Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item small include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: NONE _. Add/Delete (select): ...................................................... < $ —.00/ (UOM)> NONE Unit Cost No. 2: Add/Delete (select): .............................................. I .......< $ .001 (UOM)> NONE Unit Cost No. 3: Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ROOFING AT ELEVATOR TOWER ALTERNATE No. I: Add /Vf&'��(select) ($ 3,000.00 ADD ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid f=orm November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder• Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid arnount is $ 43,417.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OOP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 31, 735.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor• to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver• reserves the right to reject any or all Proposals, in whole or in part, to accept other• than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for• a period of forty-five (90) calendar days after• the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: xx Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after -Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: MARK A TROYER Position/Title: PRESIDENT Name: Name: Name: Position/Title: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person Is a corporation, state legal notne of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder- certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No, : 721875 Expiration Date: 4/30/12 Class of License CA39, C33, C61/D12, B, C43 (Note: if the bidder is ajoint venture, each member of thejoint venture must include the above information.) BID CERTIFICATION: 1 DOUGLAS P FILEDS ESTIMATOR the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the infoi-ttiation submitted by the bidder- in connection with this bid and all of the representations made herein are true and cor•r•ect. Executed on this 16 day of DECEMBER 2010 at SANTA FE SPRING, Los Angeles County, California, Legal Name of BidderTROYER CONTRACTING COMPANY, INC. By. DOUGLAS P,--F.IELDS Signatures of Bidder: Title: ESTIMATOR Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signotures of authorized officers or agents and the document stroll bear the corporate seal; if bidder is a partnership, the true name ofthe flun shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of tine portnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: TROYER CONTRACTING COMPANY, INC_ 10122 FREEMAN AVENUE SANTA FE SPRINGS, CA 90670 Telephone: 562/944-6452 FAX- 562/944-6469 Email Address: douglaspfieldsnmsn.com Bidders are reminded to include all iterns in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verthat all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation Subcontractors of Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Clvlc Center and Park Project, Phase III Bid Form November 8, 2010 Page G of G NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM V: lM G0rQ%Tgv cTt A6%kC_Ct ufa S Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 007.3 SfFE�.T' (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , and D% , on file at the office of C. W. Driver, BASE BID: 0 co $ 11 '3100 -0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) _ The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate descriptijon) Unit Cost No. I: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: PO Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):.......................................:.............. < $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes _X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ _ P CIO 5'/ 0 r,� 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of$ 1���� `� ccessful bidder will be required to maintain their General Liability and Automotive insurance coverage foallff` offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: �. °baavf �i`� Position/Title: Pier's P 01FV-1`" Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License C�K3 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: the.St P % of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 day of ®6 1-vtSdi"L2010 at �0��• Cir ��-� County, California. Legal Name of BidderacIii t✓t �7`/Lt� �yt ` to /4*r 9V' S06--7—wofl- By S OL�(— -GU 6-- Signatures of Bidder: � _ �"""-- Title: e4esl C c.. Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: g7 j0 RAL-'zookts P44J�- 5►4NTC� . C A Gaol Telephone: 6(9— T 4 c(— 19 66 Email Address:yZOPE., —1 tQ AOAStZLa0-SWt•CopA Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November B, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form FVI LIN Bid Bond ❑ Designation of Subcontractors 4 Non -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM CMF, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other docurnents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other- Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 007.3 SHEET METAL (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos, 1 and 2 , on file at the office of C. W. Driver, BASE BfD: $ 1,173,627.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One million one hundred seventy three thousand six hundred twenty seven. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Vdrite in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): .............................................. I .......< $ .00/ (UOM)> Unit Cost No. 2: — N/A Add/Delete (select): ... .................................................. < $ Unit Cost No. 3. N/A / (UOM)> Add/Delete (select) :....................... . .............................. < $ .00/ (UOM)> ALTERNATES: (Only if Sbeci ica fy Requested by Bid Package. sum includes all applicable taxes and costs ALTERNATE No. I: San Miguel Bridge Add /Deduct (select) ($____ 0.00 _ a ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No, 3: — Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) N/A N/A Newport Beach Civic Center and Park Project, Phase III Page 2 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W, Driver and in no way affects or invalidates any part of this Bid Proposal, Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder- has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 23,244.00 4. Insurance: Bidder- warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 8,237.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I k It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W, Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Michael Douglas Position/Title: Senior Estimator Mark Allen VP Name: _ Position/Title: Dave Duclett President Name: _ Position/Title: Darren Sagert CFO Name: Darren (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretory, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of oil individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 196129 Expiration Date: May 31, 2011 Class of License C43, B, C20, C29 (Note,: If the bidder is a joint venture, each member of thejoint venture must include the above information.) BID CERTIFICATION: Mark Allen the vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 day of December . 2010 at Orange County, California. Legal Name of Bidder CMF, Inc. By_ Mark Allen_.. Signatures of Bidder: Chief Financial Officer Title: Title: vice President NOTE, If bidder is a corporation, the legal name of the, corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: CMF, Inc. 1317 West Grove Ave. Orange CA. 92865 Telephone: (714) 637-2409 Email Address: douglas@cmfinc.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: OX Bid Form n Bid Bond Lim Designation of Subcontractors Non -Collusion Affidavit Ra Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project. Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ili Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ili — COMPLETION PACKAGE BID PACKAGE NUMBER: =C> (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , _,and 2 on file at the office of C. W. Driver, BASE BID: $ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ► �It U� >�4 r r1 �rxJy� Clfu a, The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: b14_ Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: A Add/Delete (select): ...................................................... < $, Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UO M)> .00/ (UOM)> ALTERNATES: (On1y ifSpeci Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ) ALTERNATE No. 2:� ± Add /Deduct (select) ($ ALTERNATE No. 3: 10 Add /Deduct (select) ($, ALTERNATE No. 4: Y4 Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X" No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ SD', (, Z `= (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty -fixe (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: ( Bid Bondi Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: K s Ems\ R,� i� � Position/Title: Pye, t A Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof- if a copartnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.)r' � h.1),L, 14VILS Ch\1 fY,;�1, V IC.•�. � �'4•�J Of Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information) BID CERTIFICATION: 1, the &"j)jM k of the bidder, hereby certify under penalty o perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this L fi^ day of WC`'-Mb0,i - 2010 at County, California. Legal Name of Bidder ('i%y",V"2-V = hA46( BY Signatures of Bidder:co� Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: tl > geek- (-- Telephone: 1,,2-6, o -' Email Address: �v G �✓ LE :%✓'°r ' ��' Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: M� Bid Form Bid Bond Designation of Subcontractors ❑ � � Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 WEISS SHEET METAL COMPANY Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 42618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below; CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 007.3 PH 3 PKG 007.3 SHEET METAL (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 1,184,003 .00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One million One hundred eighty four thousand and 003/ ------------------- The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addeiidum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder - shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: NA Add/Delete (select): ...................................................... < $ Unit Cost No. 2: NA .00 / (UOM)> Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: _ NA Add/Delete (select):......................................................< $ .00/_ (UOM)> ALTERNATES: (Only if S ecifically Requested by Bid Pacicaze sum includes all applicable taxes and costs ALTERNATE No. I: _ NA Add /Deduct (select) ($ ALTERNATE No. 2: NA Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4 Add /Deduct (select) ($ NA NA Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: __ Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 11,722.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 15,000 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (40) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 1 1. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Andre Sarai Position/Title: President Name: Steven Linder Position/Title: Vice President Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE I f bidder or other interested person is a corporation, state legal name o f corporation, also names of the president secretary, treasurer-, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum Z 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 139335 Expiration Date: Class of License 3/31/2011 C43. C17 (Note: I f the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Osc.a-r Padi l l n , the Estimator of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this _ 16 day of December 2010 at Gardena LA County, California. Legal Name of Bidder WEISS SHEET METAL COMPANY By Oscar Padilla Estimator r ;•� �r 1 Signatures of Bidder: (� �� �c t Title: Estimator Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 1715 W. 135th Street Gardena, CA 90249 Telephone: 310/354-2700 Email Address: opadilla@metcoe.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ElBid Form L" J Bid Bond Designation of Subcontractors 1 Non -Collusion Affidavit NA [1] Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: L . -A I -S Lid (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. e , and lA Z , on file at the office of C. W. Driver, BASE BID: c_') $ JSgl pt TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) one hy^dre) J1-,1Krn_e �VxAli e16 ti✓u�%i C/o Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: A, Iq to fuer- &vAr f Add/Delete (select): ........................................................ $ ' 'All 57c, 71 Unit Cost No. 2: �1,Zcr 5;yi-io gw`f"'1-.S _i-r•l'� >�Z�ZrJ JL � �2� L, Add/Delete (select): ...................................................... < $ Unit Cost No. 3: 24 GC A<,fC .: 4 e -A -P Jd, 6�E w✓kt - C'G-C.- Add/Delete (select):...................................................... <$ 3 " .ee*----- -(T> S'l At ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ALTERNATE No. 4 Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes _z No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ /i 407'� (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. S. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date Class of License _7 y c- ._7 `I J ' Z - (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, 0,harle5 %�� V1G�►5, the VU- hr�S%d�-1-- of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this �J�v` day of 1-YQA 2.011 2Xp at LITS AyLne,�S County, California. I 'J Legal Name of Bidder AK -Y -A- 1VX-SUk *on Op" � n C By Ch1 r lies ILA i NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM %�/2Dcl�>t-rte Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III - COMPLETION PACKAGE BID PACKAGE NUMBER: 007,41 L/ �L 6 ��l✓1 Ll J� aL Ct lL'i (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , 2-- , and , on file at the office of C. W. Driver, BASE BID: $-.9, 5 c', () C' t% TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Tw G rIUiN d rtit Ft irf t. Thu��i.�t�( The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete(select):......................................................<$ .001 (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ —.00/ (UOM)> ALTERNATES: _(Oniv_if Sbecificaliv Reauested by Bid Package. sum includes all abolicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder- Suggested Alternates: Yes ----"'No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $__ y' D 0 '-) (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder- understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: i V Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name:�1"� ii + (i �t' E Position/Title: f'�`Ic`r, a Z-/1—. Name: Name: Name: Position/Title: Position/Title: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: L/ q cl 7 5 5 Expiration Date: I C - 3 1 - < Class of License C " (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: f l e c(G 2 the eC IL M4g 4 z>c of the bidder, hereby certify u646r penalty drperjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this - 7 day of � u4_v c 20 -x0 -at 0 'V County, California. eve! Legal Name of Bidder F, /e o alb 4 n By C* -6 l 0 f lee,( c_ Signatures of Bidder: ('-GG2tit. Title: A4^4 c: e,4Z— Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: S 1 Z E . Ce 4'( ✓ .S1. -'� t Oh 1 -CL vc c; I (-A 17-1-14,1 Telephone: (C!V `] 'P- - io t 6) C) Email Address: G r u v Bidders are reminded to include all items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form FBid Bond Designation of Subcontractors dNon -Collusion Affidavit EInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 17 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM KHS&S Contractors, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 007.4 Building Insulation (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , , and , on file at the office of C. W. Driver, BASE BID: $ 246,400.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two hundred forty six thousand, four hundred & 00/100 dollars. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: MAN Add/Delete (select): ........................< $ .00 / (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ............................... < $ .00 / (UOM)> Unit Cost No. 3: N/A Add/Delete (select):........................................................ $ .00 / (UOM)> ALTERNATES• (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) N/A ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $3,530.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 7,550.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite j''site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline, 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ N/A . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Dave Suder Position/Title: President Name: Philip Cherne Position/Title: Chief Operating Officer Name: John Platon Position/Title: Executive Vice President Name: Dennis Norman Position/Title: Chief Financial Officer (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 737787 Expiration Date: Class of License 07/31/201 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, victor Dubois , thevice President Specialtiesof the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 28th day of January 2010 at Orange County, California. 2011 Legal Name of Bidder Keenan, Hopkins, Suder & Stowell contractors, Inc. (ICHS&S) M Signatures of Bidder: Victor Dubois, Vice President, Specialti Title: Vice President, Specialties Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 5109 East La Palma Avenue Suite A Anaheim, CA 92807 Telephone: (714) 695-3670 Email Address: christopher.dubois@khsswest.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page S of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: II Bid Form FRI Bid Bond MDesignation of Subcontractors El Non -Collusion Affidavit N/A Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 01/28/2011 FRI 1Q:05 FAX NEWPORT BEACH CIVIC CENTER ANIS PARK PROJECT PHASE 111 Attachment A BID FORM t4 6el Ir -O Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other- documents therdocuments relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, Including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete In a workmanlike manner all of the work required In connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE r✓ BILI PACKAGE NUMBER, (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project documents, Including addenda nos. �, , and , on file at the office of C, W, Driver, SE BID: a TOTAL EASE BID (includes all applicable taxes and cost; or for the sum of (In words) I Newport Beach Civ1c Center and Park Project, Phase III Page 12 of 37 Bid Form November B, 2010 U001/005 01/28/2011 FRI 14:05 FAX NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will Anter all bid amounts In words and In numbers. In the event of a discrepancy, the words will be considered binding, UNIT COSTS; If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the Individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write In the unit price or alternate description) Unit Cost No. I: Add/Delete(select):................................. ... . ..........„,{$ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select)! ...................................................... c $ _'00/ (UOM)> Unit Cost No, 3: Add/Delete (select):......................................................< $ .00 /� (UOM)} costs ALTERNATE No. 1: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No, 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bld Form November 8, 2010 U002/005 01/28/2011 FRI 14:06 FAX NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($_. 1 ALTERNATE No. 4: Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and In no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered In determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: _ _ Yes —4 No 3, Insurance and Bonds: Bidder warrants chat is has reviewed In detall with Its Insurance carrier the insurance requirements set forth In the Project Bid Documents As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 2, 15 Z , i90 (NOTE, Successful bidder will be required to maintain their General Liability and Autornotive insurance coverage for ail offsite work throughout the duration of their Contract) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the Instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in pare, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any Informality or Irregularity therein. The Bidder agrees that Its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 9, 2010 2003/005 01/28/2011 FRI 14:06 FAX NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands chat the Bid Documents and Bid Form take precedence and supersede any conflicting; verbal instructions, discussions during the job walls and the Instructions to Bidders handout, 7. Attached is the required bid security In the amount of not less than 106 of the Bid: Bid bond, certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9, The required list of proposed Contractors Is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract In the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract, The work under the Subcontract shall be commenced by the undersigned bidder, If awarded the contract, on the date to be stated In C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified In the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein Is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names7;40 persons interested In the foregoing proposal as principals are as follows: Name:/�l4/C" Position/Title; `�' 77 a 4,e_. Name; Position/Title: Name: Position/Title; Name: PosltlonfTltle: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other Interested person Is an Individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 15 of 37 Bid Form November 8, 2010 U004/005 01/28/2011 FRI 14:06 FAX NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date; /%F/ �' hl Class of License (Note.- If the bidder Is o Joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, , the of the bidder, hereby certify under penalty of perjury undel• the laws of the State of California, that all of the Information submitted by the bidder In connection with this bid a d all of the representations made herein are true and correct, Executed on this ':` day of rt 2010 at I County, California. Legal Name of Bidder .eve 71' 40 411. 5 l r" e By 60 G a Sig Title: G� ?Tiflis 4 414 Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the Signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and If bidder Is an Individual, his or her signature shall be placed above. Business Address: /74 /"/ /' ! �!�/ ��"a'k° 4 l/J`"7'r &, o"'Cg -W1VPA, �f 1 1'250 4 - Telephone: Emall Address; C�a n` /%��'4 4 f �• �O Newport Beoch Civic Center and Paris Project, Phase III Page 16 of 37 Bld Form November B, 2010 12005/005 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Viking Insulation Co., Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROjECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 007.4 Building Insulation (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 264, 861 .00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two hundred sixtv four thousand eiaht hundred sixtv one dollars Newport Beach Civic Center and Park Prolect, Phase III Page 12 of 37 Bid Form November 8, 2010 \ NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words ords will be considered binding. UNIT CpsTs: If unit prices are required of this Bid Package per Subcontract Exhibit C, Sectio shall list the individual unit prices below. These unit prices will be applied to changes in the Wo Section IV, Bidder additive or deductive, if pre -approved b C. Work, either Y W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ................... ................. Unit Cost No. 2: N/A Add/Delete (select): ................... Un!t Cost No. 3: N / A Add/Delete (select) :................ ...................................................... ALTERNATE No. I: N/A Add /Deduct (select) ($ 0 ALTERNATE No. 2: N/A Add /Deduct (select) ($ 0 ALTERNATE No. 3: N Newport Beach Civic Center and Park Project, Phase 111 Bid Form November 8, 2010 Page 13 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ 0 ALTERNATE No.4: N/A Add /Deduct (select) ($ 0 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 3L973.00 (NOTE: Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all off site work throughout the duration of their Contract) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: 10% Bid bond certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. I I. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Casey Kranz Position/Title: President Name: John Zimmerman Position/Title: Vice President Name: _Kathy Lawrence Position/Title: Treasurer Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 15 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 297771 Expiration Date: 3/31/12 Class of License C2 (Note: If the bidder is o joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I, John Zimmerman , the Vice President of bidder, hereby certify under penalty of perjury under the laws of the State of California, that allthe of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 2'�_ th day of January 2011 at Los Angeles County, California. Legal Name of Bidder By Signatures of Bidder: Inc. Title: President Title: Vice President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal,, if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 3014 Floyd Street Burbank CA 91504 Telephone: .1323)849-5991 Email Address: john@vikinginsulation com Newport Beach Civic Center and Park Project, Phase III Bid Form Page 16 of 37 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM 6-- %- Prt�'sc Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 00 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , and 2, on file at the office of C. W. Driver, BASE BID: $ ®DCS .TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ 00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES:(Only if SpecificaUy Requested by Bid Package, sum includes all a licable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes v No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 9,000 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ % eyOC� (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 1//" Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: �" e��� s '�^ Position/Title: Name: �(�,ir STe 6166, Position/Title: A y Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License y-2U,� /S (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, /c LV `t-/ 5-r' ,the A/ .-re ✓ �%%� of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this /6 day of «i~ ua- 2010 at O/L4-.✓,{ County, California. Legal Name of Bidder �P G'" �'"N /���/tsi�si(�� . C e - By /lwv v Signatures of Bidder: �`=� .-ATitle: _'-�'A-'pt4 Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal,• if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: -7 y /V .'A Ong ",✓', 614 If Z N Y Telephone: 7l' (- 76 / - g UC Z Email Address: Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Roy E. Whitehead, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 — COMPLETION PACKAGE BID PACKAGE NUMBER: 008.1 Doors (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $682.L760-00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Six Hundred Eighty Two Thousand Seven Hundred Sixty T).ca:l.lars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 !JNIT,CO—S If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below, These unit prices will be applied to changes In the Work, either additive or deductive, if pre -approved by C. W, Driver beyond the original scope, Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: _ - Add/Delete (select) ........................ ...................... (UOM)> Unit Cost No. 2: Add/Delete (select): ................ ...... ....................... < (UOM)> Unit Cost No. 3: Add/Delete (select): .................................................... (UOM)> ALTER ATBS: n F S eci crsi! R_ ue ted_ Bid Pack ! de !! Fc !eta es. d C -0 -s -t -sl ALTERNATE No. 1: Furnish qtQrefrant 6d')dleduct (select) ( ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No, 3: Add /Deduct (select) ($—. ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 682,760,00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 5 , 421 , 00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite jsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: David R. Whitehead Position/Title: ZEC)p Sgg Name: Name: Name: Chris Bagley Position/Title: President Position/Title: PositionlTitle: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 2551 Oa Expiration Date: 12/31/12 Class of License Be C6, C17.1 C61 /D28, C28 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: 1. Chris Bacirlev the President of the bidder-, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct Executed on this16day ofDmby _20aI -e— _- 0 at ttiv County, California. Legal Name of Bidder Roy E. Whitehead, inc. B Chris Bagley—President Signatures of Bidder: Title: NOTE., If bidder is a corporation, the legal name of the corporation shall be Set forth above together with the Signatures of authorized officers or agents and the document shall bear the corporate seat, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or tier signature shall be placed above. Business Address: Telephone: Email Address, 2245 Via Cerro Riverside, CA .92509 951-682-1490 cbagle0rewinc . I net Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 gid Check List Please verify that all required documents are enclosed with your bid as follows: r__101 L!1 Bid Form 1`=�,, I V1 Bid Bond LV J Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non-prequalifled bid packages) Newport Beach Civic Center and Park Project, Phase lit.Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BI® FORM Construction Hardware Company Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 008.1 Doors, Frames, and Hardware (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 684,700.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Six Hundred Eighty Four Thousand Seven Hundred Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT C_OST$.- If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): .............................. ............ .......... < .001 (UOM)> Unit Cost No. 2: Add/Delete (select):. . ....... ....... ...... < $-----�00 1 (UOM)> Unit Cost No. 3: Add/Delete (select): ........... .......... ...... ................ — < (UOM)> ALTERNAM$. (Only if Specifically Requested by Old Packare. sum Includes all cablicable to es and 0—sts) ALTERNATE No. 1: Add Aluminum Door Hardware (9/Deduct (select) ($ ALTERNATE No, 2: Add /Deduct (select) ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. S. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 ALTERNATE DEDUCT IN EXCESS OF $509000.00 FOR USING LOCAL MANUFACTURER FOR SOUND DOORS IN LIEU OF SPECIFIED MANUFACTUERS NEWPORT BEACH CIVIC CENTER ARIES PARK PROJECT PHASE III Attachment A b, Bidder understands that the Bid Documents and Bid Farm take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than I0% of the Bid: ____(Bidbond, ertified check, cashier's check or cash (circle one), 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto, 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, If awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not.start work on the Project until all paperwork required herein Is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons Interested in the foregoing proposal as principals areas follows: Mame: Daniel C. Stewart Nage: Daviel Alarcon Name ,~tame: Position/Title: President Position/Title: Vice President Position/Title: Position/Tltle: (IMPORTANT NOTICE l f bidderor other interested person is a corporation state legalnome ofcorporation, also names of the president secretary, treasurer, and manager thereof; if a co -partnership, state tare name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic CenterandPark Project, Phase III Bid Form November 8, 20 10 Page IS of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 515824 Expiration Date: August 31, 2011 Class of License Q28/Q28 (Note; I f the bidder is a joint venture, each member of the joint Venture must include the above information,) BID CERTIFICATION: 1, Daniel C. Stewart , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in conn ti7with this bidand all of the representations made herein are true and correct.. Executed on this � dayof %0&4�0„2010 at Los An eles County, California. Legal Name of Bidder Construction Hardware Company By Daniel C. Stewart Signatures of Bidder: Title: President Title NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of' authorized officers or agents and the document shall bear the corporate seal, if bidder is to partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behatf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 216 Pacific Street Pomona, CA 91768 Telephone: 909-594-9093 Email Address: ioej�a constructionhardwareco.com Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 SEELEY BROTHERS Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III – COMPLETION PACKAGE BID PACKAGE NUMBER: 008A DOORS / FRAMES and HARDWARE fDescription of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 1 2 and -, on file at the office of C. W. Driver, 571,170,00 — TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Five Hundred Seventy-one Thousand One Hundred Seventy Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTSr If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1. Add/Delete (select): ..................................... ............ 1 s - -.< / (UOM)> Unit Cost No. 2: Add/Delete (select): .............................................. ...... < / (UOM)> Unit Cost No, 3: Add/Delete (select): ...................................................... < / (UOM)> ALTERNATE Onf-Y 1tWeciffically Rgavoste-d by Bid Poskogf. SUM Includ A 9 pfficxbte wxAs antl Costs) ALTERNATE No. 1: Aluminum glass storefront hardware (Furnish only) Add Deduct (select) ($12�345M ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($--- ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum Z 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 7,135.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ [4,779.00] (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: $,. Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract, The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: SEELEY BROTHERS Position/Title: Partnership Name: ,P,h,iINorys Position/Title: Partner Name: Joe Calvillo — Position/Title: Partner Name., James Morelli Position/Title: Sales Consultant (IMPORTANT NOTICE- If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names or all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date: Class of License 712101 6/31/11 BC6 (Note: If the bidder is ajoint venture, each member ofthe joint venture must Include the above in formation.) BID CERTIFICATION: 1, James Morelli the Sales Consultant of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this _LQ_th_day of December 2010at Orange . ... ... . County, California. Legal Name of Bidder-SEELEY BROTHERS By James Morelli Signatures of Bidder: le: Sales Consultant Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat, if bidder is a partnership, the true name ofthe firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address - 1400 Moonstone, Brea CA. , 92821 Telephone: (714) 224-394.9 Email Address: Jmoi,elli@seeleybros.com Bidders are reminded to include all items In an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2410 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ❑✓ Bid Form ✓❑ Bid Bond aDesignation of Subcontractors aNon -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 17M 1.4 Company TO: C W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and 'familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Conti -act and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Conti -act, including all of its component parts, and everything required to be pet -formed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to pet -form the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 04-304pags t fonkilvil P) 6q I Itr,6 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 and —, on file at the office of C. W. Driver, BASE BID: TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of $ 22 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARD PROJECT PHASE III Addendum 2 UNITCOS If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) J Unit Cost No. is f __ Add/Delete (select):......................................................< $ .00/ (UOM)> Unit Cost No. 2: 91 Add/Delete (select): ............................ :........................ .. < .00/ (UOM)> Unit Cost Na. 3: Add/Delete (select): ......................................................< $ .00 / (UOM)> ALTERNATES: (Only i fSpecifcally Requested by Bid Package. sum includes all apbticable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ALTERNATE No. 2 0 Add /Deduct (select) ($ } ALTERNATE No. 3: l 1 Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ } Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 ,2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal, As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment, Suggested alternates shall be complete and functional in every respect, Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal, Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached. Bidder Suggested Alternates: Yes -)(-- No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ /,fl", — 4. Insurance: Bidder warrants that it has reviewed in detail with Its insurance carrier the insurance requirernents set forth in the Project Bid Documents. As part of this Contract, the Owner Intends to enact an Owner Controlled Insurance Program (OCIP). �Idders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ yo - (NOTE- Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. & The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein, The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take- precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase Ill Bid Form November 8, 2410 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 B. Bidder has attached the required bid security in the amount of not less than 10¢1 of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one), 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I l . It is understood and agreed that if written notice of the acceptance of this bid is mailed; telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid Is withdrawn, the undersigned will execute and deliver to C. W: driver a contract in the farm attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The` Subcontractor shall not start woricon the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: �` t`It f/tFI Position/Title: �f Name: Name: Name: Position/Title, Position/Title- Position/Title: (IMPORTANT NOTICE: l f bidder or other interested person is a corporation, state legal name of corporation, also names or the president secretary, treasurer., and manager thereof if o co-portnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder orotherinterested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Pro)ect, Phase III Bid Forrn November 8, 2010 Page 4 of b NEWPORT BEACH CIVIC CENTER AND PARD PROJECT PHASE 111 Addendum. 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: Class of License (Note: if the bidder is a joint venture, each member of the joint venture must include the above Information) BID CERTIFICATION: 11 f t~104- , the 95i r- of the bidder, hereby certify un er~ penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations ade herein are true and correct. Executed on this j day of L' 2010 at *1614 County, California. Legal Name of Bidder SO4 6WI, "I .� Pf Signatures of Bidder: � � Title: ✓t Title: NOTE: if bidder- is a corporation, the legal came of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear lite corporate seal, if bidder is a partnership, the true name o f the flan shall be set forth above together with the signature of tate partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: sourl aor 0 Mri - 17q'l W17 , Telephone: Email Address: Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly Identified on the front of the envelope, Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of b NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows-, --f icy Bid Form Bid Bond Designation of Subcontractors IZ Non -Collusion Affidavit Information Required of Bidders (for non-prequalifled bid packages) (4A Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Walters & Wolf Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 008.3 Exterior Curtain Wall, Glass & Glazing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 01 02 _,and , on file at the office of C. W. Driver, BASE BID: $ 8,849,283 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Eight Million Eight Hundred forty Nine Thousand Two Hundred Eighty Three Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNITCOSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. is N/A Add/Delete (select): ...................................................... < $.00 / (UOM)> Unit Cost No. 2: N/A Add/Delete (select):...................................................... < $ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :.................... .................................. < $.00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Packa$e, sum includes all applicable taxes and costs) See attached "Alternates to Base Bid" ALTERNATE No. I: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ } ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 87, 617 . 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 135 , 761 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or - Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Kandy Wolf Name: Nick Kocelj Name: Norm Shane Name: Tom Lackey Position/Title: Position/Title: Position/Title: Position/Title: CEO COO Vice President Vice President (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual coportners comprising the firm; if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 20 10 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder- certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. ; 373392 Expiration Date: April 30, 2 011 Class of License B, C-17 (Note: if the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: l Norm Shane , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 20th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Signatures of Bidder: Walters & Wolf Title: Vice President Title: Vice President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: 1975 Puddingstone Drive La Verne, CA 91750 909-392-0053 shane@waltersandwol£.com Bidders are reminded to include all items in on opaque seated envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page S of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: a Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 F1 1 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT .................. . PHASE III Addendum 2 BID FORM Tower Glass Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 008.3 Storefront / Glass & Glazing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. i , 2 , and on file at the office of C. W. Driver, BASE BID: $. - ik�00 D TOTAL. BASE BID (includes all applicable taxes and cost; or for the sum of (in words) SIV 8ILLYN 440t N#pblWg tg1k1r1/ r4Ir4S 066ANIO MLA12�. .4Ivio "Ipi The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. mport Beach Civic Center and Park Project, Phase III J Form ovember 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT ...................... ... PHASE III Addendum 2 UNIT COSTS; If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Furnish & Install glass handrail at San Miguel Pedestrian Bridge 91Deduct (select) ALTERNATE No. 2: Deglaze and Remove existing glass at existing Library dd Deduct (select) ($ S5$,gq a ) ALTERNATE No. 3: Furnish and Install new glass at existing Library Windows O/Deduct (select) ($ 7 10 0170 ) ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 1 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes —X— No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $�11.'00'a (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III . . Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice ofjthe acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Evelyn Swaim Position/Title: President Name: _Barry A. Swaim Position/Title: Sec./CFO Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License 576476 8/31/2011 C-17 (Note: 1 f the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Barry A. Swaim the Sec./CFO of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 21 st day of December 2010 at Sart Diego County, California. Legal Name of Bidder Touter Glass Inc Signatures of Bidder:�� 7`j,i Title: $ec /CFO 7�i Title: NOM if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal,• if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address; 9570 Pathway St. Suite A Santee, CA 92071 ^ Telephone: (619) 596-6199 Email Address: bswaim@towerglass.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Parlc Project, Phase ill Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE _III ..... ............. . Addendum 2 Bid Checic List Please verify that all required documents are enclosed with your bid as follows: MX Bid Form Bid Bond Designation of Subcontractors R Non -Collusion Affidavit n/ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Parl< Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM AQcaa„-zc,.WAYtA,... ass �+ Ac.v,&%,nsu,H e (A&A Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relatingthereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 00-9. 7-> C— .0 X TIN )&.s w .Q t-4— (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 I Z , and , on file at the office of C. W. Driver, BASE BID: TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) 11 , V ZN P47 LJ -4 aA3 l �i i� E E �+,1y<v �L � � - 7N �,�r `1 h 7 i�/OVS4�+D , „�yN� :� D 0 Lt..44S Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNITCOSrs: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N Add/Delete (select): .................................................. < $ 00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ 00 / (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $—.00 / (UOM)> ALTERNATES.• (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: FutLrui%&t %j .1/�Op_41z 0— s.a" ?!I �..�r-�r��Q••� DAddDeduct (select) ($ 0%, ZSR ALTERNATE No. 2: i-,>eco%-Az.z q-- 2-Zwrov-e, Ac.L Z:nisTivG 6P +-45-S v.v��S Add educt (select) ($ 1Zo, r ) ALTERNATE No. 3: FLY"1S9 ATZ"' 6t�4s,& 0' /7-5 CAI (rrLfZrz l'-Mia✓ter' Newport Beach Civic Center- and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A GddYDeduct (select) ($ Z t Z. , -- ALTERNATE No. 4: N Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ —1 `l . 17— -- (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6, bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: $ i a%p o, Lo r> AritoyA%_. Bid bon , certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Position/Title: _ /'& -ems J��r 41v..�e CY31- � Name: Name: Position/Title: _ Name: +k.x.' Position/Title: Y ' w M � Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretory, treasurer, and manager thereof; if a cc -partnership, state true name of firm, also names of ail individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 15 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 3 1 ?s-1 57% Expiration Date: "Zv t -t— Class L Class of License C. I"1 , c 4. 11 -01 g.� (Note: If the bidder is a Joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, LPA,J`�-c' ^vim, ti► r� —,the V"'-- of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this day of-V?_G7_m,6 Z X2010 at t>f4At-a re - County, California. Legal Name of Bidder rd Q_,_)4- 1T .d -r 6" ss Y- 14Ce By �ohi N a �.v ��►� 41- lz. Signatures of Bidder: _ Title: r / UAA Title: V ' Ii- = *1!5- . NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: \ 57-51 A t -M ­?A V -1Q- A f _ Telephone: - C.S-1 - S&B5 Email Address: _3 A 4NNA (a— AGA -- C-4 . co"A Newport Beach Civic Center and Parle Project, Phase III Page 16 of 37 Bid Form November 8, 2010 i bis. ,'s . �%6 /c ku' /� Srl?pl.ty "� tv"'t.!1}'o w1i RX NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum Z BID FORM HEINAMAN CONTRACT GLAZING Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, Including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III -- COMPLETION PACKAGE BID PACKAGE NUMBER: 008.3 Exterior Curtain wall / Glass and Glazing {Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , , and , on file at the office of C. W. Driver, BASE BID: S 7,936,740 TOTAL. BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Seven Million, Nine Hundred Thirty -Six Thousand, Seven Hundred Forty Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project. Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: SEE BELOW in ALTERNATES Section Add/Delete (select): ............................................ Unit Cost No. 2: Add/Delete(select):.................................... $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :........................................ ALTERNATES• (only IfSisecifTcally Requested by BFd Package, sum Includes a1I aItcable taxes and casts ALTERNATE No. I: Glass Handrail at San Miguel Pedestrian Bridge Add /Deduct (select) ($_ 27,310 1 ALTERNATE No. 2: Deglaze and Remove Existing Library Glass Units Add /Deduct (select) ($__ 27 430 ALTERNATE No. 3: Furnish and Tnstall New Library Glass Units Add /Deduct (select) ($ 42 , 120 ALTERNATE No. 4: N/A Add /Deduct (select) ($_ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 192,075 4. Insurance: Bidder warrants that It has reviewed in detail with Its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner Intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 85,339 (NOTE Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Iii Addendum 2 8. Bidder has attached the required bid security In the amount of not less than 10%b of the Bid as follows: X Bid Bond or N/A . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated In C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: John Heinaman Positionfritle: President Name: Positionrritle: Name: _ _ _ Positionfride: Name: Position/Title: (IMPORTANT NOTICE: ifbidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof; if co-parmership, state true name of firm, also names of ail individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE Ill Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 605508 Expiration Date: 10-31-2012 Class of License C-17 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Matt Kamper the Senior Estimator of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 21 day of December 2010 at Orange County, California. Legal Name of Bidder Heinaman Contract Glazing By Matt Kamper Signatures of Bidder:isV1/�---�-~�- Title: Senior Estimator Title: NOTE. If bidder is a corporation, die legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat; If bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership; and if bidder is an Individual, his or her signature shall be placed above. Business Address: 26981 Vista Terrace Suite E Lake Forest, CA 92630 Telephone: 949-309-3850 Email Address: mattk@heinaman.net Bidders are reminded to include all hems in an opaque seated envelope with the bid package number clearly identified on the front a f the envelope. Newport Beach Civic Center and Park Prolect, Phase III Page S of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: M Bid Form El Bid Bond 0 Designation of Subcontractors I—XLJ Non -Collusion Affidavit MInformation Required of Bidders (For non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase iii 6 Bid Form page 6 of November 8, 2010 E"NOORT BLACH CIVIC CENTER AND PARD PROJECT PHASE III Addendum 2 BID FORM METCOE SKYLIGHT SPECIALTIES Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 008.5 SKYLIGHTS (Description of Bid Pockoge) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $ 102,800.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One hundred two thou aild eight hundred dollar and 00/ The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NE'v`.,?ORT BE, -".CH CIVIC CENTERAND PAR' PROJECT PHASE III Ad- dendurn 2 UNIT COSTS: If unit prices are required of chis Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to charges in the Work, either additive or deductive, if pre-apprcved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (VVrite in the unit price or alternate description) Unit Cost No. 1: NA Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 2: NA Add/Delete (select): ............. .................................. .<$ .00/ (UOM)> Unit Cost No. 3: NA Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only ifSpecifically Requested by Bid Package. sum includes all applicable taxes and costs ALTERNATE No. I: NA Add /Deduct (select) ($__ ) ALTERNATE No. 2: NA Add /Deduct (select) ($ ) ALTERNATE No. 3: NA _ Add /Deduct (select) ($ ) ALTERNATE No. 4: NA Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 ..EACCI'H C,!\/!i.. (—L:,\ l Hr\.\i�ILJ Q:A`. F. -H ASc tit 1td—nduri, 2 ?. Bid er may suc-est alEernat.. materials ::.nd nn.e--hods that will p,rovi_e a cos- sa vinas C� the pr. cie-r. SUC' sug„ested alternates shall be fully described by the Bidder on a separate a--achmenc to this Bid l'ropcsal. As applicable, supporting infcrmation and details shall also be provided. Proposed :_ost savings am, cunts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at t. -,e sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X_ Yes - No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1,028.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $___I_, 1 nn _ nn (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein, The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (40) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November B, 2010 NFVIPCR T BEACH CIVIC CENTER AND. PARK RgEC T RHASE III Addendum 21 8. Bidder has attached the required bid security in the amount of net less than, 10°0 of the 'Old as fellows: 10% Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Steve Salegio Position/Title: Estimator Name: Position/Title: Name: _ Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal nome of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 �– l t E rV '-. i Gi�, C' `.i /IC C -N _R AND r,?K F`t ,'L I i'Lr,'+.Sc III �c,'dendLtn-i 13. Miler ccr_iflcs zl,3t he is licensee; in ac-"ordance wrch Lhe iava fcr tre r'e4:S:•"atlGn Cf Contraccors: License No.: 139335 Expiration Dare: 3/31/2011 Class of License C43, C17 (Note: If the bidder is oloint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Steve Salegio , the _&9timator of the bidder, hereby certify under penalty of perjury under the laws of the Stace of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 —day -of December ._2010at Gardena_ _LA County, Californin Legal Name of Bidder- METCOE SKYLIGHT SPECIALTIES By Steve Salegio Signatures of Bidder: _ ___ Title Title: Estimator NOTE: if bidder is o corporation, the legal mine of the corporation shall be se! forth above together with the signatures of authorized officers or agents and the. document shall bear the corporate seal; if bidder is a partnership, the true norne of the firm sholl be set forth above together with the signature of the partner or partners authorized to sign controcts on behalf of the partnership; and if bidder is an individuol, his or her signature sholl be placed above. Business Address: 1715 W. 135th Street Gardena, CA 90249 Telephone: Email Address: 310/354-0030 Steves-�metcoe.com Bidders ore reminded to include all items in on opaque sealed envelope with the bid par-koge number cleady identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form [November 8, 2010 NEWPORT BEACH CIVIC CEI"JT,_R AND P.A.-R< PIIRCIECT P. !17Jc lil Addendum 2 Bid Chec+c Lis: Please verify that all required docurnents are enclosed with your bid as follows: K Bid Form l� Bid Bond 10 Designation of Subcontractors IX -1 Non -Collusion Affidavit X❑ Information Required of Bidders (for non-prequolifed bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Anning-Johnson Company Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, -having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.1 Drywall, Lath and Plaster (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 z , and , on file at the office of C. W. Driver, BASE BID: ** See Bid Attachment for clarifications ** $ 3, 696, 500.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Million Six Hundred Ninety Six Thousand Five Hundred and 00/100 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: NA Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: NA Add/Delete (select): ...................................................... < $. Unit Cost No. 3: NA .00/ (UOM)> Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES.• (Only if Specically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. l: Framing, sheathing and waterproofing at Curtainwall head of wall. (Add%Deduct (select) ($ 59, 000.00 ALTERNATE No. 2: NA Add /Deduct (select) ($. ALTERNATE No. 3: NA Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($. NA Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 27,000-00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 35,000.00 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite j`site work throughout the duration of their Contract). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Steven Craig Name: Larry Domino Name: Andy Widin Name: Position/Title: Estimator Position/Title: C.O.O. Position/Title: vice -President Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: (�5,2 V 5 Expiration Date:8L..?/1/Z Class of License ^C C-9 CiS4$S C39 CG/�DZ9 (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Steven Craig g , the Estimator of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Anning-Johnson Company By Steven Craig Signatures of Bidder: Title: Coo SIGN HtERil: Title: vice PresidentSIGNff"E NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 13250 Temple Ave. City of Industry, CA 91746 Telephone: 626-369-7131 Email Address: scraig@anningjohnson.com Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form YBid Bond I Y1 Designation of Subcontractors eNon -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Brady Company/Los Angeles, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009-1 Drywall, Lath, Plaster, Fireproofing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 and 2 , on file at the office of C. W. Driver, BASE BID: $ 3,420,000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Million Four Hundred Twenty Thousand dollars and No/100 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N / A Add/Delete (select): ...................................................... < $ Unit Cost No. 2: N/A .00/ (UOM)> Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: N / A Add/Delete (select) :............................................ . .........< $ .00 / (UOM)> ALTERNATES: (Only ifSpecifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: N /A Add /Deduct (select) ($, ALTERNATE No. 2: N / A Add /Deduct (select) ($ ALTERNATE No. 3: N / A Add /Deduct (select) ($ 1 ALTERNATE No. 4: N /A Add /Deduct (select) ($ 1 Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 24,200.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 7 9 , 5 0 0 .0 0 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: XX Bid Bond or N/A 9. Non -collusion affidavit is attached hereto. Certified check, cashier's check or cash (circle one). 10. The required list of proposed Contractors is attached hereto. I I. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract; on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: William Saddler Name: Ted James Name: Name: Position/Title: President Position/Title: Senior Estimator Position/Title: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 735258 Expiration Date: Class of License B, C2, C9, C33, C 3 5 (Note: If the bidder is a joint venture, each member of the joint venture must include the above Oformotion) BID CERTIFICATION: I, William Saddler the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at 1010 N. Olive Anaheim 0 r a n 9 eCounty, California. Legal Name of Bidder_ Brady Company/ Los Angeles, Inc By William Saddler & Ronald Brady Signatures of Bidder:46 President Title: Of f icer NOTE, If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 1010 N. Olive Street Anaheim, CA 92801 Telephone: 71.4-533-9850 Email Address: tjames@brady.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase II I Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: XX Bid Form XX Bid Bond XX Designation of Subcontractors XX Non -Collusion Affidavit 1-1 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM KHS&S Contractors, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.1 Drywall, Lath, Plaster and Fireproofing (Description Of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 3,039,129.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Million, Thirty Nine Thousand, One Hundred Twenty Nine & 00/100 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ............. .< $ .00/ (UOM)> Unit Cost No, 2: N/A Add/Delete (select): ............. ( O ) Unit Cost No. 3: N/A Add/Delete (select) :.............. ( O ) ALTERNATES• (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. l: N/A Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) N/A N/A ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal, As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 30, 090.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 79, 084.99 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein, 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or N/A 9. Non -collusion affidavit is attached hereto. Certified check, cashier's check or cash (circle one). 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (I 0) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: David Suder Position/Title: President Name: Philip Cherne Position/Title: Chief Operating Officer Name: John Platon Position/Title: Executive vice President Name: Dennis Norman Position/Title: Chief Financial Officer (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. ; 737787 Expiration Date Class of License 7/31/11 & C-35 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Keith Volesky Vice President, Estimating the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Anaheim orange County, California. Legal Name of Bidder Keenan, Hopkins, Suder & Stowell. contractors, Inc. (KHS&S) By_ Keith Volesky, Vice President, Estimating Signatures of Bidder: Vice President, Estimating �,� —z VoTitle: @,� eith leslcv Itle: Chief Financial Officer NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; i f bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 5109 East La Palma Avenue Telephone: Suite A Anaheim, CA 92807 (714) 455-1123 Email Address: zach.fink@khsswest.com Bidders are reminded to include all items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: EBid Form M Bid Bond ElDesignation of Subcontractors 2 Non -Collusion Affidavit N�/ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A MARTIN BROS. / MARCOWALL, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.1 DRYWALL, LATH, AND PLASTER (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 _ 2 , and on file at the office of C. W. Driver, BASE BID: $ 2, 691, 842.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ......................................................< $ .001 (UOM)> Unit Cost No. 2: Add/Delete (select): ......................................................< $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($. ALTERNATE No. 4: Add /Deduct (select) ($. 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes % No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 58, 339.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A conflicting: verbal instructions, discussions during the job walk and the Instr6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any uctions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: $ 269 184.00 Bid bond, certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. I I. The names of all persons interested in the foregoing proposal as principals are as follows: Name: DAMON HOOVER Position/Title: VICE PRESIDENT Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: 1 If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page IS of 37 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM T -MAR Cory STR UCr(6 (q, (14C. p&A MAR'RN COAPORAT/aN Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III – COMPLETION PACKAGE BID PACKAGE NUMBER: QO9'. I DRYWALL, "rH AND PLASTER, AND F(REPROQFING (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. % 2, — , and , on file at the office of C. W. Driver, BASE BID: $ 3, 625, C/Q0 - _ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) THREE WIL.L(OW SIX HUND(ED TWENTY–FIVE TI-16L16AN,D Nme HUNDRED, The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Parl< Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per- Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either - additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost itern shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: NA Add/Delete (select): .................. (UOM)> Unit Cost No. 2: NA Add/Delete (select): ........................ .............................< $ Unit Cost No. 3: NA Add/Delete (select) :....... . ............ 00 ALTERNATES (UOM)> costs ALTERNATE No. I: NA Add /Deduct select ALTERNATE No. 2: NA Add /Deduct (select) ($_ ALTERNATE No. 3: N A Add /Deduct (select) ($ ALTERNATE No. 4: N A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 2 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 35, ?00.- 4. po,- 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 3 8 /OO , ccessful bidder will be required to maintain their General Liability and Automotive insurance coverage foo)`fal offsite work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: THOMA5 MAArIN Position/Title: PRESIDENT' Name: MICHAEL HAM(I—TON Position/Title: VICE. PR£SIDF_4&4T- Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof` if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Foam November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 716 461 Expiration Date: DEe. 31, 2p/l Class of License C 9 f C357 (Note: If the bidder is ajoint venture, each member Of the joint venture must include the above in formation,) BID CERTIFICATION: I, rH53MAS MRRr-ttq the PRESIDewr- certify under penalty of perjury under the laws of the State of of thee bidder, hereby California, that all the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this _ 15T" _day of pEe EmgfW D"Fcc County, California. 2010 at 65coNo/00 SANI Legal Name of Bidder T'—MAP- 553"13 Q u C'ifQN, INC. pQq MARTIN CORPoRq,TfOn( By T7-tQMhS MAR-rrnt Signatures of Bidder: Title: PREStaE j -r Title:VICE PAZE510GMT NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized Officers or agents and the document shall bear the corporate seal; i f bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership,, and if bidder is an individual, his or her signature shall be placed above. Business Address: 23.40 MEYE62.5' AVe ESCONDIIJO CA 92029 Telephone: -766 _ 9- 70/0 Email Address: f-0rna) rnetrffn<jr I V /1 CQm Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ❑� Bid Bond © Designation of Subcontractors ANon -Collusion Affidavit 1-1 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM Superior Wall S stems Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 00�_ Drywall, Lath & Plaster (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. -L—, 2 and on file at the office of C. W. Driver, BASE BID• $2, 7 905.00 (in wordsds)) TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of Two Million Seven Hundred Twenty Five Thousand Nine Hundred Five Dollars Newport Beach Civic Center and Park Project, Phase III Bid Form Page 12 of 37 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COttc; If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: 1\7 / a Add/Delete (select): (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ..................... ................................<$ 0 .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :............... .........<$ 0 (UOM)> costs ALTERNATE No. I: NIr Add /Deduct (select) ($ 0 ALTERNATE No. 2: _N/A Add /Deduct (select) ($ 0 ALTERNATE No. 3: N/A Newport Beach Civic Center and Park Project, Phase III Bid Form Page 13 of 37 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ 0 ALTERNATE No. 4: N/A Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes _x No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $_$83 784 00 (NOTE Successful bidder will be required to maintain their General liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 14 of 37 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: $ 272,591.00 . Bid bond ertified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. I I . The names of all persons interested in the foregoing proposal as principals are as follows: Name: Ronald L. Hudson Position/Title: -pre s i dent Lynnette M. Johnson -Mueller Name: Position/Title: Chief Financial Officer Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I5 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 475436 Expiration Date: Class of License 6/30/11 B, C9, & C35 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Lynnette M. Johnson -Mueller 1, , the C.F.O. of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Orange County, California. Legal Name of Bidder Superior Wall Systems Inc By Lynnette M. Johnson -Mueller Signatures of Bidder: LC��Title: Chief Financial Officer Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 1232 E. Orangethorpe Avenue llerton, CA 92831 Telephone: (714)278-0000 Email Address: bids@superiorwallsystems.com Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 11.1"D OW6 , i Performance Contracting, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.1 Drywall, Lath & Plaster (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BA$E BID. $ 2.616,397.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two Million Six Hundred Sixteen Thousand Three Hundred Ninety Seven The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No, l: N/A Add/Delete (select): .. I ... ... ... 1. 1.................... $ .QO / (UOM)> Unit Cost No. 2: N/A Add/Delete(select): ............................(UOM) Unit Cost No. 3: N/A Add/Delete (select):...................................................... < $ .00 / (UOM)> LLTERNATES, (Only ifsb9ciflcally Requested by Bid Package sum includes all g0ticable taxes and costs ALTERNATE No. is N/A Add /Deduct (select) ALTERNATE No. 2: N/A Add /Deduct (select) ($ } ALTERNATE No. 3: N/A Add /Deduct (select) ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase 111 Page 2 of b Bid Form November 8, 2010 NEWPORT BEACH CiVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 17,604.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for Insurance covered by the OCIP in the amount of $ 79 478.00 {NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contrarct}. 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the Instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty -rive (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 B. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ N/A . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bidis mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Bill Massey Position/Title: Sr. Vice President of Operations Name: Mike Jackson Position/Title: Branch Manager Name: Mike Smith Position/Title: Area Manager Name: Position/Title: (IMPORTANT NOTICE 1 fbidder or other interested person is a corporation, state legs! name of corporation, also names of the president; secretary, treasurer, and manager thereof, if a copartnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or Other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No, : 474785 Expiration Date: 06/30/2011 Class of License B. C2, C9 C15, C33 C35 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Mike Jackson the Branch Manaaer __ certify under penalty er, hereby of perjury under the laws of the State of California, that allof of tile he �nformat on submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this _ 16th day of —J ecember 2010 at County, California. —9ranae Legal Name of Bidder, rn_._ ___T Performance Contracting�lnc. By MikA .lar`kenn Signatures of Bidder: L/ VWs 7 Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, • if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder Is an individual, his or her signature shall be placed above. Business Address: 1270 N. Hancock Street Anaheim, CA 92807 Telephone: 714-701-9151 Email Address: Mike.jackson@pcg.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page S of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form F Bid Bond ElDesignation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase 111 Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH -1 CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Inland Pacific Tile, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other- Project Documents, hereby proposes and agrees to perform, within the time Stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner- all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.2 Ceramic Tile (Description of Bid Package) All in strict conformity with the drawings and specifications and other- Project Documents, including addenda nos. 1 2 and , on file at the office of C. W. Driver, BASE 81D. 4 6 '� _7 $ � 4 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder- will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. \ Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 Not Applicable NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ............( ) Unit Cost No. 2: Add/Delete (select): ............( O ) Unit Cost No. 3: Add/Delete (select) :............ ( ) ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ } ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder- Suggested Alternates: Yes 4— No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ �Q? 249��.O a 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Biddersrice excludes cost of premiums for insurance covered by the OCIP in the amount of $ L{ 0 4 , DO (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. 7, Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project_ Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Inland Pacific Tile, Inc. Name: Richard Jacobs Position/Title: President Name: _ Robert Morby Position/Title: Sec. /Trea Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 780298 Expiration Date: ..06/30/12 Class of License C54 (Note: If the bidder is a ioint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Richard Jacobs ,the President of , herby certify under penalty of perjury under the laws of the State of California, that allthe of the bidder ofsubmitted by the bidder- in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at San Bernardino County, California, Legal Name of Bidder Inland Pacific Tile, Inc. By_Richard Jacobs Signatures of Bidder:'�� rte: President A14� Title: Set Tress . NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: 1817 Commercenter West San Bernardino CA 92408 Telephone: ( 909) 89D-4526 Email Address: rich@inlandpacificLile.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Reach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 0 Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit X� Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM Charles McCandless Tile Cont., Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009, 2— Ceramic Ceramic Tile Work (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. _�, _� ,and on file at the office of C. W. Driver, BAS—_ $ 181 , 000.0o TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Hundred Eighty One Thousand ---------------------------- --------------------00/100 Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 12 of 37 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. _UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ............. .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ................. Unit Cost No. 3: Add/Delete (select):...................................................... < $ 00 / (UOM)> ALTERNATES.• (Only if Specifically Requested by.Bid Package sum includes all applicable taxes and cois ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Bid Form Page 13 of 37 November• 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($. ALTERNATE No. 4: Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes_ No .3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 3. 342. 00 (NOTE. Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a periodof�iy� calendar days after the Bid Date Deadline. Ninety () Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A b. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: $ 10% Bid Bond . Bid bond, certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Fred B. McCandless Position/Title: Secretary/Treas. Name: Charles M. Choate Position/Title: Name: Mark A. McCandless Name: Position/Title: Position/Title: President Vice President (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 15 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER ANI:) PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 196900 Expiration Date: _4 /30 / 12 Class of License C-54 (Note: If the bidder is ajoint venture, each mefnber of the joint venture must include die above information.) BID CERTIFICATION: I, Fred B. McCandless the Secretary/Treas certify under penalty of perjury under the ler, hereby aws of the State of California, thatoallthe of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th _day of december 2010 at Orange County, California. Legal Narne of Bidder Charles McCandless Tile Cont. Inc. By. Fred B. McCandless Signatures of Bidder: r - `' Title: Secretary/Treas, Title: NOTE: If bidder is a corporation, the legal name of the corporation sholl be set ford, above together with the signatures of authorized officers or agents and tile document shall bear the corporate seal., if bidder is a partnership, t,e true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of d,e partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 636 Poinsettia St. Santa Ana, CA 92701 Telephone: 714/542-4433 Email Address: bob@mccandlesstile.com Newport Beach Civic Center and Park Project, Phase III Bid Form Page 16 of 37 November 8, 2010 Italian Marble & Tile Co., Inc. 12426 San Fernando Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendun-r 2 n �Tl�'ui� F'�A�C3td'IRcv�x�-T/t..�S Co. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other- documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himse!f with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 -- COMPLETION PACKAGE BID PACKAGE NUMBER: Dag, 2 _ ��W*MQ TI LLs- (Description of Bid Packoge) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. _ I __, _2---, —3L_, and , on file at the office of C. W. Driver, BASE BID. $ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) i!R ] oLgt7L1 waS �.;, The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November B, 2010 �Wia n /Marble & Tile Co., Inc. 12426 San Fernando Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ......................................................< $ .001 (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select): ............................................ .< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 [tulean Marble & THe Co., Inc. 12426 San Penmdo Rd. Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect, Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes _X_ No Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructi�s to Bidders. The value of payment and performance included in the base bid amount is $ Soo= 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner- Controlled Insurance Program (OCIP). Bidders r a excludes cost of premiums for insurance covered by the OCIP in the amount of $ 2,1 SZ40 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein, The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after- the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8. 2010 Page 3 of 6 12426 San Fernando Rd Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder- has attached the required bid security in the amount of not less than 10% of the Bid as follows: r>/ Bid Bond or ca.)/ If { c Thbov ?/tG$<*CA- CW.- Z Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 1 I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor- for Subcontractor's failure to comply with these provisions, 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: C. fa0 9�Q405 �TteA Z 1 O Position/Tice: ?R-um affsk.�M Name: X% l.k t/i%�� 104MJ Position/Title: �/ ICS ,*�' SID OWT Name:. LlIC12M^ JW% Mft Position/Title: JNC�Q'TPMY Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual coportners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8. 2010 Page 4 of 6 3.ta(san Marble & T11e Co., in, 12426 San Fertiiattdo Rd Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.:t B28 Expiration Date: �it�3D�ZA�Z— Class of License C.1 �. 21 . �� I> ZZ (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, 'TAc'yk Ctknrrj04 &, the 010F PAM -S1 0e"ti.3T of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in conn s . with this bid and all of the representations made herein are true and correct. Executed on this day of Ck9M9WM 2010 at /,urs ArNZ19a8�. County, California. Legal Name of Bidder1"rPrt_I 00./Ipl'2(31.� k'` / ��• ► (�� By Signatures of Bidder: Title:vow Tl 1}i an (1 Title: ' NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 12YE/4'b-.i FirM"iCIN >Q QO&C.) Telephone: 81$ 3 47 -- 80 b 2._ Email Address: '?PW ;- f'1 LJM�.i / §"Q Bidders ore reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 Marble & 1ile Co., 1,ii 12426 San Fernaudo Rt' Sylmar, CA 91342 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Checl( List Please verify that all required documents are enclosed with your bid as follows: ZBid Form ❑ Bid Bond 4..)iTt4 Sra jr ❑ Designation of Subcontractors w /A— � T'Arv- klA<Jg- Non -Collusion Affidavit W 11-r srbsla- ❑ Information Required of Bidders (for nor -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Premier Tile & Marble Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.2 ---------------- Ceramic Tile (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 ? and , on file at the office of C. W. Driver, —ASE ID. $ 174, 446.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One hundred seventy four thousand four hundred forty six no/100--------- The bidder will enter all bid amounts in words and in numbers. In the event of a discrepan considered binding. cy, the words will be Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: NA Add/Delete (select): ..............................< $ Unit Cost No. 2: NA Add/Delete (select): ................ Unit Cost No. 3: NA Add/Delete (select) :.............. ............................... 00 / (UOM)> ALTERNATES: Onl i S ecificaffy Requested by 81d Package sum includes all a licable taxes an costs ALTERNATE No. I: NA Add /Deduct (select) ($ ALTERNATE No. 2: NA Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: NA Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes XX No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 2,180.57 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 2,082.00 bidder will be required to maintain their General Liability and Autornotive insurance coverage forr o f ite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: XX Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Greg Games Name: Lilian S. Games Name: Name: Position/Title: President Position/Title: Corporate Secretary Position/Title: Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is on individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III ,tAddendurn 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 682059 Expiration Dace: _ 12/31/10 Class of License C-54 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information,) BID CERTIFICATION: 1, Lilian S. Games , the Corporate Secretary of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15th day of December 2010 at Los Angeles County, California. Legal Name of Bidder Premier Tile & Marble By Signatures of Bidder: Lilian S. Games Title:Corporate Secretary .. Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of tine partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 15000 S. Main Street Gardena, CA 90248 Telephone: 310/516-1712 Email Address; Igaines.premier@sbcglobal.net Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CE=NTER AND PARK PROJECT PHASE III Addendun-i 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: L�[I Bid Form Bid Gond Designation of Subcontractors r, Non -Collusion Affidavit P9Information Required of Bidders (for non-prequaiified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM HUTCHISON CORPORATION Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.3 ACOUSTICAL CEILINGS/LINEAR WOOD CEILINGS (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I 2 , and , on file at the office of C. W. Driver, BASE BID: $ 2,372,092.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Two Million Three Hundred Seventy -Two Thousand Ninety -Two Dollars and Zero Cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNI_ T COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ............. .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ..............< $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select) :................ < $ .00 / ALTERNATES: Only if Specifically Requested by Bid Package sum includes all atiplicable taxes and costs ALTERNATE No. I: volunteer use Rulon company in lieu of Wood Material system Dedurt (select) ($ 300, 000. 00 ALTERNATE No. 2: volunteer use 9wood VE proposal specified materials Aft /Deduct (select) ($ 300, 000. oo � ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 20, 627. 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 40,335. 00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Roberts. Hutchison Position/Title: President Name: Stephen McDannold Position/Title; --Executive Vice President N Lind ame. a H • McDannold POSition/Title: Secretary / Treasurer Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 269512 Expiration Date: 04/30/2011 Class of License B C-2 c-9 C10 (Note: 1 f the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, Robert S. Hutchison President the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at _ Los Angeles County, California. Legal Signatures of Bidder: Title: Patterson Project Manager NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 2250 S. Central Avenue Telephone: (310) 763-7991 Email Address: dpatterson@hutchisoncorp.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ❑ Bid Form ❑ Bid Bond ❑ Designation of Subcontractors N/A ❑ Non -Collusion Affidavit ❑ Information Required of Bidders (for non-prequalijred bid packages) N/A Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BICC FOAM E11jay Acoustics, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Conti -act and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, .and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY Or NEWPORT BEACH CIVIC CENl"ER AND PARK PROJECT PHASE III ­ COMPLETION PACKAGE BID PACKAGE NUMBER: 0f'c1 . _�> A c oy S'Y,'C_� J C"' J+ 't (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. Z_ and , on file at the office of C. W. Driver, BASE BID: $� �l� TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid arnounts in words and in numbers. In the event of a discrepancy, the words will be �u f c lei considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Forn November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ........................ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ........................(UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ 00 / (UOM)> LTERNATES. (Only if Specifically Re nested by Bid Package sum includes all applicable taxes and osts ALTERNATE No. I: Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2, Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ , pj 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for - insurance covered by the OCIP in the amount of $_ i I, G Z S" (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all of fske work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other- than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting, verbal instructions, discussions during the job walk and the Instructions to Bidders handout, Newport Beach Civic Center and Park Protect, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. i he required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The nan-res of all persons interested in the foregoing proposal as principals are as follows: Name: Ronald B. Bishop Position/Title: President Name: Positicn/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporao'on, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising Me firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 257868 Expiration Date: 12/31/2012 Class of License B,C2,C9,C10 (Note: if the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, 1T a-twW Me, the �'r• S:c�a�: of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct Executed on this 15th day of December 2010 at 511 Cameron Street, Placentia Orange County, California. Legal Name of Bidder E11jay Acoustics, Inc, By Ronald B. Bishop Signatures of Bidder: � Title: President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, die true name of the firm shall be set forth above together with die signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 511 Cameron Street Placentia, CA 92870 Telephone: 714-961-1173 Email Address: rbishop@elljay.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows - Bid Form XBid Bond 5 Designation of Subcontractors RNon -Collusion Affidavit W' Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM KHS&S Contractors, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009-3 Acoustical Ceilings (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 3, 042, 211.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Million, Forty Two Thousand, Two Hundred Eleven & 00/100 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ................ Unit Cost No, 2: N/A .00/ (UOM)> Add/Delete (select): ................< $ .00 / (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :...... I ....... .......< $ .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: N/A Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 33, 070.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 39, 481.00 bidder will be required to maintain their General Liability and Automotive insurance coverage (for all off Successful work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or N/A 9. Non -collusion affidavit is attached hereto. Certified check, cashier's check or cash (circle one). 10. The required list of proposed Contractors is attached hereto. 1 1. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Dave Suder Name: Philip Cherne Name: John Platon Name: Dennis Norman Position/Title: President Position/Title: Chief Operating Officer Position/Title: Executive Vice President Position/Title: Chief Financial Officer (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 737787 Expiration Date: 7/31/11 Class of License D5 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1 Victor Dubois ,the Vice President, Specialties of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Anaheim, orange County, California. Legal Name of Bidder Keenan, Hopkins, Suder & Stowell Contractors, Inc. (KHS&S) By Victor Dubois, Vice President, Specialties Signatu;'es of Bidder: �7� Title: Vice President, Specialties j is or Ljuools Chief Financial Officer s NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporateseal, i f bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 5109 East La Palma Avenue Telephone: Email Address Suite A Anaheim, CA 92807 (714) 455-1253 andy.chien@khsswest.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: F-1 Bid Form Bid Bond Designation of Subcontractors ENon -Collusion Affidavit N/ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM PREFERRED CEILINGS INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III, COMPLETION PACKAGE BID PACKAGE NUMBER: 09.3 ACOUSTICAL CEILING / LINEAR WOOD CEILINGS (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: r TOTAL. BASE BID (includes all applicable taxes and cost; or for the sum of (in w The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Prosect, Phase III rage I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ............ $ .00 Unit Cost No. 2: Add/Delete (select): ............ (UOM)> Unit Cost No. 3: Add/Delete (select) :.. ..................................................... 0 O ALTERNATES(Only if SPgcfficallyRpRuested bX Bid Pockage- um includes ail licable tax and cost ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No, 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase 111 Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or - invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder- has attached Bidder Suggested Alternates: es No 3. Bonds: Bidder- has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ tire) t*s 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier- the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner- Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of!�, %� (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder- agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page. 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: MARKT. COBB Name: RICK G. RISSER Name: THOMAS E. CHAPLEAU Name: Position/Title: PRESIDENT Position/Title: SECRETARY/TREASURER Position/Title: VICE PRESIDENT Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,' if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III AddendUrn 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 705630 Expiration Date: 4/30/2011 Class of License C-2/B/C-10/A (Note: If the bidder is a joint venture, each member of the joint venture must inchide the above infurnwtiur ) BID CERTIFICATION: I, THOMAS E. CHAPLEAU the VICE PRESIDENT of er, hereby certify under penalty of perjury under the laws of the State of California, that all tof the he dinformation submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 14 day of DECEMBER 2010 at ORANGE County, California. Legal Name of Bidder PREFERRED CEILINGS, INC. By THOMAS E. CHAPLEAU Signatures of Bidder: Title: VICE PRESIDENT Title: NOTE, If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf o f the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 475 CAPRICORN STREET BREA, CA 92821 Telephone: (714) 255-9336 Email Address: tom@preferredceilings.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors ElNon -Collusion Affidavit Information Required of Bidders (for non-prequallfed bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendr.rm 2 E11jay Acoustics, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, ar.d everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER ANIS PARK PROJECT PHASE III — COMPLETION PACKAGE= BID PACKAGE NUMBER:y'c" l , `"-1 inti I I r.4011 'Ce , t , , 7F ," f (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda 110S.—I Z , and , on file at the office of C. W. Driver, BASE BID: $ y 1 `r 7 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) JJ r ! I 4-0 4 k4,4ov4 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form. November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendtrrn UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ........ . .. . . . . ......................................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :................................................. . ALTERNATES'lOnlyif�pecificall Requested by Bid Paciccre sum includes all a�iplis�ble taxes and cos ALTERNATE No. I: cc PA ✓r a4" �� c. a-, d ; S,.,,.,1 Add /Deduct (select) ($ iul%-- } ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form i`'age 2 of 6 November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ `� j f> c> 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 600 bidder will be required to maintain their General Liability and Automotive insurance coverage forall Ice work ccessful throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC: CENTER ANCA PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted, The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract_ shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Ronald B. Bishop Position/Title: President Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of Me president, serretnry, treasurer, and manager thereof if a ca -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form Nnvnmher 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARI: PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 257868 Expiration Date: Class of License 12/31/2012 B,C2,C9,C10 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: the ��c. s-���n `� of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15th day of December 2010 at 511 Cameron Street, Placentia Orange County, California. Legal Name of Bidder Elljay Acoustics, Inc. By Ronald B. Bishop Signatures of Bidder: Title: Title: President NOTE If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; ifbidder is a partnership, the true name o f the firm shall be set forth above together with are signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 511 Cameron Street Placentia, CA 92870 Telephone: 714--961-1.173 Email Address: rbishop@elljay.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, ?010 NEWPORT BEACH CIVIC CE=NTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ® Bid Form 71 Bid Bond Designation of Subcontractors Non -Collusion Affidavit qpInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November B. 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 r •� Fabric Wallcraft of California, Inc. Company TO., C. W. Driver, 1561 S Alton Parkway, Suite ISO, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below; CITY OF NEWPORT BEACH CIVIC CENTER AND PARI( PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 009.4 Fabric Wall and Ceiling Panels - FabriTrak, Barrisol & Eurospan (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 —,and— on file at the office of C. W. Driver, BASE BID: $ 402, 682.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) four hundred two thousand six hundred eighty two dollars and zero cents______________________ The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ....... ........ .....................................<$ 00/ (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ........ .. . ..... . . . ..........I ......................1$ 00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :........ ............................................<$ 001 (UOM)> ALTERNATES: (Only if Spee_ 'flim ,ally Requested bfr _PacBidPackage, sum includes all applicable tages and costs ALTERNATE No. 1: N/A Add /Deduct (select) ($ N/A ALTERNATE No, 2: N/A Add /Deduct (select) ($ N/A ALTERNATE No. 3: N/A Add /Deduct (select) ($ N/A ALTERNATE No. 4: N/A Add /Deduct (select) ($_ _ N/A Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes - No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 7 635.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $_7,695.18 bidder will be required to maintain their GeneralliabilityQnd AutornoUve insurance coverage for �ol all wok TE- Successful throughout the duration o f their Contract,). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W, Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. %. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: —X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached herein. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Fabric Wallcraft of California, Inc. Name: Fabric Wallcraft of California, Inc. Name: Name: Position/Title: Bart Moore/ President/CEO Position/Title: Erik Hile/ Sr. Project Manager Position/Title: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if o co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full,) Newport Beach Civic Center and Park Project, Phase ill Bid Form November B. 2010 Page 4 of 6 NEWPORT BEACH CIVIC; CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 486347 Expiration Date: 01/3 1 /2012 Class of License ___C.6I -1� 9�2__. ('Note: if the bidder is o joint venture, each member of dtejoint venture .gust include the above information.) BID CERTIFICATION: I, Erik Flile , the Sr. Project Manager of the bidder, hereby certify under- penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 161h day of Derembet :2010 at Orange County, California. Legal Name of Bidder Fabric Wallcraft of California, Inc. By Signatures of Bidder: Title: Sr. Project Manager Title: NOTE: ff bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of outhorizea officers or agents and the document shell bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Fabric Wallcraft of California, Inc. 2921 E La Palma Ave., Anaheim, CA 92806 Telephone: 1-714-632-8373 ext 204 Email Address: crikh(c�fabricwallcraft colli Bidders are reminded to include oil items in an opaque sealed envelops with the bid package number clearly identified on the front of the envelope. Newport 3each Civic Center and Park Project. Phase III Page 5 of 6 Bid Form L November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verity that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors aNon -Collusion Affidavit 1/� information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM MODERN INTERIORS Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.4 FABRIC WALL & CEILING PANELS (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 258,860.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) *** Two Hundred Fifty Eight Thousand, Eight Hundred Sixty Dallors, & no/100 *** The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ................ .................................. Unit Cost No. 2: Add/Delete (select): ........................ .............................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :........... . .. < 00/ (UOM)> ALTFRIuerrc. 1r._,._ .r.._ ._ __ costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of sug911sted alternates is at the sole discretion of C. W. Driver and in no way affects or lP P invalidates any a�rlof this Sid Proposal. Bidder suggested alternates are separate from and not part of this Bid Propo' aA' and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates & X Yes No Clarifications 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,139.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 5,821.00 (NOTE. Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Donald W. Bigler Position/Title: C.O.O. (chief operations officer) Name: Name: Name: Position/Title: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendtim 2 13. Bidder certifies that he is licensed in accordance with the law providing for the regist-ation of Contractors: License No.: 726369 Expiration Date: 08/31/2012 Class of License C61/D29, C61/52, C-2 (Note: l f the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I, Maria N. Herrera , the Officer of er, hereby certify under penalty of perjury under the laws of the State of California, that all tof the he dinformation submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th _day of December 2010 at Los Angeles County, California. Legal N,4me of Bidder MODERN INTERIORS By Ll" /Gti -' 9 L Signatures of Bidder:isle: C.O.O. /Project Manager Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership,* and if bidder is an individual, his or her signature shall be placed above. Business Address: P. O. Box 9097 Compton CA. 90224-9097 Telephone: (310) 886-8864 Email Address: < dbigler@modern-interiors.com > Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond N/A Designation of Subcontractors Non -Collusion Affidavit N/A Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM PREFERRED CEILINGS INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 09.4 FABRIC WALL AND CEILING PANEL (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W, Driver, BASE BID: $--3-8-5-0-0,0-00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) THREE HUNDRED EIGHTY FIVE THOUSAND DOLLARS. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ —.00/ (UOM)> ALTERNATES: Only if Specifically Requested by Bid Package. sum includes all applicable taxes and co t ALTERNATE No. I Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,850.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $. 1,260.00 ul bidder will be required to maintain their General Liability and Automotive insurance coverage (for alloffsite NOTE work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: MARKT. COBB Position/Title: PRESIDENT Name: RICK G. RISSER Position/Title: SECRETARY/TREASURER Name: THOMAS E. CHAPLEAU Position/Title: VICE PRESIDENT Name: Position/Title: (IMPORTANT NOTICE: 1 f bidder or other interested person is a corporation, state legal name o f corporation, also names o f the President; secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested Person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase 111 Bid Form Page 4 of b November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addetidurn 2 13. Bidder- certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 705630 Expiration Date: 4/30/2011 Class of License C -2/13/C -10/A (Note. if the bidder is a joint venture, each member of the joint venture must include the above in formation.) BID CERTIFICATION: I, RICK G. RISSER the SECRETARY/TREASURER of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 14 day of DECEMBER 2010 at ORANGE County, California. Legal Name of Bidder PREFERRED CEILINGS, INC. By RICK G. RIS Signatures of Bidder: Title: SECRETARY/TREASURER Title: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, die true name of the firm shall be set forth above together with the signature of the partner or panthers authorized to sign contracts on behalf of the partnership; and if bidder is on individual, this or her signature shall be placed above. Business Address: 475 CAPRICORN STREET BREA, CA 92821 Telephone: (714) 255-9336 Email Address: rick@preferredceilings.com Bidders are reminded to include 011 items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form El Bid Bond Designation of Subcontractors Non -Collusion Affidavit 0 Information Required of Bidders (for non-prequofifled bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time Stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver- and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: oaq.s. (Desuiption of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 381 ItZln , CX-) TOTAL BASE BID (includes all applicable taxes and cost: a- for the sura of (in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page t of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either - additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N1 W- Add/Delete (select): ............. ........ < $ .00/ (UOM)> Unit Cost No, 2: V L,IA Add/Delete (select): ............( O ) Unit Cost No. 3: Add/Delete (select) :....................... . ................. .. < $ .00 / (UOM)> ALTERNATES_(Only i f Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: hl Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III LAddenduni 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes VddNo 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $�J �4 • C7C 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 3+tom. OCA (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid. and to waive any informality o►- irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder- understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendtim 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: ,Y^ Bid Bond or- $ivl/a . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The nam,gs of allersons interesteOj.Q interested'.the foregoing proposal as principals are as follows: Cw�f�clpr�/oo.���,`yr�c: Name: _7Oc/d Position/Title: Are-Sid r,-t Name: SUli c.4 Position/Title: /n!, c%f G ly Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, a'so names of the president, secretary, treasurer, and manager thereof If a co -partnership, state true nonre of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addenclttm 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 5715.01 Expiration Date: 6-30-11 Class of License C /S (Note: If the bidder is a joint venture, each member of the jnint venture must include the above information.) BID CERTIFICATION: I, nd"/ , the 1# "'_s"c%Z- of the bidder, hereby certify under- penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this /(o day of llc�Aa.- 2010 at S�w County, California. Legal Name of Bidder ,4;1 By Signatures of Bidder: �Title:GS i r lCht Title: _�l/es i c�� C FQ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: /C 76 /3 66_11 Cc�uCt /�A'�iCy� �GCC'arnclr�Uai� Telephone: CgOyi 9�i/"c�30� Email Address: _�C+/ CCJ C. 7r/00"—t.Y 6? r7-) Ii Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond 2 Designation of Subcontractors ENon -Collusion Affidavit P] Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Tangram Fabricators Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.5 Floor Coveri (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 ,and on file at the office of C. W. Driver, BASE BID: 309,430.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Hundred and Nine Thousand Four Hundred and Thirty Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNI_ T COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ....................... .............................. < $ .00 / (UOM)> Unit Cost No. 2: N/A Add/Delete (select): .......................................... ...........<$ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :...................... . . ....................:<$ .00/ (UOM)> ALTERNATES:(Only if Specificalir Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal, As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: N/A Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,054.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 5,538.00 ccessful bidder will be required to maintain their General Liability and Automotive insurance coverage (for allff sNOTE ite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (I0) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Jack Hooven Name: Joe LozOwski Name: Nick Greenko Position/Title: C. 0. O Position/Title: C. E. O Position/Title: C. F. O Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name o f corporation, also names of the president, secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: A4L7--Cj ao( Class of License (Note: If the bidder is a joint venture, each member of thejoint venture must include the above information.) BID �CERTIFICATION: 1,—irei�lh "A certify under penalty of perjury under the laws of the State of California, thatoallthe of the information er, hereby submitted xe the bidder is connect, iQn with this id and all of the representations made herein are true and �correct. Executed al this _day of �e 2010 at (O : 3p -� County, California. Q . w. Legal Name of Bidder , CLke �-C" BYJ&1�hv�2't�1 Signatures of Bidder: _ C Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate sea/, • if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: `(R 00 cc�.�-cam Fe -A A 9'oee7o Telephone: Email Address: OOV P.tti 0.� �UC a SS C o IN\ Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: 1 911 Bid Form Bid Bond �J Designation of Subcontractors Non -Collusion Affidavit © Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Lawrence W. Rosine Co. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III - COMPLETION PACKAGE BID PACKAGE NUMBER; 009.5 Floor Coverings (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID. $ 388, 500.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Hundred Eighty Eight Thousand Five Hundred Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS_: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ............ Unit Cost No. 2: N/A Add/Delete (select): 00 / (U On> Unit Cost No. 3: N/A Add/Delete (select) :................. < .� __ $ .00 / (UOM)> AI TCD a�w rte.. _ COSts ALTERNATE No. I: N/A Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No. 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,800.0o 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 7,200.00 bidder will be required to maintain their General Liability and Automotive insurance coverage forE. o)Successful work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all'paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Joseph Alford Position/Title: President Name: Lawrence W. Rosine Jr. Position/Title: Vice President Name: Theresa Reulbach Position/Title: Secretary/Treasurer Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 173235 Expiration Date: 3-31-12 Class of License C-15 (Note: If the bidder is a joint venture, each member of the joint venture must include the above in formation.) BID CERTIFICATION: I, Joe Alford the President he bidder, hereby certify under penalty of perjury under the laws of the State of California, that oall tof the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this loth day of December 2010 at Irwindale LA County, California. Legal Name of Bidder Lawrence W. Rosine Co. By___ Joe Alford Signatures of Bidder: Title: President Title: NOTE. If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 15854 Business Center Dr. Irwindale CA 91706 Telephone: 626/962-4915 Email Address: Joea@lwrosineco.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form RX Bid Bond Designation of Subcontractors RNon -Collusion Affidavit EInformation Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November S, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM The- 2�c, mac)00 l y,1(2�, Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 0 09 . (Description of Bid All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I _, ,and '7— on file at the office of C. W. Driver, BASE BID. 4 I)b TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) tqu The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, th a words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): — < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select) $ < (UOM)> ALTERNATES: Qnly ifSpecificaffy Requested by Bid Package, sum includes all OPPficable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ �, (0 1B, 0 o C) o 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders pr1cp excludes cost of premiums for insurance covered by the OCIP in the amount of $_ 3 , ?j ? fj bidder will be required to maintain their General Liability and Automotive insurance coverage for allf Successful work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, aphed, or remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and delivered to the undersigned after the opening of the bid, and within the time this bid is required ed to deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within te (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shalln be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name:" ,fig<7 Name: Position/Title:,.: �,�� ����� Name: ` Position/Title: p {e� �„� ���.t✓ L " Position/Title: _ C Name. j Position/Title:) (IMPORTANT NOTICE. I f bidder or other interested person is a corporation, ions legal name of corporation, also names o the president secretary, treasurer, and manager thereof,• if a copartnership, state true name o individual copartners comprising the firm'. if bidder or other interested person is an individual, state first and last names in f full) f firm, also names of all Newport Beach Civic Center and Park Project, Phase Ill Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER ANIS PARK PROJECT PHASE III Addendurn 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Conti -actors: License No.: Expiration Date: Class of License_ i (Note: If the bidder is a joint venture, each member of the joint venture must include the obove in f orrnotinn.) BID CERTIFICATION: I. 1 \r'yr1� T.."5 C , the CCS= of er, hereby certify under penalty of perjury under the laws of the State of California, that all tof the he dinformation submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this { 1� cla of 201 Oat County, California. Legal Name of Bidder TL ^ 11 _7 . c /I� �J G C .'1 7<") �l t By Jkv e, C - Signatures of Bidder---- " ; Title: C 1 c..1 Title: _ P11 t NOTE: 1 f bidder is u cur potation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the f rm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: "'?. l: _ -- "7�,-- `t - y %, nt Email Address: — l k C -- Bidders Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page S of G November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: a Bid Form 1J Bid Bond L �I Designation of Subcontractors LV1 Non -Collusion Affidavit 12/ Information Required of Bidders (for non-prequoli fred bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BILA FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below; CITY OF NEWPORT BEACH CIVIC CENTER AND PARI( PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: _401F._4m A mss F/Gto 1 Ag (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. and , on file at the office of C. W. Driver, BASE BI©: 0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) o N e N1 I L -L -i oar . ow 6: N V >r -gs. -0 �r�l 'tom{ - s 1 x DU Sh�.r17 , r4 W r -iy h1 I C The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Parlc Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: T-Y1--�-►- `� -yf A "o -6t -e a Ph)-Lg . STrm M EC -IA 'Z -D c' n Add/Delete (select):........ ....... . ........................... < $ Sia D� 00 /�o , (UOM)> } Unit Cost No. 2: G -.r if t— y_"a.1t p / I -� � F f�° N G'I- so Add/Delete (select): ............ A00 ............................... < $ Z .00 /!S� (UOM)> Unit Cost No. 3: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> ALTERNATES: (Only if Speci fical_ yr Requested byr Bid Package, sum includes afl applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ALTERNATE No. 2 Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: )( Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1 C r 15 dz%'01:� 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier- the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ i 9 t '�� Z- (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder- understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendt.im 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or - delivered to the undersigned after the opening of the bid, and within the time this bid is required to rernain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar- days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names o—fall �persons pinterested in the foregoing proposal as principals are as follows: —g Name: I /tm Position/Title: '?rc'S 1 Q Name: ��CVC'-1) Position/Title: eFI) Name: Wd,.c4 c ( 1 � 1 ChD IS oil Position/Title: C nO I J��Yr �GrM Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a cot porution, state legal name o f corporation, oiso names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising die firm; if bidder or other interested person is on individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of G NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: �j%Sy„Zj�3 Expiration Date: 3�3i/gyp/Z Class of License t (Note: If the bidder is a joint venture, each member of the joint venture must include rile above information.) BID CERTIFICATION: —Tim e)gQA _ . the t'rG�f-1♦n3- c .L_ �:J_,_ U'IIIJGi, iici sur certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 day of tM%t,r 2010 at f%/gyl��f� County, California. Legal Name of Bidder_ �ea�S+e�G �'ni Cr.,{©rIS IPC, By -r,' nn. 4 84ctrn 7����Signatures of Bidder: Title: —Pres Title: NOTE If bidder is a corporation, the legal name of tine corporation shall be set forth above together wide the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, tine true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: .3226 -Det&j NIL(.I pd Frem Telephone: Email Address:�e;n)Le- t DrS, COrL-t Bidders are reminded to include oil items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM PSI3G, Inc, dba Partition Specialties, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.6 Access Flooring (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID. $ 1, 213, 000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Million Two Hundred Thirteen Thousand and Zero Cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, considered binding. the words will be Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Room 1602 Add/O�Wselect):......................................................<$ 43,560 .00/ (UOM)> Unit Cost No. 2: Cut Additional Panel Openings Add/tom(select):......................................................<$ 32 .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid PackageLsum includes all a��licable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ( ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 12, 000.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 10, 881.88 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ N/A 9. Non -collusion affidavit is attached hereto. Certified check, cashier's check or cash (circle one). 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten ( 10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Randy Squires Position/Title: President Name: Ryan Iwasa Position/Title: Vice President Name: Shawn Still _. Position/Title: Vice President Name: Karen Dohemann Position/Title: Secretary (IMPORTANT NOTICE: 1 f bidder or other interested person is a corporation, stale legal name o fcorporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name Of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder- certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 921 993 Expiration Date: Class of License 9/30/2012 C61 , D10 (Note: I f the bidder is ajoini venture, each member of the joint venture must include the above in formation.) BID CERTIFICATION: 1 Randy Squires ,the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder- in connection with this bid and all of the representations made herein are true and correct. Executed on this 10th day of December 2010 at Novato Marin County, California. Legal Name of Bidder PS13G Dba Partition Specialties, Inc. F Randy Squir, Signatures of Bidder: Title: Pr esiden L Title: Secretary NOTE: If bidder is a corporation, the legal nome of the corporation shall be set forth above together with the signatures of authorized officers jicers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address, Corpora a n f L ices 7428 Redwood Blvd #:1.01 Novato, VA 94945-2419 Telephone: 415.4 93 . 384 9 Email Address: r---qtjiresl@partitionspecialti.es.com Bidders are reminded to include all items in an opaque seoled envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 0, 2010 Page S of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form FXI Bid Bond Designation of Subcontractors 51 Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM PUGLIESE INTERIOR SYSTEMS INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 009.6 ACCESS FLOOR (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and _2 on file at the office of C. W. Driver, BASE BID: $ 1,110, 838.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ONE MILLION ONE HUNDRED TEN THOUSAND EIGHT HUNDRED THIRTY EIGHT DOLLARS The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either - additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: TO ADD FACTORY CUT-OUTS &Delete (select): ........................................... .......... < $__L. OC) .00/ (UOM)> Unit Cost No. 2: TO ADD FIELD CUT-OUTS Ad Delete (select): .............. ....................................... < $ 25.00—.00/(UOM)> Unit Cost No. 3: Add/Delete (select):......................................................<$.00/ (UOM)> ALTERNATES:(Only i if 5pecifiically Requested by Bid Package, sum includes all applicable taxes and cost ALTERNATE No. l: FURNISH & INSTALL "TYPE 4" ACCESS FLOOR IN COUNCIL CHAMBER MECHANICAL ROOM Add Deduct (select) ($ 59, 700.00 ) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3 Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($. Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 10, 988.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ ---L5,564. 00 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contrail). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: GENE F. ANAWALT Position/Title: PRFSTTIFNT Name: DIANE R. ANAWALT Position/Title: VICE PRESIDENT Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in. full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARI: PROJECT PHASE III Addendtim 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: Class of license 4711 C61—D10, D64 (Note: If the bidder is o joint venture, each member of tile joint venture must include the above information) BID CERTIFICATION: GENE F. ANAWALT the PRESIDENT of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 day of DECEMBER _2010 at ORANGE County, California. Legal Name of Bidder- Pl.1GLIESE INTERIOR SYSTEMS, INC. By, Signatures of Bidder: Title: PRESIDENT Title: VICE PRESIDENT NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: 30182 ESPERANZA RANCHO SANTA MARGARITA, CA 92688 _ Telephone: (949) 837-9194 Email Address: GANAWALT@PUGLIESEINTERIORS.COM Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond LJ Designation of Subcontractors Non -Collusion Affidavit 1-1 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 i l» e Tn4e.rr'DrsI, the Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 6105. 14/°ezf55 iS/b,9r1'A9 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , and , on file at the office of C. W. Driver, BASE BID: cs.7 113 �n t 8 � -0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) O N ci h'i r r�� I du � 1J f� j• } � I� ►��� Tu }p... -i y - S l X '11�6o v 5.�., � i � I �a la "C �-jy N p� -►� The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1:I --r- n� lZo orn Add/Delete (select):....... . f:�:) ................................... < $ 3 Ba�J 00 (UOM)> Unit Cost No. 2: hoID Add/Delete (select): ............ APO............................... <$ 2, ('� ' .00/ (UOM)> Unit Cost No, 3: Add/Delete (select):...................................................... < $ 00 / (UOM)> ALTERNATES: (Only i f Specifically Reaugsted by Bid Package sum includes all apPlicable taxes and c" Sts No. 1: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase 111 Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment, Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder- has attached Bidder Suggested Alternates: �)( Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1 L, I b O� •010 4. Insurance: Bidder- warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ i 9 "ly�'L (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid docurnents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one), 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or - delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver, a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar- days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons pintterested in the foregoing proposal as principals are as follows: Name: m f`Y�Q2G1 Position/Title: tipit's i �,-�- Name: ��CUcr, 'K*1yer4-- Position/Title: 0—FI) Name: 0IsOn Position/Title: Name: Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a curputution, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November a, 2010 Page 4of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 4T41=3 Expiration Date: 3/3,1 /-70/:2 Class of License 2--Z 1 d -g .i (Note: If the bidder is a joint venture, each member o f the joint venture must include the above information) BID CERTIFICATION: -7L" 60aA the pr e's i A p_ n-� k;a,ao, k,.., k - certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this /s- day of -J)fCeAAbe.r 2010 at Rlgm clw County, California. Legal Name of Bidder 15 e A By 7-t' /xt k� pG(C::,L Signatures of Bidder: Title: ?t^e�' 1"ICa+- Title: NOTE, If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat, • if bidder is a partnership, the true name of the firm shall be set ford) above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 3226 -DcL ...i Oplt-tgod F-re-fu.pf,L LSA '714539 Telephone: is / b — y3T-q/`7 / Email Address: I I,A 'e [� ��y ; ��o ;��-�rt [�rtS, 0611-t Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form MBid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A ■ Wilson & Hampton Painting Contractors Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents -relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the C;ontract'• and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the;„,:ime stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perfc m the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 —COMPLETION PACKAGE BID PACKAGE NUMBER: 009.7 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. i and 2 , on file at the office of C. W. Driver, BASE BID: $ (in words) �-jcJl/1 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of ! _ V Fivr.” Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. -(Write in the unit price or alternate description) Unit Cost No. 1: _ Add/Delete(select):......................................................<s .00/ (UOM)`:. Unit Cost No. 2: Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):.......................................................e $ .00 / (UOM)> ALTERNATES: (Only iMecifcally Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ( ALTERNATE No. 4: Add /Deduct (select) ($ ) 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such ; suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on•the attachment. - Suggested alternates shall be complete and functional in every respect. - Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects -.or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part•of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes i---- No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ (NOTE Successful bidder will be required to maintain their General Liability andAutomotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE ill Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: 100 of Bid Bond 8.: Non-collusionI affidavit -'is attached hereto. Bid bond, certified check, cashier's check or cash (circle one). 9. The required -list of proposed Contractors.is attached hereto. 10. ;It is understood and agreed tiiat if written notice of the acceptance of this bid is mailed, telegraphed, or 'delivered to the undersigned after the opening of the bid, and within the time this bid is required to ;remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Doug Hampton Position/Title: President Name: _ Clift Hampton Position/Title: coo Name: Lynn Jex Name: PositionlTitle: VP - Commercial Paint Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name o f corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page IS of 37 NEWPORT BEACH CIVIC CENTER AND PARD PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 144226 Expiration Date: 10/31/2012 Class of License C-33 (Note: If the bidder is o joint venture, each member o f the joint venture must include the above information) BID CERTIFICATION: I, Lynn Jex the vice President _ of the bidder, hereby. certify under. penalty of perjury 'under the laws of. the State of_California, that all of the information: submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this /1 day of c 010 at eo4 County, California. Legal Name of Bidder Wilson & Hampton Painting Contra .tors By Signatures of Bidder:�i.v�•��t ;�,�� Title: vice President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 1524 W. Mable St. Anaheim, CA 92802 Telephone: (714) 77 Email Address: lynnj@wilsonhampton.com Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company ny TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, Contract and complete in a workmanlike manner all of the work tools, expendable equipment, and all utility and transportation services necessary to perform the required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: o , - �— of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , I, and on file at the office of C. W. Driver, BASE BID_ s�q , TOTAL BASE BID (includes all applicable taxes and cost; or for the s (inlY,ords) um of AV �� ` C? em ►'" / 1 u��Ulr-fir The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, thwords will e considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ......................................................< $ 00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ........................................... .......... < $ 00 / (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ 00 / (UOM)> ALTERNATES:(Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs AlC_ N ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. no way affect or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates:/ Yes V No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with th structions to Bidders. The value of payment and performance included in the base bid amount is $ 7 4f �x1 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 3', r � U(; bidder will be required to maintain their General Liability and Automotive insurance coverage foallf Successful worldthroughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: y Bid Bond or $ ~f Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: fir( (a Position/Title: Name: V - 0 �.(/�-�t VIP Position/Title: !Scl Name:� Q ���j (� ��/-� �Qosition/Title: P r Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer; and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: �' 1 Class of License C (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, usgyL A� orpj � � �he thei�, 12 er!i er, hereby certify under penalty of perjury under laws of the State California, that oall tof the he information submitted by the bidder in connection with this bid and all of the representations m correct. Executed on this ade herein are true and L_day of �CP—WV 0 'r1 County, California. 2010 at BV�P-, P,, Legal Name of Bidder —F:>oVbU-Y\ By fi Or'e 1,,-j hVI o Signatures of Bidder: %% `IIGC%ZLG 1c,dj Title: e � >✓ Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal,if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the Partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: ck— rim, C - q ock2o Telephone: Ufq/ q C`v l -- o l. Email Address: a u:S-aVI •t' l"' kbV6 n,ne,�— Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that al /required documents are enclosed with your bid as follows: Bid Form Bid Bond L �'I Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM G� Company TO; C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other docurnents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the worl< is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PA�KAGE NUMBER: W• (Description of Bid Package) All in strict conformity with the drawings and specifications and other- Project Documents, including addenda nos. __L, �2 , and ___, on file at the office of C. W. Driver, BASE BID: (in words) /X /�N TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of - r-iq v The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNI— T-- CATS. If unit prices are required of this Bid Package per Subcontract Exhibit C Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the additive ordeductive, if pre -approved b C. W Y Driver beyond the original scope. Each unit cost oitlem either include taxes and all associated costs. (Write in :he unit price or alternate description) Unit Cost No. I: Add/Delete (select):........... 00 / (UOM)> Unit Cost No. 2: Add/Delete (select):......... -- (UOM)> Unit Cost No. 3: ; d- Add/Delete (select) :........... ..................... ALTERNATES (OnlvifSpecif��n„n. (UOM)> costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: A/ / Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 2 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder- on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver- and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes VINo 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 6:, C.>00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 0 S d o- U v NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage (for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor-, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver- reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or it -regularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty -rive (90) calendar days after- the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows. Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names ofaallersons interested in the foregoing proposal as principaZ�c e as follows: Name:S/ a t~?jQC' c7 l Position/Title �J/`l� Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is u corporation, state /ego/ name o f corporation, also names of the president secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: � �� �/ / 6 License No.: /� Expiration Date: til — -3 1 — 20/ 2 - Class Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, (_ JSP t:`b,e(iZoJ the ��/'Uc�' of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bi and all of the representatio s able herein are true and orre t. Executed on this day of r2w�z� 2010 at i -i 1v5 County, California Legal Name of Bidder By LOS /--?g S (---7eDe4::;i U /7!7/l/ 77 Signatures of Bidder: LTitle: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: `/ 33 C OU Vt,e p U 11 -e- N/1 -I-OAJ 1 C'�9- `?off -'i1, Telephone: r-.51-0 / -SZ'/ go / -� Email Address: 310) L �% a C EJB' %2 3CJ f'f1C.sC' N P Bidders are reminded to include all items in an opaque sealed envelope with the bid package number e'eorly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Western Painting & Wallcovering, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: 9.7 Painting (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I and 2 on file at the office of C. W. Driver, BASE BID: $ 605, 894.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT T COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ............................... ......................<$ .00/ (UOM)> Unit Cost No. 2: N A Add/Delete (select): ........ . . .... . Unit Cost No. 3: N/A Add/Delete (select) :..... .................... <$ .00/ ALTERNATES: Onl - i i i eccal! Reguested b Bid Packer a sum includes ali a licable taxes and costs vexes vend ALTERNATE No. I: N/A Add /Deduct (select) ($ ALTERNATE No. 2: N Add /Deduct (select) ALTERNATE No. 3: N Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 9,480.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 11, 066.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Matthew McGinnes Position/Title: President Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the President, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 416661 Expiration Date: _I /3-1 2nl 2 Class of License C-33 (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I, Matthew McGinnes , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Monrovia LA County, California. Legal Name of Bidder Western Painting & Wallcovering, Inc By Matthew McGinnes Signatures of Bidder: Title: President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 1925 South Myrtle Ave. Monrovia., CA 91016 Telephone: 626--301-1.000 Email Address: westernpainting@aol.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ET Bid Bond I®J Designation of Subcontractors f=1 Non-C011usion Affidavit Information Required of Bidders (for ac bid non- re uafi ted P 9 f packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 101 Bellizzimo Terrazzo TERRAZZO I TILE I .EPDXY A SER Company License # 869969 C-15 C- 54 8541 Wellsford Place. Suite D Santa Fe Springs, CA 90607 Phone (562) 696-6400 Fax (562) 696-7100 PROPOSAL/AGREEMENT THIS AGREEMENT is made on the 16th day of December 2010. The parties to the agreement are as follows WITH Bellizzimo Terrazzo CONTRACTOR: C.W. DRIVER ATTN: RIMMA GUTNIK PROJECT/JOB SITE LOCATION: NEWPORT BEACH CIVIC CENTER & PARK PROJECT PHASE III — NEWPORT BEACH, CA SCOPE OF WORK: Included:. Epoxy Terrazzo - 096623 • Grind or Shot blast sub -slab in room #'s 202 and 202A • Installation of 1/8" alloy or zinc divider strips in standard pattern • Installation of manufacturers crack suppression membrane and primer in room #'s 202 and 202A. • Installation of 3/8" epoxy terrazzo floors and cove base in room #'s 202 and 202A • Aggregate Mix to be 100% marble aggregate. • Grind, grout, polish and seal newly installed terrazzo floor and cove base. • Prevailing Wage for "Terrazzo Worker" - $44.33 • Prevailing Wage for "Terrazzo Finisher" - $36.42 • Total Job Approx. 290 S.F. of floor and Approx. 90 L.F. of cove base. Excluded: • Protection of Terrazzo after final sealer • Back -Fill • Weekend or off -shift work • Exotic Marbles 1. Scope of work. The Sub -contractor will furnish all of the material and labor to perform all of the work described on the Drawings and Specifications. Which is part of this agreement. 2. Workmanship. All materials are guaranteed to be as specified and as warranted by the Manufacture. All work will be completed in a workmanlike manner according to standard practices. The materials and work comply with applicable codes and ordinances. 3. Extras, alterations, or deviations from the original contract will be at an additional cost and only be undertaken upon written change order and will become an additional charge and may extend the time of completion. 4. Contract price and payments. Owner will pay Contractor for the satisfactory completion of the work. 5. Procurement payment for lead-time items (i.e. Logo's, Custom Colored Epoxy, Aggregate) will be required. 6. Contractor/Owner shall provide dumpster for all debris, water and 110/220 single phase power 7. All Terrazzo Patching to match as close as possible. Sample must be approved by Owner/Architect 8. Proposal Valid for 90 Days from date on this proposal/agreement 9. Payments due no later then 30 dans from invoice 10. Bellizzimo Terrazzo will not be responsible for finishes of any type prior, during, or after installation. NOTE: Failure to make payment as provided above may result in sub -contractor having an enforceable claim against the property in accordance with applicable Lien Laws. Progress Payments: Active Payment in full: N/A AMOUNT: $18,911.00 Bellizzimo Terrazzo. Date C.W. Driver Date NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 1111_— COMPLETION PACKAGE BID PACKAGE NUMBER: C)09-1 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , - -r and '% , on file at the office of C. W. Driver, BASE B►D: $ ', o14a 4 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding, Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid_ Form. November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: �-A /A,- Add/Delete (select): ...................................................... < $_.O0 / (UOM)> Unit Cost No. 2: t`� /4- Add/Delete(select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: C �`- Add/Delete (select) :.............................................. I ....... < $ .00 / (UOM)> LTER AT l 1J$pec!ficgfiX Regugged by Bid P "kgz sum i ! s all awficable taxes an CO-- ALTERNATE No. I :. Add /Deduct (select) {$ ) ALTERNATE No, 2: I__� /A. - Add /Deduct (select) ($ ALTERNATE No. 3: t_� Add /Deduct (select) ($ ALTERNATE No. 4: t- --k h., Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November- 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes / No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ _`f" — 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ (Qc2c -- (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ . Certified check, cashier's check or cash (circle one). 4. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing, proposal as principals are as follows: Name: k' � �'-E # C�.cr-ice Position/Title: O -C-0 Name: _ i .•i�7 i L 4 Aopi tAE:i..t.T,.t- -- Position/Title: Name:t Position/Title:khi__ E Name: Position/Title: (IMPORTANT NOTICE: l f bidder or other interested person is a corporation, state legal name o f corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: _2_ t `� C14: Expiration Date: Class of License (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION:_ I. Eacl�Lxn3- the VOLLF . cz •l`i of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this (G--'- n day of S 'rpt –€ 2010 at e�F-P.r1 County, California. Legal Name of Bidder r-�.. C—c>Q.(>. Bx -:�!>c—tT- Signatures of Bidder: Title: —� Title: NOTE. If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and dje document shall bear the corporate seal,• i fbidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: t�,4�{'. 11 M'm Telephone: ( 3Z -J) 22 t – 1� t Email Address: ___(,'�.L co C CohA Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form. November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: L`_'J Bid Form ❑ Bid Bond (t�l�� �t✓r TZ�Mr G,vTrATY) ❑ Designation of Subcontractors to /0 - ElNon -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 12/16/2010 10:50 M_ _ PAYNE + ASSOCIATES, INC. 4 919492615. MIKE PIYNF & Assoms, INc rile. Stene. Terrazzo, Industrial flooring 33370 MISSION TRAIL. Wildomar CA 92595\P,O.BOX 396 LAKE EI-SINORE, CA, 92530 phone 951.674,8377 fax951.674,7828 CA# 624448 NV #62378 December 6, 2010 PROPOSAL Newport Beach Civic Center and Park Newport Beach, Ce Attn: Rimme Gutnik C.W. Driver Scope 096623 °Resinous Matrix Terrazzo Flooring" Per Plans and Specs Addenda 1 and 2 Noted Via Faoc,1 of 1 Baso Bid for Above Scope of Work $14,865.00 NO. 763 D01 I. Ternwo areas will be cleared of all construction materials and debris, scraped, brow ofean and to from traffic priorto oommena+merr✓ oiworik by o,16r6m=o con"r. 2, Power(250V 60A 1PH and 48oV 30A 3PH), water, light, ventilation, dust control and dumpster for removal of grinding residue by others. 3. This proposal does not include oonective concrete work such as flanening, filling, leveling, grinding, moisture remediation and/or ph radurtion, 4. Cement terrazzo; Comets sub tloorto be level (maximum variation not to exceed 114 inch in 1 Oft)and to have a 001 trowel surface. No curing agents or other add/ ms whidl could prevent bonding should be used. Saw cutting of control joutfs must be done between 12--24 hours after placement of the sbtftral concrete. 5. Ambient tomperature shall be maintained as permanufectums recommendations, minimum 50 degrees Fahrenheit. 8. Cracks In substrate will usually betronsmilted through topping to surface. 7. Epoxy Tom= Sub floor not to vary more than W from he plane In W. Epoxy Tamazzo, as spec&d 15 not intended to level substrate and will only follow the contour of ft concrete slab. If, for any reason, the suboontradorquesbons the suitabrily of the substrate for bonding, any work required to eliminate nonconformity of subsurface speo1iikations is the responsibility of others. Any material used to correct noncoMomtlty must be compatible wnn epoxy system 9elocod and be approued by rhe tBff,= contractor. 8. Grout may be left on tanam until all heavy and massy wads In project is completed. 9. Color and design from NTMA color rates or information guide. Any daviation must be cleady stipulated NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Stumbaugh & Associates, Inc. Company TO: C. W. Driver., 15615 Alton Parkway, Suite 150, It -vine, CA 42618 I. Pursuant to and in compliance with your. Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and .other Project. Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and, complete in a workmanlike manner all of the work required in connection with the. Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 010.1 Toilet Partitions & Accessories (Description of Bid Package) All in strictconformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID, 63,183 TOTAL BASE BIL) (includes all applicable taxes and cost; or for the sum of (in words) Sixty -Three Thousand, One Hundred and Eighty -Three The bidder will. enter all bid amounts in words and in. numbers. In the event of a. discrepancy, the words. will be considered binding. Newport Beach Civic Center and Park Pro)ect, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No, 2: N/A Add/Delete(select):......................................................<$ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select):...................................................... < $ —.00/ (UOM)> ALTERNATES: (Only ifSpecifrcally Requested by Bid Package sum includes all applicable taxes and casts ALTERNATE No. is N/A Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($, ALTERNATE No. 3: N/A Add /Deduct (select) ($ } ALTERNATE No. 4: N/A Add /Deduct (select) ($ } Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARD PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1,239 4. Insurance: Bidder warrants that it has reviewed In detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 734 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any Informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout, Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ Certified check, cashier's check or cash (circle one). 4. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. II. it is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W, Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Jeff Stumbaugh Position/Title: President Name: Mark V. Herzer Name: Tim Reardon Name: Position/Title: Executive Vice President Position/Title: Vice President Position/Title: (IMPORTANT NOTICE If bidder or other interested person Is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of b NEWPORT REACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No, Expiration Date: Class of License 288724 4/30/2012 C61 / D24 (Note: I f the bidder is a joint venture, each member of the joint venture must include the above information) BiD CERTIFICATION: 1 Mark V. Herzer _ the Executive Vice President of the bidder, hereby certify under penalty of perjury under the laws of the Skate of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December 2010 at Los Anae es County, California. Legal Name of Bidder Stumbaugh & Associates, Inc. By Mark V. Herzer Signatures of Bidder: "I"j €xecutive Vice President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal,, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual his or her signature shall be placed above. Business Address: 3303 N. San Fernando Blvd. Telephone: 818-240-1627 Email Address- Jeffs@stumbaugh.net Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of b NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: FX I Bid Bond © Designation of Subcontractors Non -Collusion Affidavit © Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM L-,-2 0�4---77�s� e Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: C)! o• �-- A�l.S G f L�� ay5 C�}G 77� (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. —/--, , and , on file at the office of C. W. Driver, BASE BI DD: $ :7. 000 +`�' TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in wojrs�%ice cz 4�G� The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select) :.................... . ........................... . ..... < $ .00 / (UOM)> ALTERNATES (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes V' No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ -I/o d> . -' 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ Z 'r (=.. '0 ` (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: V Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name:�%�• L-�T /* Position/Title: %� Name: .SCO= Y/' Position/Title: •� � 5 � Name: 2 s1afC/kZ 77" //yCposition/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: Class of License LS (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I, the - ��cS%.DF'i(/�— of the bidder, hereby certify under penalty of perj y under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this —f (o day of 2010 at t^/T��x r,f/ Q,6d[�County, California. Legal Name of Bidder7,_5,�� BY 715,---GIbuS'l• Signatures of Bidder: Title: s£ GAl EA, NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, i f bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Telephone: _. Z/y— F 1739 0 8 Email Address: rxx .G e2� �� L�"i�s , C'p/y Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 { IIEWPOR i BEACH CIVIC CENTER ER AICD PARK PROJEC T PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: VBid Form I - 1 Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (fornon-prequafifted bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 e ler L, Ov�CfAC� �' (�eSi�v► Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: _ (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , and —? , on file at the office of C. W. Driver, BASE BID: $ 10 &4 2-10 : e) TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words] N. " 6/ -)?y O/V-HvbDo 37--/ ice, v<'4Ai0 TO 0 %` 'n�(} i W � U 1f� /i) O eh;13 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): < $ .00 / Unit Cost No. 2: iv /� / Add/Delete (select): ................................. / ................... / Unit Cost No. 3: (UOM)> (UOM)> Add/Delete (select) ' (UOM)> ALTERNATES: (Only if Uecificolly Requested by Bid Package sum includes a►1 golicable taxes and costs ALTERNATE No. I: Add /Deduct (select ALTERNATE No. 2: Add /Deduct (select; ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) (4i Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No �,�/i7 , 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ l0O"I 6F(,M_K6_(L 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: I/ o OYA Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: / Name: / i/? hT GI Position/Title: 21-Y! 9A9, �Q , 77� Name: 9L,� i, � _TA Position/Title: S667?0lA` n4�'6 X—' Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: (' a" 0 Expiration Date: / t7 Z c;) Class of License j 6-A) A 1_ (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: ', , the of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this Wand all of the repr entations made herein are true and correct. Executed on this 4;141 � day of J6N Urg(Z� 20;at _Sf) 70 L . (A -5'ONLYA County, California. Legal Name of Biddere- -W (;(�IA4 10 1 19 n� j �&,� 7' Signatures of Bidder:` / Title: Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, ifbidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individua), his or her signature shall be placed above. Business Address: S Pel (--4 &.7—Uc Telephone: C �v 2.. X,� 3 --`ori t' -q&, 9 l7 Email Address: we -i Yom`✓ `j (�— %, d cw 4rl-oe- 60"q Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ✓a Bid Bond RrDesignation of Subcontractors ET Non -Collusion Affidavit 11 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 BID FORM J.F. Duncan Industries, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III - COMPLETION PACKAGE BID PACKAGE NUMBER: 011.2 Food Service Equipment (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W, Driver, BASE BID: $_ 135,584.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Hundred Thirty.—Ifive Thousand, Five Hundred Eighty—Four & no/100 dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: _ N/A Add/Delete (select): ..................................... ................. < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ... ................................................... < $_-001 (UOM)> Unit Cost No. 3: Add/Delete (select) :........................ . ............................. < $ .001 (UOM)> ALTERNATES (Only i f Specifically Requested by Bid Package sum includes all applicable taxes and C" Sts No. I: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1, 330.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 295.0_0 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Dona.1d L. Durward Position/Title: Vice President Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: if bidder or other interested person is a corporation, state legal name o f corporation, also names of the president secretary, treasurer, and manager thereof if a co-portnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111 Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : 598206 Expiration Date: 7/112 Class of License C-43 (Note: I f the bidder is o joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: 1 Donald L. Durward , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 28th day of Janilary 2010 at Los Angeles County, California. Legal Name of Bidder J.F. Duncan Industries Inc. By_ Donald L. Durwa Signatures of Bidder:-_ Title: f Title: Vice President NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: 9.,301 Stewart & Gray Road d _ Downey, CA 90241 (562) 8624269 dond@duravco. Bidders are reminded to include aN items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope, Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form X1 Bid Bond ElDesignation of Subcontractors INon -Collusion Affidavit Information Required of Bidders (for non-prequalifted bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Kamran and Company, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 011.1 Food Service Equipment (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 125, 860. 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One Hundred Twenty Five Thousand Eight Hundred Sixty Dollars 00/100 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00 / (UOM)> ALTERNATES• (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: N/A Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 1, 8 6 0. 0 0 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 670.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: 10 % Bid Bond or N/A 9. Non -collusion affidavit is attached hereto. Certified check, cashier's check or cash (circle one). 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Firouzeh Amiri Position/Title: President Name: Kamran Amiri Position/Title: Vice President Name: Kamran and Company, Inc. Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 680904 Expiration Date: Class of License 11/30/2011 C38 (Note: If the bidder is ajoint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1 Kamran Amiri , the Vice President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 day of December 2010 at Santa Barbara County, California. Legal Name of Bidder By Kamran Amiri Signatures of Bidder: Kamran and Company, Inc. r Title: Vice President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 411 E. Montecito St. Telephone: Santa Barbara, CA 93101 805-963-3016 Email Address: anja@kamranco.com Bidders are reminded to include ail items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: FABid Form r Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM CONTRACT DECOR, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 012.1 ROLLER SHADES - -- (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 143,490.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ONE HUNDRED FORTY THREE THOUSAND AND FOUR HUNDRED NINETY DOLLARS The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: NOT APPLICABLE Add/Delete (select): ....................................< (UOM)> Unit Cost No. 2: NOT APPLICABLE Add/Delete (select): ...................................................... < $ 00 / (UOM)> Unit Cost No. 3: NOT APPLICABLE Add/Delete (select) :............................................ . < $ 00 / (UOM)> ALTERNATE i: (Only ifSbecifically Requested by Bid Package sum includes all applicable taxes and COSIs ALTERNATE No. I: NOT APPLICABLE Add /Deduct (select) ($ 1 ALTERNATE No. 2: NOT APPLICABLE Add /Deduct (select) ($_ ALTERNATE No. 3: NOT APPLICABLE Add /Deduct (select) ($ ALTERNATE No. 4: NOT APPLICABLE Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 2,870.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 466.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: DAVID STEWART Position/Title: TREASURER Name: ROBERT SAVAN Position/Title: VICE PRESIDENT Name: SHARI STEWART Name: MARC STEWART Position/Title: SECRETARY Position/Title: PRESIDENT (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: 6/30/2012 Class of License D-52 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I DAVID STEWART , the TREASURER of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 14 day of DECEMBER 2010 at RIVERSIDE County, California. Legal Name of Bidder. CONTRACT DECOR, INC. By DAVID STEWART (Treasurer) and MARC STEWART (President) Signatures of Bidder: kJ4VTitle: Treasurer I Idt'..1 Title: President *`* CORPORATE SEAL **' NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: 72-184 NORTH SHORE STREET THOUSAND PALMS, CA 92276 Telephone: 800-631-7013 x121 Email Address: DStewart@Contract-Decor.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ® Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit 0 M- Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Diversified Window Coverings Inco Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 0 I , 1 (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I,?-- , and , on file at the office of C. W. Driver, BASE BID: 06 $ i r> TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words �u �wca v r t-� �� t ► �crn Sed r•��1 1►J t= JV N_I U VI -Fr--k t /1 0 7 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: t-/ Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructi� to Bidders. The value of payment and performance included in the base bid amount is $ � [(, 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 24456j!�p , `ate (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase 111 Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $. Unit Cost No. 2: .00/ (UOM)> Add/Delete (select): ...................................................... < $.00 (UOM)> / Unit Cost No. 3: Add/Delete (select):...................................................... < $ —.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: [_— Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of' Name: . f all persons interested in the foregoing proposal as principals are as follows: �V1A� rl ISM Position/Title:�Qc��/jf e a�L Name:�Awl i -f- Position/Title: / \/ Name: '►�ni� Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: Class of License 2 Ctal 2 3 � (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, I/// u dw the ALJjof the bidder, hereby certify under penalty 6f perjury under the laws of the Stalte of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this M, day of J2(',�.lY1-9Z4 2010 at County, California. Legal Name of Bidder. Signatures of Bidder: Diversified Window Coverings, Inc. �l Title: 7- — Title: 4 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of •' authorized officers cers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. 111110,119 Business Address: KIP �� (kk LAA-Q- �r� ciao► V12-& Telephone: 80-.�3w I W O Email Address:/dQVi cod V r<%i' Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 J' �l Title: 7- — Title: 4 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of •' authorized officers cers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. 111110,119 Business Address: KIP �� (kk LAA-Q- �r� ciao► V12-& Telephone: 80-.�3w I W O Email Address:/dQVi cod V r<%i' Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: F Bid Form ❑✓ Bid Bond Designation of Subcontractors Non -Collusion Affidavit LJ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY Of (NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER:% - I (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. t , a , , and . on file at the offirP of C_ W favor SAM BID: pp $ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) �L y The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 X„ hl-'�' F NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ 00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ .00 / (UOM)> ALTERNATES.• (Only if Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ($ ) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ _ 6, z Iq , 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $��, tz ,_ (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond . $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: 1VOEW-S Position/Title: __ ti Name: _ Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT N0710E: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in fulf.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: ��� � p License No.: 1) Expiration Date: X I Aa.La Class of License (�?6 f " U (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: 1, t` 1614 R&JS ,the LSP of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed an this 16 day of�0L 2010 atJ1v-SCf County, California. Legal Name of Bidder By Signatures of Bidder: Title:.__,_.._i�l r Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: 264. 4tbt • 04�? Email Address:t t c�l�.�, Ccen Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 o•�s 'dii¢i�±$#111"#e[►M■#s1r����#�cr3�8M1 s��� NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors 1 Non -Collusion Affidavit Information Required of Bidders q e s (for non prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. I , , and 2-- , on file at the office of C. W. Driver, BASE BID: $ 2..q S 6, 0 f`_7 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in wor s) 00 o.99n2QA'L{�e to t2'r ttJ ,� 71�b Gt SAni r .Si V f. /��{u �' !rn 'JGl17 J K f3� a The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ........................... ..........................< $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ....................................................... C $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $_.o0 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2 Add /Deduct (select) ($__ ) ALTERNATE No. 3: Add /Deduct (select) ($ ) ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Page 2 of b Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal, As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect, Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes __.,X_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 5, qq?. p C�, 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $LS %•r" (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: I'iM*T 1,06atg76UN 4.-- Position/Title: V P, Name: $it,(-. 1)A "- F_6,Sot^V Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE. If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of b NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: ka ho 17.012_ Class of License C_'.f, f 11)52, (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, klo% L u (Q1 r1 [fit) !4t , the 6gg caji.Dof the bidder, hereby certify under penalty of perjury under the laws of the State of alifornia, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 1 S day of ,{ GCC- %b" 2010 at LbS f}r► County, California. Legal Al�ame of Bidder T t Il InTuk oy-5U—yt s ,, ing. By. Signatures of Bidder: Title: Rw Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 4 kyt-�e.vitx Se-,ryi s / ctta'A In• (rt�,.f Se.fvitrt.S 1 G'19 SUu`t1-� Mv♦rV- c lwe"\JL Cy1r0Vt,o tFr .1.f71irr Telephone: kp,10 ggil (Wt,) ;c2K- Llggl F.x Email Address: Billoln-tNio>f�vcs� (ory, Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of b Bid Form November S, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ® Bid Bond zDesignation of Subcontractors (E zNon -Collusion Affidavit (D) ® Information Required of Bidders (for non-prequaiified bid packages)0) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 'D -7 -S2— ( --T I OW VZ 't's zlou sz�-�'Iwoow -5 (Description of Bid Package) Aoe D""S2— Aoe All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and , on file at the office of C. W. Driver, BASE BID: 0 Y. TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) 0461= HU VA D ARY3 5 I `1.` t�` 1 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit p` / priceoralternate description) � Unit Cost No. I: 1� A Add/Delete (select): ...................................................... < $_,00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $—.00/ (UOM)> Unit Cost No. 3: VA / A Add/Delete (select):......................................................< $—.00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I : �. Add /Deduct (select) ($ ALTERNATE No. 2: \4 OVA C Add /Deduct (select) ($ ALTERNATE No. 3: \-A Cava E Add /Deduct (select) ($ ALTERNATE No. 4: X--\ UV4 Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase 111 Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal, As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes_ No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base $ A 81 \ 8� 0. bid amount is 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ r i C� c2 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein, 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: t.� 1,``1'�i� �i�t k-y`� Position/Title: �`����\T Name: 3 F_S�)�:-�i�� j Position/Title: D C 'T Jq 9:_1 Name: \V\ k (-H AEL-F 17'7 0 U(II 0 Position/Title: `O�� S 9-(E P Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: C� License No.:� i 0\2.CExpiration Date: """ 30 20\2- Class lass of License. - (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I,_T_Z�Z'J 'SOF�(Z- the Q of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this k(o--Ti4 day of DEC. MEM2010 at QN-LAP! ;(E' County, California. Legal Name of BidderA B __TE��\Z4 f�/ Signatures of Bidder: 4 Title: Title: ecR-s -"e NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers j=tcers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: it 0 VA ova Q C06r-rpi Telephone: Email Address:H" E W Bidders are reminded to include all items in an opaque seated envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH_CIVICCENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ❑ Bid Form ❑ Bid Bond ❑ Designation of Subcontractors ❑ Non -Collusion Affidavit ❑ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Herk Edwards, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE I11— COMPLETION PACKAGE BID PACKAGE NUMBER: 012.2 Theatrical Seating (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 and on file at the office of C. W. Driver, BASE BID: $ 321, 405.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Hundred Twenty One Thousand, Four Hundred Five Dollars ---- The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS. If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :.......... ............................................< $ .00/ (UOM)> ALTERNATES: (Only iMeci fically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. I: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 3,214.00 _ . 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 1,574.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: XX Bid Bond or $ Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Richard Sivas Name: Name: Name: Diane Sivas Position/Title: President Position/Title: Position/Title: Position/Title: Secretary/Treasurer (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 232760 8-31-2012 Expiration Date: Class of License C61/D34 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: Richard Sivas , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 13th day of December 2010 at Los Angeles County, California. Legal Name of Bidder, By Richard Si Signatures of Bidder: Herk Edwards, Inc. S - Diane Sivas Title: President Title: Secretary/Treasurer NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: Telephone: Email Address: 23822 Hawthorne #201 Torrance, CA 90505 310.373.0543 rsivas@herkedwards.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III -COMPLETION PACKAGE BID PACKAGE NUMBER: 61 2. ',?— of of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. �_, �,, and, on file at the office of C. W. Driver, BASE BID: $ LfDr,57 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words DOL -L - AF -5 AN D C_7 11_'^ rDN The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ —.00/ (UOM)> Unit Cost No. 3: Add/Delete (select):......................................................< $ —.00/ (UOM)> ALTERNATES: (Only if Sbecificaliv Requested by Bid Package, sum includes all abblicable taxes and costs ALTERNATE No, 1: O VIC,� L/lSc- Add /Deduct (select) ($ c: ry) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes �o 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ n (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract,). The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November S, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or $ 2D. Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: E3=EaF=JC_40 hAAT6—aaAZZf1 Position/Title: Name: UAS6ml KtO Position/Title: Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) F=Ia-AkA u SAl cc)(2F . Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: (I/A Expiration Date: N,/AS Class of License N Z)S, (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, NA AC-roS'(��_, the GEA of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this day of Dr=F� 30010 at N t -W �!rc3 .=_---- County,�Ffer�ria. (.,t�j ��_ Legal Name of Bidder- NA&C.S l " A4 -rosT t N By Signatures of Bidder: Title: ��d Title: — IQL4224 Ad\A �-=� CA, NOTE: If bidder is a corporaon, the legal name of the corpa'ation shall be set forth above together with the signatures of authorized officers cers or agents and the document shall bear the corporate seal, i f bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address:1A (A -CA,;, CA -)f2 -p, 1-' 1 \NoC>sy s-%7 N1r 1s�r�t2 Telephone: 212- 22�•�� Email Address: 114R�F� �-----^ 'FIS-� tAsA , c -c /& Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond I ►� J Designation of Subcontractors 11/ Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM USA SHADE & Fabric Structures Int - Company TO: C. W. Driver, 15615 Alton Parkway, Suite ISO, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 013.1 TENSIONED FABRIC STRUCTURES (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $_380,000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) *See attach proposal Three Hundred Eighty Thousand dollars and 001100 The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < $ N/A .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ N/A .00 / (UOM)> Unit Cost No. 3: N/A Add/Delete (select):......................................................< $ N/A .00 / (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: N/A Add /Deduct (select) ($ N/A ) ALTERNATE No. 2: N/A Add /Deduct (select) ($ N/A ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ N/A ) ALTERNATE No. 4: N/A Add /Deduct (select) ($ N/A ) Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: ✓ Yes No "See attach proposal 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 5,472.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 777.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: ✓ Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Basil Haymann Position/Title: Chairman of the Board Name: John Saunders Position/Title: CEO & President Name: Claude Centner Position/Title: President - FabriTec Name: Jeffrey D. Sarembock Position/Title: Chief Financial Officer (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) State of Delaware - 4/14/2004 Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 851280 Expiration Date: 12.31.2012 Class of License B (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Basil Havmann , the Chairman of the Board of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 10th day of Ja— u 20 11 2M at 8505 Chancellor Row Dallas TX 75247 Dallas County, C311f& �. Texas. Legal Name Signatures of Bidder: Basil Havmann Title: Chairman of the Board Jeffrey D. Sarembock Title: __Chief Finan -ial Officer NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers jrcers or agents and the document shall bear the corporate seal; i f bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: Local Office: Headquarters: 350 Kalmus Drive 8505 Chancellor Row Costa Mesa, CA 92626 Dallas, TX 75247 Telephone: 877.50.SHADE 1714.427.6980 Email Address: ccentner usa-shade com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form ❑✓ Bid Bond ✓❑ Designation of Subcontractors ❑✓ Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORD EIDE INDUSTRIES, INC. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 1 3. 1 Tensioned Fabric Structures (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $ 207 , 991 .0 0 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) ;TWO HUNDRED SEVEN 'TTunrjSaNjn Awn tNi\lE HUNpgg p—ANDPIINE"'�r1NE DOLLARS The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ................................ < $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ 00 / (UOM)> Unit Cost No. 3: Add/Delete (select) :............................................ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and K98 -S) ALTERNATE No. I: N/A Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 6 , 0.5 8 . 0 0 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 0 (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Don Araiza Position/Title: President Name: Jesse Borrego Position/Title: Vice President Mfg. Name: Joe Belli Name: Dan Neill Position/Title: Vice President Estimating Position/Title: Vice President Sales & Mktg (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and fast names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. Expiration Date: 211771 07/31/2011 Class of License Class B, C10, C61, D03 (Note: If the bidder is ajoint venture, each member of thejoint venture must include the above information.) BID CERTIFICATION: I,-%p,t"C',1 C- the of of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representaiJ ns ma . herein are true and r correct. Executed on this � day of " .z /_2818-$t��Gti/ County, California. Legal Name of Bidder By Signatures of Bidder: Title: -- Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; i f bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 16215 Piuma Ave. Cerritos, CA 90703 Telephone: 562-402-8335 Email Address: don@eideindustries.com www.eideindustries.com Bidders are reminded to inct%ude all itemsin°an opaque sealedd envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 5 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: i ?� Bid Form Bid Bond ElDesignation of Subcontractors E., Non -Collusion Affidavit tnformation_Required of-Bidders..(for.--no"r-eq.�glifiedbid pdc'kages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 From: 01117/2011 10:43 #853 P.0011006 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work Is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, Including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: Iq__�_ (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. _ , l and �— , on file at the office of C. W. Driver, A EB $ 2-4Q QL)P TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid amoun-�in words and In numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 20 10 From: 01/1"1011 10:43 11853 P-002/008 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT, COSTS; If unit prices are required of this Bid Package per Subcontract Exhibit C. Section IV, Bidder shall list the Individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost Item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. l: Add/Delete (select): ................ ..................................... < $ .001 (UOM)> Unit Cost No. 2: Add/Delete (select): .................. Unit Cost No. 3: Add/Delete (select) :............... .....................................< $ 00/ (UOM)> A TERNAT(Oniv ffsharipwnno__estedBi s m in d ! a 1' a6I MW ALTERNATE No. 1: _ t.( Mei 0 4 Add /Deduct (select) ($ j j-�j/�� ) ALTERNATE No, 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 From: 01/1,712011 10:43 #853 P.008/006 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project, Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shalt also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional In every respect. Acceptance of suggested alternates is at the sole discretion of C. -W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered In determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: V/ Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders, The value of payment and performance included in the base bid amount is $ _ t 6 - *2,y®0,4 4. Insurance: Bidder warrants that it has reviewed in detail with Its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by e amount of the OCIP in the �' �-- 3�� �� j�1s (NATE Successful bidder will be required to maintain their General Liabllity and Automotive insurance coverage for all off ske work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 From: 01I1,7'7011 10:43 #853 P.004/006 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security In the amount of not less than 10% of the Bid as follows: —Z Bid Bond or . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Drivers Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all p(' " Mer��sons-iinterested in the foregoing proposal as�are as follows: Name: __. �tA AIA 14ea r -Q Position/Title: Name: Posftlon/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: l f bidder or other interested person is a corporation, state legal name o f corporation, also names of the president secretary, treasurer, and manager thereof. if a capa►tnership, state true name of firm, also names oral/ individual copartners comprising the firm; if bidder or other full.) interested person is an Individual store first and fast names in Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 From: 0111,"1011 10:44 #853 P.005/006 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: - - License No.: '-7 Expiration Date: -o l l Class of License (Note: I f the bidder Is o joint venture, each member o j: the Joint venture must include the above Information) SID CERrl-rTIFICATION: I, �- .d YB/,t the � , �, certify under penalty of perjury under the laws of the State California, of the bidder, hereby submite information ted by the bidder in connection with this bid and all of the representations made hereall of in are true and correct. Executed on this —1.5 ---day of �V County, California. 2010 at 4wm Legal Name of Bidder yr W �'I--, A Signatures of Bidder: Title: ,�r�. Title: NO TE; If bidder is a corporation, the legal name of the corporation authorized o f facers or agents and the shah be set forth above together with the signatures of document shall bear the corporate seal; i f bidder Is artnership, the true Home of the firm a p shag be set forth above together with the signature Of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an Individual, his or her signature shall be placed above. Business Address: 119ys iellt i ------------ Telephone,`% f Cj0 S"'(� .. 7/ Z': Email Address: e MvA Bidders are reminded to Include all items in an opaque sealed envelope with the bid package number dearly identifted on the front of the envelope. Newport Beach Civic Center and Park Project, phase iii Bid Form Page 5 of 6 November 8, 2010 From: 01I1T'2011 10:44 #853 P.0061006 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 id Check List Please verify that all required documents are enclosed with your bid as follows: Er Bid Form U Bid Bond ErDesignation of Subcontractors EKNon-Collusion Affidavit ❑ Information Required of Bidders (for non-prequalfed bid packages) Newport Beach Civic Center and Park Project, Phase [if Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM SONE inc Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: blU N A-hK (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. -------,and on file at the office of C. W. Driver, BASE BID-- s ID: $19)5 1223 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) rIMY`A" uuhV►- �'A tA o&Saha AvIa two V%Mnatt-ea kNN-W --�v, LAW Ck%S � 100. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: -Ag5t 95x} CEltyu Add/Delete (select): ....................... 00 / (UOM)> Unit Cost No. 2: 4 $1 1 11*9 . — M f N AfiR -4� Add/Delete (select): .................. Unit Cost No. 3:aWA°�1�J Tk5' 9ASt it F*1 41Z nMOQ AV QM fA duth�j wtiIfGR Add/Delete (select) :.................................. ...................< $ .00 / (UOM)> ALTERNATES:Onl i Specifically Requested by Bid Package, sum includes all applicable taxes and costs ALTERNATE No. 1: San M'% ow V3 Add Deduct (select) ($ q �� � �p - ) p ) ALTERNATE No. 2: _ Pamp USQ FAA -e, eDeduct (select) ($_ 1000.00 I Vy%v 'v ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ 1 Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, ZQ 10 Page 2 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ I 013.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $_ -'C �jp (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all l persons interested in the foregoing proposal as principals are as follows: Name: \ VIC Q�., "VV • Tol Position/Title: PSS l a t"+ Name: �_&A 1'e ft Y1 G. ,SC%yAi a _JR Position/Title: V 1 f j>V1fsl A -M' Name: Positionmtle: SeCa�k'aa^1 Name:MI OA 01f ` PJaUU1Sc4A Position/Title: �TR[ASHR-t.R (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Proiect, Phase III Page 4 of 6 Bid Form November 8. 20 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Date: 61-30 1 2012 Class of License C 1. (Note: if the bidder is a joint venture, each member of the joint venture must in dude the above information.) BID CERTIFICATION: I. - Re►)eCCA Q"11 V11PAP—the er, hereby certify under penalty of perjury under the laws of the State of California, that oall of the f the dinformation submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on thisJ'A TA day of —JAvlNA 201 a atSOS PMd? County, California. J Legal Name of Bidder ?,66,ecta N �11+nnoRe By Signatures of Bidder:-----�� Title: _S 41 -es k DfzeS pi �Zj�1 Vti Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, ifbidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: C o V-Vp'i�u�l ZD OF -q � S e.F Telephone: _ �y�2) 921— Ir Email Address: _ �((Q - - Q kM e Bidders are reminded to include a@ items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond (S(Ak WiN XIV �%rti1 FftFoSSI) Designation of Subcontractors 1 11 ® Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase Ill Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Coc " C-ic�� F ".:�> lzc Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Catling for Bids and the other documents relating thereto, the undersigned bidder; having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the worn is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF !NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER; 0 / 5� / t 67- c oiO Pescription of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. , and , on file at the office of C. W. Driver, ' + 11 TOTAL BASE BID {includes all applicable taxes and cost; or for the sum of (in words) lM The bidder will enter all bid amounts In words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid )corm November S, 20 10 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs, (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ................................. <$ .001 (UOM)> Unit Cost No. 2: Add/Delete (select): <$ 00/ (UOM)> Unit Cost No. 3: Add/Delete (select) :.........., 00/ dl TRDA1n'rre�. /—.-_ _ (UOM)> 9wis ALTERNATE No. I: Add /Deduct (select) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No, 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in ever Acceptance of suggestedy respect alternates is at the sole discretion of C, W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal, and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: — Yes _X No 3. Bonds: Bidder has Included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment d perfo mance included n the s bid amount is $ 2— e> in 00 ,A �0 an r e I base 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract the Owner Intends to enact an Owner Controlled Insurance Program (OCIP), Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $1 roc: (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance throughout the duration of their Contract). coverage for all offsite work 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to )-eject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any Informality or Irregularity therein The Bidder agrees that Its Proposal may not be withdrawn for a period of forty-five (99) calendar days after the Bid Date Deadline, 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting, verbal Instructions, discussions during the job walk and the Instructions to Bidders handout Newport Beach Civic Center and Park Project, Phase M Bid Form Page 3 of 6 November 8, 20 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 �. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. It is understood and agreed that If wri sten notice of the acceptance of this bid is mailed, telegraphed, or s delivered to the undersigned after the opening of the bid, and within the time this bid i required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accorda with the bid as accepted. The undersigned will submit the executed Contract, Performa nce and Payment Bond, insurance Certificates as specified, and Drug-freeYVorkplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C W Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time s Project Documents, The Subcontractor shall not start work on the -Project until all paperwork ecifire in, the red herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows. Name: rD „ Position/Title: Name: Position(Title: Name: Position/Title- Name:. Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name a f corporation, also Warnes a the president secretary,. treasurer, and manager thereof• if a co portriersiiip, state arae name o f individual coportners comprising the farm; if bidder or other interestedperson is an individual, state fast and last names in Newport Beach Civic Center and Park Project, Phase 111 Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE ill Addendum 2 13. Bidder certifies that he is licensed In accordance with the law providing for the registration of Contractors: License No.: 0157 `ri Expiration Date: Class of License C IG (/dote.' I f the bidder is a joint venture, each member o f the joint venture must include the above information) BID CERTIFICATION: I; 'r4 1 alt n a %et the A b i c -r certify under penalty of perjurer under the laws of the State of Catifo ac-- of the bidder, hereby submitted by the bidder in connection with this bid and all of the representations at all of the inform i n correct. Executed on this , . ! , _day of s ; al e representations e 09-Auk—CE County, California. at Legal Name of Bidder C- !!! P"' 1 0 lits, Fct�nf By ---'--QCE2� -1, &A L� 12. '3'�r Signatures of Bidder: Title: -_. �"'__._ Title NOTE., If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership,, and if bidder is an individual, his or her signature shall be placed above, Business Address: C C> 5C ,r t 2e f Telephone: ' l s .CA el /&00 Email Address: Ll tobE P (,,ac � Bidders are reminded to include all items in on opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase IiI Bid Form Page 5 of 6 November 8, 20io NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 94_chet List Please verify that all required documents are enclosed with your bid as follows: 0 Bid Form 0 Bid Bond - n Designation of Subcontractors Non -Collusion Affidavit 11 Information Required of Bidders (for non-prequalffied bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 20 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Underwriters Fire Protection of California, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER: 015.1 Fire Sprinklers (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 z and , on file at the office of C. W. Driver, BASE BID: $ 368, 200.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Three Hundred Sixty Eight Thousand Two Hundred Dollars -----------_ The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ............................. ........................<$ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ....................... Unit Cost No. 3: Add/Delete (select) ................................. ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all gbblicable taxes and costs ALTERNATE No. I: Use black steel pipe in exposed areas in lieu of copper pipe. Add /Deduct (select) ($ 4 0, o 0 0. o o deduct ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No, 3: Add /Deduct (select) ALTERNATE No. 4: Add /Deduct (select) ($. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 9, o o o. o o 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 14 , 7 o o . 0 0 (NOTE; Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Underwriters Fire Protection of California, Inc. Name: Joseph D Chowninci Position/Title: President Name: Scott D. ChowningVice President Position/Title: Name: Patricia A. Chowning Position/Title: _ Sec./Tres. Name: Position/Title: (IMPORTANT NOTICE- If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE M Addendum 2 13, Bidder certifies that he Is licensed in accordance with the law providing for the registration of Contractors: License No, : 562097 Expiration Date: 3-31-2011 Class of License C-16 (Note: if the bidderis a joint venture. each member Of the Joint venture must include the above information) BID CERTIFICATION: 1, Joseph D, Chownina ,the President certify under penaltyof perjurhe bidder, hereby y under the laws of the State of California, that oall tof the information submitted by the bidder in connection with this bid and all of the correct Executed trepresentations made herein are true and Ellis 1_ 4th _day of December 2010 at orange County, Cal ifornia. Legal Name of Bidder underwriters Fire Protection of California, inc. By 1-----Jose-ph-D-. Chownin Signatures of Bidder: Title; President Title: NOTE: If bidder is a corporation, the legal name of the corporouon shall be set forth above together with the Signatures of authorized officersor agents and the document shall bear the corporate seal,' if bidder is a partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the pannershlp, and if bidder is on individual, his or her signature shall be placed above, Business Address: 6307 Mt, Ripley Drive CypressL Ca. 90630 Telephone: 719-761-1212 Email Address: Joe@Underwriterafire.com Bidders are reminded to indude all items in an opaque sealed envelope with the bid package number cleorly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form R Bid Bond RDesignation of Subcontractors aNon -Collusion Affidavit N/ Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 154, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and alt utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK.PRO)ECT PHASE 111 —COMPLETION PACKAGE BID PACKAGE NUMBER: _�?Lf I (Description of Bid Pockoge) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos.- , and on file at the office of C. W. Driver, BASE BID: a $ )QQ - TOTAL BASE IND (includes all applicable taxes and cost; or for the sum of (in words) �°'t' cn�v +i✓ - '��x�-t' it ".�. ,,��,,, � ,� The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section N, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall Include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No, I: C� pkft tr (, tw t.i af- Weft= F i e 1 '-16. t•t-r" .ocoraxro J")IKI Add/ eq (select):...... ............ ................................<$�.40f�~--`--(tt0[�t) Unit Cost No. 2: Al1 Add/Delete (select): ............................ ....... ........... < $ .00/ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ —.00/ (U OM)> ALTERNATES: (Only if Specifically Requested by Bid Package. sum includes all applicable taxes and Costs ALTERNATE No. 1: _ t4 (6 Add /Deduct (select) ($�4 ) ALTERNATE No. 2: Add /Deduct (select) ($ �4 1. r - ALTERNATE No. 3: N (A Add /Deduct (select) ($ is t- --(A ALTERNATE No, 4: Add /Deduce (select) ($ rJy Newport Beach Civic Genter and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal, As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal„ and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: —X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of paymentand performance included in the base bid amount Is $ cipc T 4. Insurance: Bidder warrants that is has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ i,I+f (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract), 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept ocher than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting. verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashiers check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors Is attached hereto. 11, It Is understood and agreed that If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before thls bid is withdrawn, the undersigned will execute and deliver to C, W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-fre8 Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Y� S rJ Position/Title: P'P- s t 4-..rr- Name: Name: Name: Position/Title: Position/Title: Position/Title: (IMPORTANT NOTICE I f •bidder or other interested person is a corporation, store legsil name o f corporotion, also names of the president; secretary, treasurer, and manager thereof, if a co-portnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Cp I) Ct-1.116 Expiration Date: R-ao - -3Q 41 Class of License C- kko' (Note: if the bidder is a joint venture, each member of the joint venture must include the above information) BID CERTIFICATION: 4A44v-�- 5 N -A. d'"_. t—r'uJ . the /. % NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond Designation of Subcontractors 1zNon -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) —N jA, Lf_ -r- "tti_ t e_ %,v 4t0 Newport Beach Civic Center and Parlc Project, Phase III Bid Form November 8, 1010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 7 BID FORM A.O. REED & CO. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and In compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the focal conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, Including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BE4CM CIViC CENTER AND PARK PROJECT PHASE 111- COMPLETION PACKAGE BID PACKAGE NUMBER: 016.2* PLUMBING (Desalption of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, Including addenda nos. -- -- 1 , and 2 , on file at the office of C. W. Driver, BASE BID: (SEE CLARIFICATION LETTER ATTACHED) $ 1,184,600 TOTAL BASE sib (includes all applicable taxes and cost; or for the sum of (in words) *""""One Million. One Hundred Eighty Four Thousand Six Hundred ******************* The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, i?hase III Page I of 6 Bid Form November 8, 2010 Plumbing.max NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE iiI Addendum 2 UMTCOS_ S: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the Individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, If pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall Include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: N/A Add/Delete (select): ...................................................... < .00/ (UOM)> Unit Cost No. 2. N/A Add/Delete (select):......................................................< $ —.00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select): ...................................................... < $ —.00/ (UOM)> ALTERNATES., (anl___y iMerj ftw&Reqnestedby Bid Packag% sum Jncludes all up"11 able taxes and costs} ALTERNATE No. 1: N/A Add /Deduct (select) ($ ) ALTERNATE No. 2: N/A Add /Deduct (select) ($ ) ALTERNATE No. 3: N/A Add /Deduct (select) ($ ) ALTERNATE No. 4: N/A Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase IIi Rid Form November 8, 2010 Plumbing.max Page 2 of b NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum x 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment Suggested alternates shall be complete and functional in every respect Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes xx No 3. Bonds: Bidder has Included In the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $_'10,934 4. Insurance: Bidder warrants that it has reviewed In detail with its insurance carrier the Insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for Insurance covered by the OCiP in the amount of $ 12,172 (NOTE Successful bidder MY be required to maintain their General Liabii ty and Automotive Insurance coverage for all offshe work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the Instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or In part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that Its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline, 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase Ili Bid Form November 8, 2010 Plumbing.max Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: XX Bid Bond or $ N/A Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, In accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Steven B. Andrade Position/Title: President & CEO Name: Clyde C. Blyleven Position/Title: Executive Vice President & CFO Name: _Robin J. Callaway Position/Title: Sr. Vice President Name: Position/Title: (IMPORTANT NOTICE: l fbidder or other interested person is a corporation, state legal name of corporation, also names of the presideq secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Farm November 8, 2010 Plumbing.max Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: XX Bid Form XX Bid Bond XX Designation of Subcontractors Non -Collusion Affidavit 17 Information Required of Bidders (for non-prequalifted Nd packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Plumbing,max Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 25 Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Conti -act, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III —COMPLETION PACKAGE BID PACKAGE NUMBER: (Description of & Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda and on file at the office of C. W, Driver, BASE BID. - 2 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of G (in words) e The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding, Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Farm November 8, 201 A NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTSr If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: A10 $/ P-- Add/Delete (select): . ............ .............................. ...... I—< $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ..... ........ ....................................... < $ '00/ (UOM)> Unit Cost No. 1 MIRM Add/Delete (select):......................................................<'$ A0 / (UOM)> ALTERNATES.- COnly If Spe ailca4 Reguested by Bid &ckagye, sum includes all applicable tans and costs I ALTERNATE No. 1: i Ft JIV q (6 (A!)dDeduct (select) ($ 6f e0o 4 4 ALTERNATE No, 2:—,/1 ePf- 1* 1 0 Add (�uc (select) ($ 0 A.'_ ALTERNATE No. 3: Add /Deduct (select) ($, 1 - ...... - -,-) ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates:y Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ zt-1 _ t� coo r 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ L/ 7t TS -3 L/ y (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 3 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of rvot less than 10% of the Bid as follows: $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted, The undersigned Will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contra" on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents, The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver, No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposaras principals are as follows: of Name: _4�5A� Position/Title: Name: Position/Title: Name: PoSition/TMIC Name: Position/Title: (IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof, if a co-portnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and lost names in full) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 24 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: Expiration Gate, Class of License ` s 0. 6 (Note: l f the bidder is a joint venture, each member of the joint venture must include the above in formation) BIG CERTIFiCATION: the /s of the bidder., hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in can ection with this bid And all of the representations made herein are true and correct. Executed on this -145� day of 'fie' OI Oat County, California. Legal Name of Bidder_ 4W4 "`'' Signatures of Bidder: NOTEIf bidder is a corporation, the legal name of the corporation shall be set for=th above together with the signatures of authorized officers or agents and the document shall bear the corporate seat if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: �. Telephone: Email Address:' ' Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newporc Beach Civic Center and Park Project, Phase IiI Page 5 of 6 Bid Form November 8, 20 10 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: XX Bid Form XX Bid Bond XX Designation of Subcontractors RX] Non -Collusion Affidavit FInformation Required of Bidders (for non-prequallfed bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Plumbing.max Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Don Brandel Plumbing, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 926 I8 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms cf the Contract, thelocal conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE 111— COMPLETION PACKAGE BID PACKAGE NUMBER; 015.2 Plumbin (Description of Bid Package) All In strict conformitywith the drawings and Specifications and other Project Documents, including addenda nos. 1 , and 2 , on file at the office of C. W. Driver, BASE BID: $1,117,635, 00 TOTAL, BASE BELT (includes aff aplicabte taxes and costs or for the sum of (in words) one million one hundred seventeen thousand six hundred thirty-five dollars The bidder will enter all bird amounts in words and in numbers. In the'event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of -this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ................................... < $ 00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ........................... .00 / (UOM)> Unit Cost No. 3: Add/Delete (select) :................................................ < .00/ (UOM)> ALTERNATES: IOn(v if 5pecificaHv Reauestedb Bid Package sum includes all a phcobie foxes and costs ALTERNATE No. 1: Add /Deduct (select) ($ ) ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project,. Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 12,294.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ (NOTE Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Greg Brandel Name: Name: Name: Position/Title: president Position/Title: Position/Title: Position/Title: (IMPORTANT NOTICE: Ifbidder or other interested person is a corporation, state legal name ofcorporation, also names of the president secretary, treasurer, and monger thereof,• if a capartnershi{>, state true name of - a(so names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase iii Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for tate registration of Contractors: License No.: 176778 Expiration Date: Class of License 06/30/2011 HE (Mote: If "the bidder is a joint venture, each member of the joint venture must include the above information.) BIG CERTIFICATION: 1 Greg Brandel the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this I S­�I- day of gj-' c haE a 2o10 at Paramount Los An tiles County, California. Legal harm: of Bidder Aon Brandel Plumbing, Inc. Gree Brandel Signatures of Bidder; -- .1 � ��'# Tittle: President V Tittle: NOT& If bidder is a corporation, the legal name of the corporation dull be set forth above together toth the signatures of authorized officers or agents and the document shall bear the corporate seal,i f'bidder is a parmershipf the true name ofthe firm shall be set forth above together with the signature of the partner or partners oi#borized to sign contracts on behalf of the partnership; and if bidder is an individual. his or iter signature shall be placed above. Business Address: 15100 Texaco Avenue Paramount CA 90723 Telephone. 562/408-0400 Email Address: gbrandel@brandelplumbing.com Bidders are reminded to include all items in on opaque seated envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project. Prase 111 Page 5 of 5 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: aBid Form Bid Bond LfJ Designation of Subcontractors Non -Collusion Affidavit F] Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM D/K Mechanical Contractors, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 015.2 Plumbing Systems (Description of Bid Package) All in strict conformity with the drawings and specifications and other- Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: 1,307,900.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) One million three hundred seven thousand nine hundred The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Add/Delete (select): ............... . ...................................... < $ .00/ (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ 00 / _ (UOM)> Unit Cost No. 3: Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. 1: Add /Deduct (select) ($. ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 17,473.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 12,698.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Gary Brubaker Position/Title: President / Treasurer Name: Don Giarratano Position/Title: Vice President / Secretary Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE I f bidder or other interested person is a corporation, state legal name o f corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page 4 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No. : Expiration Date: Class of License 617227 4-30-11 C-36 (Note: Ifthe bidder is a joint venture, each member of thejoinrventure must include the above information.) BID CERTIFICATION: I, Don Giarratano the Vice President I Secretary of the bidder, hereby certify under penalty of pet -jury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th —day of December 2g110atOrange County, California. Legal Name of Bidder D/K Mechanical Conti -actors, Inc, Byao,, Giaratano Signatures of Bidder: T I t I e: Vice President / Secretary Title: NOTE: If bidder is a corporation, the legal narne of the rorpornfint) l.dinit hp.Ret forth nhnvt,. Ingptlipw with the 0grintores of authorized officers or agents and tile document shall bear the corporate seal, ifbidder is a partnership, the taw nan7e of the rim) shall be seL forth above together with the signature of the partner or partners authorized to sign contracts on beholf of the partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: D/K Mechanical C?ntractors, Inc 3870 East Eagle Drive __--- . . . ...... ...................... Anaheim, CA 92807 Telephone: ­ 7 - 14-630-7979 Entail Address: Don@dkmechanical.com Bidders ore reminded to include oil items sn an opaque scaled envelope with the bid package number clearly identified on the front of the envelope, Newport Beach Civic Center and Park Project, Pli-ilse III P -W 5 of 6 Bid Form November 8, 2410 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form F1 Bid Bond X❑ Designation of Subcontractors X❑ Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Pan -Pacific Plumbing Co. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 015.2 Plumbing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos, 1 2 and , on file at the office of C. W. Driver, BASE BID: $ 926, 000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Nine Hundred Twenty -Six Thousand The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ......................................................< $ .00/ (UOM)> Unit Cost No. 2: N/A Add/Delete (select): ...................................................... < $ .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :................................................ . ..... < $ .00/ (UOM)> ALTERNATES: (Oniv if Sbecifically Reauested by Bid Package. sum includes all aoolicable taxes and costs ALTERNATE No. I: N/A Add /Deduct (select) ($ ) ALTERNATE No. 2: N/A Add /Deduct (select) ($, ALTERNATE No. 3: N/A Add /Deduct (select) ($ ) ALTERNATE No. 4: N/A Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 10,980.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents, As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 11,182.11 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein, 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto, 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Ron McMackin _ Position/Title: President Name: Jack McMackin Name: Reed McMackin Name: Jon Houchin Position/Title: Secretary / Treasurer Position/Title: Director of Preconstruction Position/Title: Preconstruction Manager (IMPORTANT NO TICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is on individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed In accordance with the law providing for the registration of Contractors: License No.: 93910 Expiration Date: 10/31/2011 Class of License C4, C20, C42, C36, 016, A (Note., If the bidder is a joini ventur% each member orthe joint venture must include the above information.} BID CERTIFICATION; 1, Jeremy Starns , the Estimator of the bidder, hereby certify under penalty of perjury under the lawsofthe �State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this : 161h day of December 2010 at Irvine Orange— County, California. Legal Name of Bidder Pan -Pacific Plumbing Co, BY. Jeremy Starns Signatures of Bidder: Title-, Title: Estimator NOTE., If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signotvrp..,; n authorized officers or agents and the document shall bear the corporate seal; ifbidder is a Partnership, the true name of the firm shall be set forth above together wilh the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is an individual, his or her signature shag be placed above. Business Address, 17911 Mitchell South Irvine, CA 92614 Telephone: 949-474-9170 Email Address: )on@panpacpiumbing.com Bidders are reminded to include all items in an opaque sealed envelope with the bid Package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows; 1-01 Bid Form RM Bid Bond FDesignation of Subcontractors Non -Collusion Affidavit 1-1 Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM HPS Mechanical, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 15.2 Plumbing (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. / , Z , and , on file at the office of C. W. Driver, BASE Bit): 00_ TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: Cv.4;nos „A QQ,4-itn:Ag t9� Ce8rfn4 . 10qr S/a(oq Ad Delete (select): ...................................................... < $ .00 /21, .a. (UOM)> Unit Cost No. 2: Add/Delete (select): ...................................................... < $ .00/ _ (UOM)> Unit Cost No. 3: NM Add/Delete (select):...................................................... < $ .00/ (UOM)> ALTERNATES: (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: ��1// � Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2, Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes x No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 9051Q,00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $� UG (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Leslie DenHerder Position/Title: President Name: Susan DenHerder Name: Patrick Mize Name: Position/Title: Secretary Position/Title: CFO Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2. 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 793014 Expiration Date: 3/31/2011 Class of License *A, B, 02, C4, 010, 016, 20 G84, , 1342,04a, (Note. (f the bidder is ajoint venture, each member of the joint venture must include the above information) BID CERTIFICATION: I, Leslie DenHerder , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 15 day of _ December 20110 at Kern County, California. Legal Name of Bidder HPS Mechanical, Inc. Signatures of Bidder• , N `Title: President .,_,.. Title: CFO T NOTE: If bidder is a corporation, the legalnameof the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seat,• if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership,, and if bidder is an individual, his or her signature shall be placed above. Business Address: 3100 E. Bele Terrace Bakersfield, CA 93307 Telephone: 661-397-21.21 Email Address: les@hpsmechanical.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Page 5 of 6 Bial Farrar November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form x� Bid Bond ElDesignation of Subcontractors ENon -Collusion Affidavit xX Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Interpipe Contracting, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other- Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 015.2 (Description of Bid Pockoge) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 997 0_00 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Nine Hundred Ninety Seven Thousand Dollars and No Cents The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N / n Add/Delete(select):......................................................<$ N/A Unit Cost No. 2: Add/Delete (select): .... ................................................. < select):.....................................................< $ N/A .00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :............. . . . .< $ N/ A ................. .00 dl'MDAlnrro_— , .__ (UOM)> COSLS ALTERNATE No. I: Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($ N/A ALTERNATE No. 3. -N/A Add /Deduct (select) ($ N/A ALTERNATE No. 4: N/A Add /Deduct (select) ($_ N/A Newport Beach Civic Center and Parl< Project. Phase III Bid Form Page 2 of b November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder- on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or - invalidates any part of this Bid Proposal. Bidder- suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder, Bidder has attached Bidder- Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ _9 , 970 00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requiremencs set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the arnount of $_37 , . 000 00 ( bidder will be required to maintain their General Liability and Automotive insurance coveragefor allff site work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after- the Bid Date Deadline. 7. Bidder understands that the Bid DOCUments and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver- to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: RanaI d D Smith Position/Title: President, Sec. Name: Mary A. Smith Position/Title: Vice President, Treas. Name: _ Position/Title: , Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state Iegal name of corporation, also nomes of the president, secretory, treasurer, and manager thereof if a co -partnership, state true name of firm, also narnes of all individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARD PROJECT PHASE III Addendum Z 13. Bidder certifies that he is license) it, accordance with the law providing for the regi Contractors, straetata of License No.: 5,.748z-8 Expiration Gate: _1_9_/ 31 / 201 1 Class of License (Note: 1f the bidder is a Icfint vertfure, each rnenibero(the joint vertturr n7trxt include the above infarrrration, j BID CERTIFICATION: 1, ._�taxaa s .__ cf h the . -Pres x den t _ ____ certify ++oder penalty of per lur y under ...,the laws of the bidder, hereby of the State of California, that all of the information submitted by the bidder in connection with this bid and SII of the representations made herein are true and correct. Executed on this 1 day of .... __:....__.._...._2(7I O at __....-...�__._ County, Ctrlifornia, Legal Blattae of ...... ..... ...__.,,........_.._ _.._. _..... "th Signatures of Bidder �= Title .._. President _..................__. .__._._............_..__......._.._...................._......_... Tine: NOTE: If brlder is n corpttrrafiolt, the fe,of +tattle al-tfre 0001-0tron shell be -set forth above together with the sinatt,r'es o atttharized olticeis a,,agents land the doctiment shall bear fire corporate seal; if bidder is a partnersf hip, gof tfte lira ° shall be set fr)r`tlr above togellrer with the signature of tile partrter or partners cttitharized to sfgh contracts an ip, tfte true nabehalfof the Partnership; and if bidder is an individual, his tfr her signatore shall be placed above. Business Address: 1 t�87.II...._�ar:�-�•t�y _Ft+��d._.�._ ..................-,_._.,..� Santee Ca 92071 Telephone: 6_1. 5.9r _77:33 --_ __.........._._.,...._...___...._............. Email Addriess: info@interpipecontracting.com Bidders arereminded tta irachide all items it, an opaque seated envelope with the bid package nurnber dvorly identified on the front of'tfte-envelope, Newport St,, cit C ivic Ccrrtr r ;lrtir! F Zr Ir i'resiEac , Phase Ili sid rot -III Page 5 of 6 Novo mber• 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ZBid Form VBid Bond 19/ Designation of Subcontractors LTJ Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 ACCO Engineered Systems, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 015.3 HVAC (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 2 , and , on file at the office of C. W. Driver, BASE BID: $ 7,704,690 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Seven million seven hundred four thousand six hundred ninety -dollars and no cents. The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No, 1: N/A Add/Delete (select): ................< $ .00 / (UOM)> Unit Cost No. 2: Add/Delete (select): ........................< $ .00 / (UOM)> Unit Cost No. 3: Add/Delete (select) :....................... ...<$ .00 / (UOM)> ALTERNATES (Only if Specifically Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: See attached proposal Add /Deduct (select) ($ ALTERNATE No. 2: Add /Deduct (select) ($, ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ .75% upon accepted scope 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 63,430 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W, Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: ACCO Engineered Systems, Inc Name: John Aversano Name: Roberta Kessler Name: John Petersen Position/Title: Position/Title: President / CEO Position/Title: Corporate Secretary Position/Title: CFO (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No, 120696 Expiration Date: 12/31/2011 Class of License C4, C20, C36, C38, C10, ASB, B, A (Note: If the bidder is a joint venture, each member of the joint venture must include the above inforniation.) BID CERTIFICATION: 1, Wes Coffey theSr. PTJ`c, Manager of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of Decemb Los Angeles County, —Tiioer X010 at Glendale . ........ California. Legal Name of Bidder ACCO Engineered Systems, Inc. B. Wes Coffey I ---I— Signatures of Bidder: Title: Senior Vice President Title: Corporate Controller William J. Henderson, Assistant Treasurer NOTE: If bidder is a corporation, the legal "r Yame(of the corpoilotion shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the f1trn shall be set fort]) above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if"bidder is an individual, his or her signature shalt be placed above. Business Address.- 6265 San Fernando Road Glendale, CA 91201 Telephone: (818) 244-6571 Email Address: wcoffey@accoes.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope, Newport Beach Civic Center and Park Project, Phase Ill Page 5 of 6 Bid Form November 8. 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form a Bid Bond 1771 Designation of Subcontractors Non -Collusion Affidavit 1-1 Information Required of Bidders (for non -prequalified bid packages) ACCO has been prequalified Newport Beach Civic Center and Park Project, Phase III Page 6 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A BID FORM Critchfield Mechanical, Inc. of Southern California Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 015.3 HVAC (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , , and , on file at the office of C. W. Driver, BASE BID: $ 5, 953 , 000 . 00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Five million, nine hundred fifty-three thousand dollars, and no cents. Newport Beach Civic Center and Park Project, Phase III Page 12 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. I: N/A Add/Delete (select): ...................................................... < Unit Cost No. 2: N/A Add/Delete (select): .............. < $_.00/ (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :............. ..... < $ .00 / (UOM)> ALTERNATES: (Only ifSbecifrcally Requested by Bid Package sum includes all applicable taxes and costs ALTERNATE No. I: N/A Add /Deduct (select) ($_ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No. 3: N/A Newport Beach Civic Center and Park Project, Phase III Page 13 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Add /Deduct (select) ($ ALTERNATE No. 4: N/A Add /Deduct (select) ($ 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Insurance and Bonds: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 107,000.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.) 4. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 5. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. Newport Beach Civic Center and Park Project, Phase III Page 14 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 6. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. 7. Attached is the required bid security in the amount of not less than 10% of the Bid: 10% Bid bond certified check, cashier's check or cash (circle one). 8. Non -collusion affidavit is attached hereto. 9. The required list of proposed Contractors is attached hereto. 10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 11. The names of all persons interested in the foregoing proposal as principals are as follows: Name: _See Attached Corporate Officers Position/Title: Name: Position/Title: Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Page IS of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A 12. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 842973 Expiration Date: 7/31/12 Class of License C-20 (Note: If the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATION: I, Michael Pearlman , the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16th day of December -20 10 at Irvine Orange County, California. Legal Name of Bidder Critchfield Mechanical., Inc. of Southern California By Michael Pearlman Signatures of Bidder: _ Title: President Title: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shall be placed above. Business Address: Critchfield Mechanical, Inc. of Southern California 1821 McGaw Ave Irvine, CA 92614 Telephone: 949-390-2900 Email Address: mpearlmanncr cmihvac.com Newport Beach Civic Center and Park Project, Phase III Page 16 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Attachment A Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form Bid Bond sell Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Page 17 of 37 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM A.O. REED & CO. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 I. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 015.3" HVAC (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. --- 1 and 2 , on file at the office of C. W. Driver, BASE B1 (SEE CLARIFICATION LETTER ATTACHED) $� TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) cV eryY,14 r The bidder will enter all bid amounts in words and in numbers. in the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page i of 6 Bid Form November 8, 2010 December 15, 2010 (2).max NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNITC_ OSTM: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes In the Work, either additive or deductive, If pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: __N/A Add/Delete (select): ................../ Unit Cost No. 2: N/A Add/Delete(select):...................................................... (UOM)> Unit Cost No. 3: N/A Add/Delete (select) :....................................... N v /f Shed 0co4 Req ,ested b' v Bid Pocka a eum in.l�rae. u MW ALTERNATE No. l: NIA Add /Deduct (select) ($ ALTERNATE No. 2: N/A Add /Deduct (select) ($ ALTERNATE No, 3: N/A Add /Deduct (select) ($ ALTERNATE No. 4: NIA Add /Deduct (select) ($ ) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 HVAC.max NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and In no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment andp erformance included in the base bid amount is $ �� � f 4. Insurance: Bidder warrants that it has reviewed In detail with Its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ ,,+ 11-0 (NOTE- Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for oil offsto work throughout the duration of their Contract.). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 December 15, 2010 (2).max Page 3of6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: XX Bid Bond or $ N/A Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, In accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract, The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested In the foregoing proposal as principals are as follows: Name: Steven B. Andrade Position/Title: President & CEO Name: Ciyde C. Blvieven Position/Title: Executive Vice President & CFO Name: Robin J. Callaway Position/Title: Sr. Vice President Name: Position/Title: (IMPORTANT NOTICE: lfbidder or other interested person is a corporation, state legal name of corporation, also names of the president secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of,, individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in furl.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 December 15, 2010 (2).max Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 7731 Expiration Date: 3/31/2012 Class of License A, B, C4, C16, C36, C42, C43, C60, HAZ, HIC jo (Note: If the bidder is a int venture, each member of the Joint venture must include the above in formation) BID CERTIFICATION: I, Robin J. Callaway 'the Sr. Vice President cert►fy under penalty of perjury under the laws of the State of California, that allof the of the der, hereby Information submitted by the bidder In connection with this bid and all of the representations made herein are true and correct" Executed on this 15th day of December 2010 at San Diego County, California. Legal Name of Bidder A.O. REED & CO. BY ._ Robin J. Cannula„ Signatures of Bidder: Title: Sr. Vice President Title: NOTE If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures o f authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership the true name of the firm shall be set forth above together with the signature of the partner or partners out/torized to sign contracts on behalf f o f the partnership; and if bidder is an individual, his or her signature shall be placed above. Business Address: 4777 Ruffner Street San Diego, CA 92111 Telephone: _(858) 565-4131 Email Address: rcallawayaaoreed com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 December 15, 2010 (2).max NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check Li t Please verify that all required documents are enclosed with your bid as follows: XX Bid Form XX Bid Bond XX Designation of Subcontractors XX Non -Collusion Affidavit Information Required of Bidders (for non-prequalied bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 December 15, 2010 (2).max Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM MORROW -MEADOWS CORPORATION Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 016.1 Electrical (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 9,908,000.00 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Nine million nine hundred eight thousand dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form Page I of 6 November 8, 2010 Morrow -Meadows 12-16-2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No.1: ESS Programming Support Add/fit (select):..................................................... $870.00/half day (UOM) Unit Cost No.2: ESS Programming Support Add/ (select): Unit Cost No.3: Add/Delete (select): Unit Cost No.4: Li Add/ (select): Unit Cost No.5: Lid Add/ (select): Unit Cost No.6: Lit Add/ (select): ..................................................... $1,690.00/full day (UOM) (UOM)> ht Fixture A1— 8 ft. installed .............................. I...................... $1,590.00/EA (UOM) ht Fixture AM — 8 ft. installed ................................... I................. $1,590.00/EA (UOM) ht Fixture Al2 installed ............................................ $1,280.00/EA (UOM) Newport Beach Civic Center and Park Project, Phase III December 16, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 74,300.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 40,000.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all offsite work throughout the duration of their Contract). S. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W, Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (45) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 3 of 6 Morrow -Meadows November e, 2010 12-16-2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Morrow -Meadows Corporation Position/Title: Name: Karen V. Price Name: Robert E. Meadows Position/Title: President Position/Title: Executive Vice President Name: Timothy D. Langley Position/Title: Secretary (IMPORTANT NOTICE; If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof, if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 Morrow -Meadows 12-16-2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 230813 Expiration Date: 6-30-2012 Class of License 010, B (Note: If the bidder is a joint venture, each member of the joint venture must include the above: information,) 131D CERTIFICATION: 1, Karen V. Price the President certify under penalty of perjury under the laws of the State of California, that oall tof he bidderinfo, hereby rmation submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this16_ th`day of December 2010 at Los Angeles County, California. Legal Na5w`of Bidde / rrow-Meadows Corporation of Bidder: Karen V. Price Titley President Timothy D, Langley Title: Secretary NOTE. If bidder is a corporation, the legal name of the corporadan shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, if bidder is a Partnership, the true name o f the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts an behalf of the partnership; and if bidder is on individual, his or her signature shall be placed above. Business Address: Morrow -Meadows Corporation 231 Benton Court City of industry, CA 91789 Telephone: 909.598,7700 Email Address: eslingluff@morrow-meadows.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number dearly identified on the front of the envelope. Newport teach Civic Center and Park Project, phase III Bid Form Page 5 of 6 November 8, 2010 Morrow -Meadows 12-16-2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: EBid Form LAJ Bid Bond ADesignation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 6 of 6 November 8, 2010 Morrow -Meadows 12-16-2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Bergelectric Corporation Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 016.1 Electrical (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BAS— E BID. f6P40 TOTAL BASE BID (includes all applicable taxes and cost, or for the sum of (in words) k The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page I of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: ESS PROGRAMMING SUPPORT HALF DAY Add/Delete (select): ............. ....................... Unit Cost No. 2: ESS PROGRAMMING SUPPORT FULL DAY Add/Delete (select): < $ 112 .00/ N/A (UOM)> Unit Cost No. 3: Add/Delete (select) :................ < 00 / (UOM)> AI TG'O&IA raw. .� _ _ _ 2S s ALTERNATE No. 1: SAN MIGUEL PEDESTRIAN BRIDGE Add /Deduct (select) ($ TBD ALTERNATE No. 2: 1 HOTp - VOLTAIC PANELS Add /Deduct (select) ($ ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No. 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park Project, Phase III Bid Form Page 2 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: Yes X No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions :to L, Bidders. The value of payment and performance included in the base bid amount is $ ; 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $1�.-% bidder will be required to maintain their General Liability and u omA otive insurance coverage for all offsite ccessful work throughout the duration of their Contract), 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Par[( Project, Phase III Bid Form Page 3 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8, Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. I I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Don L. Briscoe Position/Title: President Name: William L. Wingerning Position/Title: Senior Vice President Name: Position/Title: Name: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the President secretary, treasurer, and manager thereof- if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is an individual, state first and last names in fall.) Newport Beach Civic Center and Park Project, Phase III Bid Form Page 4 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 85046 Expiration Date: 02/28/2011 Class of License CIO (Note: If the bidder is a joint venture, each member Of the joint venture must include the above information.) BID CERTIFICATION: I, Don L. Briscoe , the President of er, hereby certify under penalty of perjury under the laws of the State of California, that allthe of thfedinformation submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this day of -k [-7F ,' -U11 2010 at L' -C,(, -\-N } County, California. Legal Name of Bidder Bergelectric Corporation By Don L. Briscoe Signatures of Bidder: �r' President Title: NOTE If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or agents and the document shall bear the corporate seal, • if bidder is a Partnership, the true name of the firm shall be set forth above together with the signature of the partner or Partners authorized to sign contracts on behalf of the Partnership; and if bidder is an individual his or her signature shall be placed above. Business Address: 3595 Cadillac Avenue, Suite 101 Costa Mesa CA 92626 Telephone: 714-433-7100 Email Address: -canderson@bergelectric.com com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Bid Form Page 5 of 6 November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: ;�o Bid Form r .171 Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non -prequalified bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Rosendin Electric, Inc. Company TO: C. W, Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the ContraM the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III — COMPLETION PACKAGE BID PACKAGE NUMBER: 016.1 Electrical, Low Voltage, Audio Visual {Description of Bid Package} All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos, 1 , 2 and ..... ice of C. W. Driver, _, on file at the off $ 9'q q9c TOTAL BASE 810 (includes all applicable taxes and cost; or for the sum of (in words) Any //Y C7 rt"i f A I- Al PM&Y )�7 C -/U /21; ,00'- ,:�i�ihrJ*c,9rs /yrs/fr?J^'+S" The 21;E,00'- The bidder will enter all bid amounts in words and in numbers. In the event of a. discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November B, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS, If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs, (Write in the unit price or alternate description) Unit Cost No. 1: Fixture TWe Al I�Delete (select): ........................... ...................... 1-<s.- .00/EA (UOM)> Unit Cost No. 1, Fixture Type AlA (�ddDelete (select)- . ... ..................... ........................... <$ rQ 001 EA (UOM)> Unit Cost No. 3: FiXture Type Al2 delete (select): ...... .................................... < .00/EA (UOM)> ALTERNATES: (—Only if Speciffically Requested by Bid Package, sum includes all appficable taxes an costs ALTERNATE No, 1: Pedestrian Bridge at San Miguel (AY/Deduct (select) ($ 30,000 ALTERNATE No, 2:_Photovoa,taic Panels on the City Hall Roof (�4/DedLtCt (Select) ( 608,000 ALTERNATE No. 3: Add /Deduct (select) ($ ALTERNATE No, 4: Add /Deduct (select) ($ Newport Beach Civic Center and Park. Project, Phase III Page 2 of 6 Bid Form November 8,,2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 66,200.00 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 27,253.00 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 1 I . It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Jon Woodworth Position/Title: VP Southern CA Name: Cliff Thompson Position/Title:VP Field operations Southern CA Name: Name: Position/Title: Position/Title: (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm, if bidder or other interested person is an individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed In accordance with the law providing for the registration of Contractors: License No.: 142881 Expiration Date: 9/ 3 0/ 12 Class of License A S C-10 (Note: If the bidder is o joint venture, each member of the Joint venture must include the above information) BID CERTIFICATION: 1 Jon. Woodworth , the VP Southern California of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 16 day of December 2014 at La Palma CA orange County, California. Legal Name of Bidder. R!ppgndin, Electric, Inc. Signatures of Bidder: Title: VP, Southern California Title: NOTE. It bidder is a -yarpRfation, the legal name of the corporation shall be set forth above together with the signatures of authorized officers or a e is and the document shall bear the corporate seat; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, and if bidder is an individual, his or her signature shalt be placed above. Business Address: 5572 Fresca Drive La Palma CA 90523 Telephone: 714.521.8113 Email Address: iwoodworthorosendin. com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of'the envelope. Newport Beach Civic Center and Park Prolect, Phase III Page 5 of 6 Bid Form November 8.2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 Bid Check List Please verify that all required documents are enclosed with your bid as follows: Bid Form X❑ Bid Bond Designation of Subcontractors Non -Collusion Affidavit Information Required of Bidders (for non-prequoli fled bid packages) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 6 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 BID FORM Anderson & Howard Electric, Inc. Company TO: C. W. Driver, 15615 Alton Parkway, Suite 150, Irvine, CA 92618 Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having thoroughly examined and familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Project Documents, hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by C. W. Driver and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the Project described below: CITY OF NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE I11 — COMPLETION PACKAGE BID PACKAGE NUMBER: 016.1 Electrical (Description of Bid Package) All in strict conformity with the drawings and specifications and other Project Documents, including addenda nos. 1 , 2 , and , on file at the office of C. W. Driver, BASE BID: $ 9,745,000 TOTAL BASE BID (includes all applicable taxes and cost; or for the sum of (in words) Nine Million Seven Hundred Fourty-five Thousand Dollars The bidder will enter all bid amounts in words and in numbers. In the event of a discrepancy, the words will be considered binding. Newport Beach Civic Center and Park Project, Phase III Page I of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 UNIT COSTS: If unit prices are required of this Bid Package per Subcontract Exhibit C, Section IV, Bidder shall list the individual unit prices below. These unit prices will be applied to changes in the Work, either additive or deductive, if pre -approved by C. W. Driver beyond the original scope. Each unit cost item shall include taxes and all associated costs. (Write in the unit price or alternate description) Unit Cost No. 1: Light fixture Al, linear up -light linear fluorescent pendant fixture in first floor open offices. Add/Delete (select): ...................................................... < $ 1,053 .00 / each (UOM)> Unit Cost No. 2: Light fixture A1A, direct down -light, linear fluorescent pendant fixture in 2nd floor open offices. Add/Delete(select):......................................................<$_1,562 .00/ each (UOM)> Unit Cost No. 3: Light fixture Al2, LED ceiling up -light, at interior and exterior locations. Add/Delete (select):......................................................< $ 1,122 .00 / each (UOM)> ALTERNATES: (Only if Specifically Reauested by Bid Package, sum includes all a-b-blicable taxes and costs ALTERNATE No. I: Bridge Add Deduct (select) ($ 59,000 ALTERNATE No. 2: Photovoltaic Add Deduct (select) ($ 450,000 ) ALTERNATE No. 3: ESS Systems programing Add educt (select) ($ 1/2 day = $ 800 1 full day = $ 1,600 ALTERNATE No. 4: C.W. Driver Contingency/Allowances per Attachment "C Add Deduct (select) ($ 170,000 ) Newport Beach Civic Center and Parlc Project, Phase III Page 2 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 2. Bidder may suggest alternate materials and methods that will provide a cost savings to the project. Such suggested alternates shall be fully described by the Bidder on a separate attachment to this Bid Proposal. As applicable, supporting information and details shall also be provided. Proposed cost savings amounts shall be listed on the attachment. Suggested alternates shall be complete and functional in every respect. Acceptance of suggested alternates is at the sole discretion of C. W. Driver and in no way affects or invalidates any part of this Bid Proposal. Bidder suggested alternates are separate from and not part of this Bid Proposal., and will not be considered in determining the responsive low bidder. Bidder has attached Bidder Suggested Alternates: X Yes No 3. Bonds: Bidder has included in the base bid amount the cost of payment and performance bonds in compliance with the Instructions to Bidders. The value of payment and performance included in the base bid amount is $ 139,000 4. Insurance: Bidder warrants that it has reviewed in detail with its insurance carrier the insurance requirements set forth in the Project Bid Documents. As part of this Contract, the Owner intends to enact an Owner Controlled Insurance Program (OCIP). Bidders price excludes cost of premiums for insurance covered by the OCIP in the amount of $ 31,297 (NOTE: Successful bidder will be required to maintain their General Liability and Automotive insurance coverage for all off site work throughout the duration of their Contract.). 5. The undersigned declares that he has carefully examined the location of the work, has read thoroughly the instructions to the Bidders, has examined the Plans and Special Provisions and all bid documents, including the availability of materials and labor, and hereby proposes to furnish all materials and labor to perform all work required to complete the Work for the pricing stated herein. 6. The Bidder agrees that C. W. Driver reserves the right to reject any or all Proposals, in whole or in part, to accept other than the lowest bid day price based upon bidders responsiveness and completeness of overall bid, and to waive any informality or irregularity therein. The Bidder agrees that its Proposal may not be withdrawn for a period of forty-five (90) calendar days after the Bid Date Deadline. 7. Bidder understands that the Bid Documents and Bid Form take precedence and supersede any conflicting: verbal instructions, discussions during the job walk and the Instructions to Bidders handout. Newport Beach Civic Center and Park Project, Phase III Page 3 of 6 Bid Form November 8, 2010 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 8. Bidder has attached the required bid security in the amount of not less than 10% of the Bid as follows: X Bid Bond or $ . Certified check, cashier's check or cash (circle one). 9. Non -collusion affidavit is attached hereto. 10. The required list of proposed Contractors is attached hereto. 11. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to C. W. Driver a contract in the form attached hereto, without modification, in accordance with the bid as accepted. The undersigned will submit the executed Contract, Performance Bond and Payment Bond, Insurance Certificates as specified, and Drug-free Workplace Certification, all within ten (10) consecutive calendar days after Award of Subcontract. The work under the Subcontract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in C. W. Driver's Notice to Proceed, and shall be completed by the Subcontractor in the time specified in the Project Documents. The Subcontractor shall not start work on the Project until all paperwork required herein is timely and correctly submitted to the C. W. Driver. No time extensions shall be granted to Subcontractor for Subcontractor's failure to comply with these provisions. 12. The names of all persons interested in the foregoing proposal as principals are as follows: Name: Brian D. Elliott Position/Title: CEO Name: Thomas M. Howard Position/Title: Secretary Name: Charles B. Howard Position/Title: Chief Financial Officer Name: Greg Elliott Position/Title: President (IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,' if a co -partnership, state true name of firm, also names of all individual copartners comprising the firm; if bidder or other interested person is on individual, state first and last names in full.) Newport Beach Civic Center and Park Project, Phase III Bid Form November 8, 2010 Page 4 of 6 NEWPORT BEACH CIVIC CENTER AND PARK PROJECT PHASE III Addendum 2 13. Bidder certifies that he is licensed in accordance with the law providing for the registration of Contractors: License No.: 258268 Expiration Date: 4/30/2012 Class of License C-10 / C-7 {Note: if the bidder is a joint venture, each member of the joint venture must include the above information.) BID CERTIFICATK3N: I, Grep Efliott ?the President of the bidder, hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted by the bidder in connection with this bid and all of the representations made herein are true and correct. Executed on this 7th day of December 2010 at Orange County, California. Legal Name of Bidder Anderson & Howard Electric Inc. By Greg Elliott Signatures of Bidder: rr _ Title: President x J Title: NUT&: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signatures of outhori7ed officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if bidder is on individual, his or her signature shall be placed above, Business Address: 17AI EReynplds A ue - Telephone: (.949] 95iT fly 4555 _. Email Address: cage@aat7dh.com Bidders are reminded to include all items in an opaque sealed envelope with the bid package number clearly identified on the front of the envelope. Newport Beach Civic Center and Park Project, Phase III Sid Form November B, 2010 Page S of 6 CITY OF NEWPORT BEACH , 3G p. Z CITY COUNCIL STAFF REPORT. Agendalfe No. April 27, 20101/6,2 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL C/7J FROM: Public Works Department Stephen Badum sbadum@newportbeachca.gov 949-644-3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT —APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT & CONSTRUCTION MANAGEMENT AT RISK CONTRACT WITH C.W. DRIVER RECOMMENDATIONS: 1) Approve a Professional Services Agreement with C.W. Driver, Irvine, California, for the project management during Construction Document preparation at a not to exceed price of $2,305,933 and authorize the Mayor and City Clerk to execute the Agreement. 2) Approve a Construction Manager At Risk Contract with C.W. Driver, Irvine, California, for the Construction Management at Risk at a not to exceed price of $14,617,374 and authorize the Mayor and City Clerk to execute the Contract. 3) Establish a budget of 10% of the Mass Excavation & Shoring construction cost ($673,000) as the City's contingency for unforeseen costs and authorize the Public Works Director and City Manager execute change orders upon concurrence by the City Council Building Committee 4) Approve Budget Amendment No. BA10--appropriating $17,596,307 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410-C1002009. DISCUSSION: Project Management On January 13, 2009, City Council selected C.W. Driver as the program manager for the Newport Beach Civic Center Project. Since that selection, C.W. Driver has successfully managed the Conceptual Design, Schematic Design, and Design Development phases of the Civic Center project. The next step in advancing the project is the management of the construction document phase of design which will include plans and specifications for the various bid packages to construct the Civic Center project. Newport Beach Civic Center Prof, - Approval of Professional services Agreement for ,act Management & Construction Management at Risk Contract with C.W. Driver April 27, 2010 Page 2 The proposed scope of work includes project management and administration services, including design management and coordination services for the project from the production of construction documents through the issuance of a building permit. Work scope in this phase includes: • Coordinate and manage the City's design team in its delivery of the final construction documents and bid packages • Develop budgets and or cost estimates and recommend design modifications as necessary utilizing Value Engineering principles to seek to keep at or below the construction budget established for the Project • Provide periodic design and constructability reviews. • Develop and maintain overall Project schedules and manage the Project to ensure that timeframes for deliverables and processes prior to construction are met • Manage the LEED certification process • Manage appropriate furniture, fixture and equipment bidding/procurement process • Assure incorporation (and respond to) all Building Official and other permitting agency comments as appropriate, and facilitate the permitting process • Secure City issued building permits and all other jurisdictional permits required to construct the Project • Pre -qualify Subcontractors and vendors in advance of the bidding process The proposed fee for program management services for construction document phase is at a cost not to exceed $2,305,933 on a time and materials basis per the attached proposal and hourly rates. Construction Manager at Risk In an effort to expedite the project, the City has elected to start the early phases of the project such as grading and the construction of the parking structure in advance of the final design completion of the parks, City Hall building, and Central Library Expansion. To accomplish this goal it will be necessary to enter into a phased Construction Manager at Risk (CM@R) contract. City staff has negotiated a CM@R contract with C.W. Driver. The contract is broken down into four components. The first component is the basic services or general conditions. These include the fixed costs for the construction field office (including construction trailers, office equipment, portable restrooms, copiers, computers, telephone and equipment) and the necessary personnel to staff the project (including superintendent, inspection and support staff). The work scope included in basic services includes: • Managing the public bidding and award process in full compliance with the California Public Contract Code Newport Beach Civic Center Projc Approval of Professional Services Agreement for i xt Management & Construction. Management at Risk Contract with C.W. Driver April 27, 2010 Page 3 • Providing full and complete construction administration, coordination and construction observation services during and following construction, including but not limited to the following: ❖ Onsite administration and management ❖ Project and construction cost management ❖ Quality assurance, inspection, and quality control ❖ Coordinate with the City's Building Inspectors ❖ Dispute resolution ❖ Submittal coordination ❖ Management of Requests for Information (RFI) ❖ Change order review and negotiations ❖ Manage construction materials testing, and specialty inspection services ❖ Provide schedule analysis and continuous updates ❖ Manage project close-out, including assuring the A&E team provides complete record (As -Built) drawings ❖ Construction punch -list management and completion ❖ Manage substantial and final completion processes, and project acceptance. ❖ Compile program warranties ❖ Deliver operations and maintenance manuals ❖ Coordinate the installation of FF&E and move in activities Manage final payment and project closeout for all consultants and contractors under direct contract with the City ❖ Coordinate warranty work for a period of up to one year The Basic Services based upon the current project schedule for the entire project are estimated at a not to exceed cost of $7,169,255. Basic Services will be billed monthly on a time and material basis at the agreed rates as shown on Exhibit A of the CM@R contract. The second component of this contract is the actual cost of the construction work. The cost of the work will be set as a Guaranteed Maximum Price (GMP). The GMP will include the actual bid plus a contingency. Under the CM@R project delivery method, C.W. Driver will bid out the various construction trade contracts in accordance with the Public Contract Code and oversight from the City Clerk. The City Council will then approve the expenditure and accept C.W. Driver's GMP proposal for the work. C.W. Driver will then be responsible for delivering all work and construction included in the approved work scope for the maximum cost stated in the GMP. Any costs exceeding the GMP will be borne by C.W. Driver. Any savings under the GMP will be shared by the City and C.W. Driver. The City will receive 75% of any savings and C.W. Driver will receive 25% of any savings as an incentive to reduce overall costs. As stated above, the City has implemented a phased project so that the grading and parking structure construction can begin in advance of the final design completion for the City Hall, Library and park components of the project. The first phase will be the Mass Excavation and Shoring Construction Phase. This phase includes the excavation, grading, and export of approximately 200,000 cubic yards of earth; the construction of a shoring wall to provide for the construction of the parking structure; and the construction Newport Beach Civic Center Pro, - Approval of Professional Services Agreement for act Management & Construction Management at Risk Contract with C.W. Driver April 27, 2010 Page 4 of various retaining walls to facilitate grading within the North park portion of the project. On April 13, 2010, the City Clerk oversaw the public opening of the sealed bids for this phase of the work and a summary of those bids is attached for Council review. Upon verifying the bids, C.W. Driver compiled the GMP based upon the lowest responsible bids. The GMP for this work including a contingency of 8% is $6,726,574. A breakdown of the project components are listed in exhibit A. Subsequent GMP phases will include a second phase for the Parking Structure construction and a final phase City Hall, Library Expansion, and Park Improvements. The third component is the Direct Expenses which include the direct costs for bond premiums; field office expenses such as equipment and supplies; general liability insurance; and additional services as requested by the City. Direct expenses will include known costs and allowances for variable items. The Direct Expenses for the Mass Excavation and Shoring Construction phase total $265,412 including general liability insurance cost of $126,453 and an allowance for bonds and expenses at $138,959. The fourth component is the Project fees for managing the construction. These construction management fees represent the markup, overhead, and profit. The Basic Services, Direct Expenses, and GMP represent actual costs without any markups, overhead or profit. The rate for the construction management fee is set at 3.25% for the entire project. The construction management fee for this phase of work is calculated at $456,133. The total cost of the proposed Construction Manager at Risk contract is $14,617,374 including the Mass Excavation and shoring construction phase GMP. To provide for potential unforeseen costs, staff recommends that a budget of $673,000 (10% of the Mass Excavation) be established. Unforeseen costs may typically include delay and recovery costs should we discover significant archeological artifacts on the project site, changed geologic conditions, and delays due to environmental or weather conditions. Staff also proposes that any adjustments to the CM@R contract compensation be authorized by the Public Works Director and City Manager with concurrence by the City Council Building Committee. Construction Manager at Risk Costs Amount Basic Services $ 7,169,255 Mass Excavation and Shoring Construction GMP (including 8% contingency) 6,726,574 Direct Expenses 265,412 Construction Management Fee 456,133 Subtotal 14,617,374 City's Contingency (10%) 673,000 Total $15,290,374 Environmental Review: Newport Beach Civic Center Prot, - Approval of Professional Services Agreement fore, dci Management 8 Construction Managemen(at Risk Contract with C.W. Driver April 27, 2010 Page 5 Project Management and CM@R services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: With the approval of the recommended Budget Amendment in the amount of $17,596,307 sufficient funds are available in the following account: Account Description Account Number Amount Newport Beach Civic Center 7410-C1002009 $ 17,596,307 Submitted by: uding work scope, schedule and fee exhibits CM@R contract with C.W. Driver— GMP Breakdown Budget Amendment PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR CITY CIVIC CENTER AND PARK THIS AGREEMENT is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and C.W. DRIVER a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California, 92618 ("Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new City Civic Center and Park. C. City desires to engage Consultant to provide program management services through the Construction Document Design Phase and Construction Phase of the new City Civic Center and Park Project ("Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Bruce Curry. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: HINEEFRI 17, The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of December, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million, Three Hundred Five Thousand, Five Hundred Eighteen Dollars and no/100 ($2,305,518.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing li 5. AA in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated BRUCE CURRY to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. ADMINISTRATION This Agreement will be administered by the Public Works Department. STEPHEN BADUM shall be the Project Administrator, and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or_delay or faulty performance by City, contractors, or governmental agencies. CI 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 5 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. F Elm ►UTTATIM00 Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's N employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 7 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. .01 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such HM persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Stephen G. Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3311 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Bruce Curry C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Phone: 949-261-5100 Fax: 949-261-5167 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 11 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. IM 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By. N%%% t L_------4 3110 Leonie Mulvihill, C, Acting City Attorney �,` I qlo ATTEST: 0 Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Keith D. Curry, Mayor C.W. DRIVER: M Dana Roberts, President By: Bessie Kouvara, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 EXHIBIT A G.W. Driver BUILDERS SINCE 1919 April 19, 2010 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: Newport Beach Civic Center and Park Project Program Management Proposal CD Design and Construction Phases Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5 100 C. W. Driver is pleased to submit our fee proposal to provide continued Program Management Services through the Construction Document and Construction Phases of the Newport Beach Civic Center and Park Project for your consideration. We are excited about this opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. Our proposed fee of $2,305,933 is a Not -to -Exceed price for these services through the CD Design Phase and Construction Phase of the Project as per CWD's attached schedule of services. A breakdown of these services is as per the following: PROGRAM MANAGEMENT SERVICES. Estimating / Budgeting / Cost Studies 12% 285,903 Value Engineering Effort (All Phases) 5% 111,143 Bid Phase Support 8% 190,258 Post Bid Evaluation and Services 7% 156,928 Constructability Review I Systems Analysis 5% 115,920 BIM Manager / 3D Project Modeling 2% 47,520 Operations Preconstruction Services 7% 154,696 Solicit Proposals & Qualifications for Owner Consultants 5% 122,377 RFP's / Selection / Coordination of Owner Consultants 50% 114,870 Management and Coordination of Design Process 9% 209,455 Prequalify Subcontractors and Trade Contractors for Project 13% 290,488 Manage Owner FF&E and Move -in Process 9% 206,960 Manage Project LEED Certification Process 10% 224,000 Project LEAN Consultant 3% 75,000 TOTAL Program Management Services 100% 1 $2,305,933 Los Angeles Irvine Ontario San Diego Page I of 3 License No. 102 EXHIBIT A C.W. Driver has not requested any additional reimbursement amounts for this phase and will use the remaining balance from the previous contract phase for any reimbursements associated with these services. Due to the elevated level of detail, the increased amount of documents to review, and increased amount of services to provide during the Construction Document Phase, C.W. Driver's preconstruction services for this phase will increase as compared to prior design phases. Program Management Services for a project typically range between 4% - 6% of a projects total construction budget. However, since CWD has the resources and ability to provide both Program Management AND Construction Services to our clients, we are pleased to provide these services at a reduced rate, therefore passing this management fee savings onto the City of Newport Beach. All of our above estimates are based upon the attached rate sheet. In an attempt to reduce the overall project costs to the City, C.W. Driver has not increased any of our current contract rates approved in our original contract. C.W. Driver will continue to provide the services outlined in our original Agreement with the City of Newport Beach and have provided a breakdown of these services per the following as part of our proposal: Program Management Services: a. Estimating — C.W. Driver will provide a full project estimate for the Owner during the CD design phase prior to the final bid phase of the project. b. Value Engineering — C. W. Driver has allocated resources for an extensive Value Engineering effort during this phase as each submission is received from the project designers. c. Constructobility Review — The level of completeness and accuracy of a set of design documents prior to the bid phase can significantly affect the overall costs of a project. C.W. Driver has anticipated providing full constructability review services for each drawing submission by the design team. d. Systems Analysis — Since the Civic Center structure is intended to achieve Silver LEED rated building, C.W. Driver has included in our services a building system analysis reviewing the proposed design systems for appropriateness of the building type, structure, climate and building location to help increase the Owner's overall value of the project. e. On-going Cost Studies — C.W. Driver has budgeted on-going cost studies for various elements of the project to evaluate options presented by the designers. f. BIM Technology 13D Imaging g. Bid Phase and Post Bid Services h. Review and Analyze Cost Estimates from Architects Estimating Consultant i. Coordinate and attend all team related meetings Page 2of3 LICENSE N,, 102 EXHIBIT A j. Management and Coordination of Owner's Project Consultants - This includes the Owner's Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site Engineering and Survey Group, Commissioning Consultant, etc. until the completion of the Construction Document Phase. k. Provide, maintain and distribute milestone preconstruction schedules L Attendance to all required project meetings and project related committee meetings m. Facilitate the Design Process and Information between different entities during both Preconstruction and Construction Phases of the Project n. Prequalify Subcontractors and Trade Contractors for the Project o. Manage the LEED Certification Process and Submittal Requirements to the USGBC p. Manage Owner's FF&E Process q. Coordinate Owner Move -in with Owner's Moving Consultant r. Coordinate the Newport Beach Civic Center Project with other City Construction Projects and Departments Exclusions: a. Construction Management at Risk Services for the Construction Phase of the project. (See separate CWD GMP proposal) b. Project energy management simulations, calculations, c. LEED Credit Calculations d. Reprographics and printing costs ( Reimbursable Items) Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Sincerely, Bruce Curry Project Executive C: Darren Mann, CWD Andy Feth, CWD Robert Shafer, CWD William Hahn, CWD Attachments: Exhibit B — CWD Rate Sheet D L Page 3 of 3 S KICE Ntih'u_IU3 I GW. Driver C. W. DRIVER BUILDERS SINCE 1919 Exhibit "Bat MANAGEMENT RATES & REIMBURSABLES EFFECTIVE January 1, 2010 -December 31, 2012 ACCOUNTING 84.00 ASSISTANT ESTIMATOR 82.00 ASSISTANT PROJECT MANAGER 139.00 ASSISTANT SUPERINTENDENT 109.00 BIM MANAGER 132.00 CARPENTER 102.00 CARPENTER FOREMAN 107.00 CLERICAL 81.00 CONSTRUCTABILITY REVIEWER 139.00 ESTIMATORICOST ENGINEER 148.00 FIELD SUPERINTENDENT 157.00 GENERAL SUPERINTENDENT 195.00 IT SUPPORT 107.00 LABORER 84.00 LABORER FOREMAN WOO PROJECT ENGINEER 83,00 PROJECT EXECUTIVE / CHIEF ESTIMATOR 195,00 PROJECT (PROGRAM) MANAGER 165.00 SAFETY OFFICER 104.00 SCHEDULER 128.00 SENIOR ESTIMATOR 170.00 SENIOR PROJECT ENGINEER 128.00 SENIOR PROJECT MANAGEMENT 171.00 SENIOR SUPERINTENDENT 163.00 TRUCKING / DELIVERIES 69.00 Above rates apply to Standard Workweek hours. Management Rates Include all wages, workers compensation insurance cows, fringe benefits and payroll vexes, office supplies and expense: mobile phone costs, project staff computers and sofware main office overhead, and profit flelmlal=able Expenses, Reimburseable expenses will be reimbursed at rate of cost plus Ill%. Typical reimbursement costs consist of the following: Travel and subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs, postage and mail delivery charges, Permits and Fees, Testing and inspections, Payment and Performance Bonds CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. NEWPORT BEACH CIVIC CENTER AND PARK April 27, 2010 City of Newport Beach -1 - Construction Management at Risk Contract Table of Contents ARTICLE 1 DEFINITIONS; CONTRACT COMPONENTS; PROJECT SCOPE ......................3 ARTICLE 2 CONSTRUCTION MANAGER'S BASIC SERVICES... ........................................ 5 ARTICLE 3 DURATION OF THE CONSTRUCTION MANAGER'S SERVICES....................14 ARTICLE 4 CHANGES IN THE CONSTRUCTION MANAGER'S BASIC SERVICES AND ADDITIONAL COMPENSATION... .................................................. ........ _ 15 ARTICLE 5 CITY RESPONSIBILITIES.................................................................................15 ARTICLE 6 COMPENSATION FOR CM SERVICES AND PAYMENT.................................18 ARTICLE 7 INSURANCE AND MUTUAL INDEMNITY.........................................................23 ARTICLE 8 TERMINATION AND SUSPENSION.................................................................30 ARTICLE 9 DISPUTE RESOLUTION...................................................................................31 ARTICLE 10 ADDITIONAL PROVISIONS..............................................................................31 Exhibits Exhibit A Guaranteed Maximum Price Documentation Exhibit B Designation of Bid Packages Exhibit C Non -Collusion Affidavit Exhibit D Designation of Sureties Exhibit E Contraction Manager's Industrial Safety Record Exhibit F Faithful Performance Bond Exhibit G Labor and Materials Payment Bond City of Newport Beach -2- Construction 2- Constructlon Management at Risk Contract CONSTRUCTION MANAGER AT RISK CONTRACT THIS AGREEMENT is entered into this _ day of 2010 (the "Effective Date"), by and between the CITY OF NEWPORT BEACH, a Municipal Corporation (the "City") and C.W. DRIVER, INC., a California Corporation ("Construction Manager" or "CM"), whose address is 15615 Alton Parkway, Suite 150, Irvine CA 92618, and is made with reference to the following: RECITALS A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City ("Charter"). B. The City and the CM entered into a contract dated January 13, 2009, as subsequently amended (the "PM Contract"), for program management services related to the City Hall and Park Master Plan Project. C. The City desires to engage the CM to perform construction management services in connection with Newport Beach Civic Center and Park ("Project'). D. The CM possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. NOW, THEREFORE, the City and the CM, in consideration of their mutual covenants herein, agree as follows: ARTICLE 1 DEFINITIONS; CONTRACT COMPONENTS; PROJECT SCOPE 1.1 Definitions "Agreement" shall have the meaning set forth in Section 1.2. "Allowance Item(s)" shall mean the item(s) identified as such in Exhibit A. "Basic Services" shall have the meaning set forth in Section 2.1. "Charter" shall have the meaning set forth in Recital A. "City" shall mean the City of Newport Beach. "City Council" shall mean the Newport Beach City Council. "Construction Manager" or "CM" shall mean C.W. Driver, Inc. "Contingency" shall mean the line item contingency, in the amount set forth in Exhibit A, for the contingencies that arise during the course of construction of a project of this size and scope. "Contractor" shall have the meaning set forth in Section 2.3.7. City of Newport Beach .3 - Construction 3 - Construction Management at Risk Contract . "Contract Documents" shall have the meaning set forth in Section 1.2. "Cost of the Project" shall have the meaning set forth in Section 6.1.11. "Designer" means Bohlin, Cywinski, Jackson, a Pennsylvania Corporation. "Direct Expenses" means the items set forth in Section 6.2.2. "Effective Date" shall have the meaning set forth in the opening paragraph of the Agreement. "Fee for Basic Services" shall mean the fee for the Basic Services set forth in Section 6.2.1. "CM Fee of 3.25%" means the fee paid to the CM that is 3.25% of the Cost of the Project, the Basic Services and the Direct Expenses. "GMP Change Order" shall have the meaning set forth in Section 6.1.9. "Guaranteed Maximum Price" or "GMP" shall have the meaning set forth in Section 6.1.1, as may be amended pursuant to Section 6.1.9. "Master Schedule" shall mean the schedule prepared pursuant to Section 2.3.1. "PM Contract" shall have the meaning set forth in Recital B. "Project" shall have the meaning set forth in Recital C and Section 1.3 of the Agreement. The term Project shall include the total construction of which the Work may be a whole or part of the Project. "State" shall mean the State of California. "Uncommitted Funds" shall have the meaning set forth in Section 6.1.7. "Work" means the construction and related services to be performed by the CM as provided for in this Agreement. 1.2 Contract Documents The complete contract forthe Project includes the following documents: this Agreement ("Agreement"), the Guaranteed Maximum Price Documentation, the Designation of Bid Packages, the Non -Collusion Affidavit, the Designation of Sureties, the Construction Managers Industrial Safety Record, the Performance Bond, the Labor and Materials Payment Bond, Construction Documents as enumerated in Exhibit B, 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. City of Newport Beach -4- construction 4 - construction Management at Risk contract _ _ 1.3 Project Description The Project name and location is as follows: Newport Beach Civic Center Project 1100 Avocado Avenue, Newport Beach, California 92660 The Project will be delivered pursuant to a phased approach, as more particularly described herein. As contemplated, the Project is generally comprised of the following three phases: (1) mass excavation and grading, (2) 450 stall parking structure, and (3) new Civic Center, dog park, civic lawn, expansion of existing library, City Council chambers, a community room, and a pedestrian bridge over San Miguel Avenue. The scope of Work is described in the exhibits attached hereto, as may be subsequently supplemented and amended. Subject to the approval of the City, the parties anticipate increasing the scope of the Work hereunder by amendments to the Agreement to accommodate each additional phase of the Project. 1.4 Relationship of the Parties The CM shall contract directly with such trade contractors as may be necessary for construction of the Project. All such trade contracts shall be issued consistent with the applicable provisions of this Agreement, the Charter, the City's Municipal Code and applicable State law. ARTICLE 2 CONSTRUCTION MANAGER'S BASIC SERVICES 2.1 Scope of Work The CM shall perform everything required to be performed, as described herein, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project ("Basic Services"). It is not required that the Basic Services be performed in the sequence in which they are described. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. The CM is required to perform all activities, at no extra cost to the City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 2.2 Pre -Construction and Program Management Services The CM shall perform certain pre -construction and program management services relating to the Project pursuant to the PM Contract. Services performed under the PM Contract shall not be considered "Basic Services" under the Agreement. 2.3 Procurement Phase 2.3.1 Master Schedule The CM shall prepare a Master Schedule for the Project. The Master Schedule shall specify the proposed start and finish dates for each major Project activity. The CM shall submit the Master City of Newport Beach - Construction Management at Risk Contract . Schedule to the City for acceptance, acceptance of which must be in writing by the City. The Master Schedule shall subsequently be updated pursuant to Section 2.4.16. 2.3.2 Prequalifying Bidders In accordance with applicable law, the CM shall prequalify bidders for each bid package set forth in Exhibit B. This service shall include the following: preparation and transmission of questionnaires; receiving and analyzing completed questionnaires; and preparing summary reports regarding this activity to the City. The CM shall also prepare and transmit to the City a list of prequalified bidders for each bid package. The City shall confirm each prequalified bidder is not presently debarred, suspended, proposed for debarment, declared ineligible or otherwise prohibited from participating on the Project. 2.3.3 Pre -Bid Conference The CM shall conduct a pre-bid conference for each bid package. These conferences shall be forums for the CM and Designer to explain to the bidders the bid package requirements, including information concerning schedule requirements, time and cost control requirements, access requirements, contractor interfaces, the Project administrative requirements and technical infonnation. 2.3.4 Information to Bidders The CM shall conduct a telephonic and written correspondence campaign to attempt to create Interest among qualified bidders. The CM shall prepare and post notices and advertisements to solicit bids for the Project in accordance with City policies and applicable law. The CM shall expedite the delivery of bid documents to the bidders. The CM shall obtain documents from the Designer and coordinate posting to an "FTP site or copying documents onto CD's for distribution to the bidders. The CM shall maintain a record of bidders receiving documents. The CM shall develop and coordinate procedures to provide answers to bidders' questions. 2.3.5 Addenda The CM shall receive from the Designer a copy of all addenda. The CM shall review addenda for clarity, consistency and coordination. By performing the reviews described herein, the CM is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project design or the content of the design documents. The CM shall also distribute a copy of all addenda to each bidder receiving documents or otherwise make such documents available to all bidders. 2.3.6 Competitive Bidding; Bid Opening Each bid package identified in Exhibit B shall be competitively bid in accordance with applicable law. The CM shall conduct bid openings and shall evaluate the bids to determine the lowest responsive and responsible bidder for each bid package. The CM shall make recommendations to the City concerning the acceptance or rejection of bids. City of Newport Beach -6- Construction 6 - Construction Management at Risk Contract _ 2.3.7 Construction Contracts At the direction of the City, the CM shall prepare, execute, and deliver the Contract Documents between the CM and the selected trade contractor(s) ("Contractor(s)") for each bid package. The CM shall enter into a contract in substantially the same form as is attached hereto as Exhibit H as the same may be amended by agreement of the City and the CM, with the successful bidder within sixty (60) days after receipt of approval of award from the City. The CM shall also issue the notices to proceed with respect to these contracts after City instructs CM in writing to proceed with said contracts. 2.3.8 Self -Performance [Not used] 2.3.9 Permits, Insurance and Labor Affidavits The CM shall take responsibility for ensuring that the Contractors have secured the required bonds, insurance, labor affidavits, and waivers. The Designer is responsible to secure the building permit. 2.3.10 Time Management (a) Pre -Bid Construction Schedule. The CM shall inform the bidders of their responsibilities regarding the pre-bid construction schedule specified in the Instructions to Bidders or Contract Documents. (b) Master Schedule. The CM shall provide a copy of the Master Schedule to the bidders. 2.3.11 Cost Management (a) Estimates for Addenda. The CM shall prepare an estimate of costs for all addenda and shall submit the estimates to the City for approval. After approval by the City, the addenda shall be transmitted to bidders and the CM's compensation shall be adjusted as provided in this Agreement. (b) Analyzing Bids. Upon receipt of bids, the CM shall evaluate the bids, including alternate prices and unit prices. 2.3.12 Management Information System (MIS) (a) Schedule Maintenance Reports. The CM shall prepare and distribute schedule maintenance reports during the Procurement Phase. The reports shall compare the actual bid and award dates to scheduled bid and award dates and shall summarize the progress of the Project. (b) Project Cost Reports. The CM shall prepare and distribute the project cost reports during the Procurement Phase. The reports shall specify the actual award prices and construction costs for the Project, compared to the Project and Construction Budget. City of Newport Beach .7 - Construction 7 - Construction Management at Risk Contract (c) Cash Flow Reports. The CM shall prepare and distribute cash flow reports during the Procurement Phase. The reports shall be based on actual award prices and construction costs for the Project. 2.4 Construction Phase 2.4.1 Pre -Construction Conference In connection with the Designer, the CM shall conduct pre -construction conferences during which the CM shall review the reporting procedures, site operations and other contractual requirements. 2.4.2 Onsite Management and Construction Phase Communication Procedures The CM shall provide and maintain a management team on the Project site to provide contract administration and the CM shall establish and implement coordination and communication procedures among the CM, City, Designer, and Contractors. 2.4.3 Inspection All Work shall be subject to inspection and/or testing in accordance with applicable law. The CM shall coordinate any such inspection and/or testing by the City, including furnishing access to the Project site and the Work. A representative of the CM shall be present for any inspection and/or testing of the Work. 2.4.4 Contract Administration Procedures The CM shall establish and implement procedures for expediting and processing requests for information, shop drawings, material and equipment sample submittals, Contractor schedule adjustments, change orders, substitutes, payment requests and the maintenance of logs. The CM shall maintain dailyjob reports. The CM shall be the party to whom requests for information, submittals, Contractor schedule adjustments, substitutes, change order requests and payment requests shall be submitted. 2.4.5 Project Site Meetings The CM shall conduct weekly meetings at the Project site with each Contractor and the CM shall conduct coordination meetings with all Contractors, the City and Designer. The CM shall record, transcribe and distribute minutes to all attendees, the City and Designer. 2.4.6 Coordination of Other Independent Consultants Technical inspection and testing provided by the City or others shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. The CM is not responsible for providing, nor does the CM control, the actual performance of technical inspection and testing. The CM is performing a coordination function and is not acting in a manner so as to assume responsibility, in part or in whole, for all or any part of such inspection and testing. 2.4.7 Cleaning Up City of Newport Beach - 8 - Construction Management at Posk Contract During the progress of the Work the CM shall direct Contractors to keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CM shall cause to have all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus materials and shall leave the site clean and ready for occupancy. The CM shall restore to original condition all property not designated for alteration by the Contract Documents. CM will not be responsible or liable for any pre-existing hazardous waste or material(s) at the site including removal thereof. 2.4.8 Review of Requests for Changes to the Contract Time and Price The CM shall review the contents of a request for changes to the construction contract time or price submitted by a Contractor, assemble information concerning the request and endeavor to determine the cause of the requests. In instances where the CM's analysis reveals that the request is valid, the CM shall prepare a detailed change order request to the City for approval. In the event that a request affects the Master Schedule, the CM shall update the Master Schedule and shall include the updated schedule in the request submitted to the City. The CM shall prepare the necessary change order documents for signing by the Contractor and City. 2.4.9 Technical Data The CM shall be entitled to rely upon the accuracy of the technical data contained in reports of explorations and tests of subsurface conditions at the site that have been used in preparation of the Contract Documents and have been furnished to the CM. Should the CM encounter (1) concealed or unknown physical conditions that differ materially from those identified in the drawings or specifications or (2) unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character being performed, the CM shall promptly, after becoming aware thereof and before performing any work in connection therewith, notify the City in writing about the condition and may in its notice request an adjustment to the Guaranteed Maximum Price and the completion date. Time extensions and adjustments to the Guaranteed Maximum Price shall be determined pursuant to Section 6.1.12. 2.4. 10 Quality Review The CM shall establish and implement a program to monitor the quality of construction. The purpose of the program shall be to guard the City against defects and deficiency in the work of the Contractor. The CM shall transmit to the Contractor a notice of nonconforming work and may reject work when it is the opinion of the CM that the work does not conform to the requirements of the Contract Documents. Except for minor variations as stated herein, the CM is not authorized as part of this service to change, evoke, enlarge, relax, alter, or to release any requirement of the Contract Documents or to approve or accept any portion of the Work not performed in accordance with the Contract Documents. 2.4.11 Uncovering Work If any Work is covered prior to acceptance by the City or prior to inspection in accordance with applicable law, the work shall, if requested by the City, be uncovered for the City's observation and then be recovered at the OM's expense. City of Newport Beach Construction Management at Risk Contract If the City otherwise considers it necessary or advisable that covered work be observed or inspected or tested by others, the CM, at the City's request, shall uncover, expose or otherwise make available for observation, inspection or testing as the City may require that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work does not conform to the requirements of the Contract Documents, the CM shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals. If, however, such work is found to conform to the contract requirements, the City shall reimburse the CM for Costs directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 2.4.12 Operation and Maintenance Materials The CM shall receive from the Contractors operation and maintenance manuals, warranties and guarantees for materials and equipment installed in the Project, in accordance with the Contract Documents. 2.4.13 Beneficial Occupancy The City retains the right to beneficially occupy all or any portion of the Work prior to final completion. Should the City exercise its right to beneficial occupancy, the CM shall coordinate access to the site to complete Work or to correct nonconforming work to minimize disruption of the City's activities. The City shall use its best efforts to prevent its beneficial occupancy from interfering with the conduct of the CM. If City's beneficial occupancy of an area (other than at the completion of a phase) results in additional costs or schedule impacts to accommodate City's use of a beneficially occupied area, a change order request will be prepared by the CM for approval by the City addressing such impacts. Upon such beneficial occupancy, all risk of damage to the premises beneficially occupied shall shift to the City, who shall secure all appropriate insurance to protect against such damage. The warranty period for the beneficially occupied portion of the Work shall commence upon the date of beneficial occupancy by the City. It is understood by the CM and the City that this Project will be delivered in the following three phases: (1) mass excavation and grading, (2) design build parking structure, and (3) the balance of the Project which includes the new Civic Center, dog park and library expansion. City agrees to release retention for each phase at the conclusion of each phase. 2.4.14 Substantial Completion In consultation with the Designer, the CM shall determine when the Project and the Contractors' Work is substantially complete. In consultation with the Designer, the CM shall, prior to issuing a Certificate of Substantial Completion, prepare a list of Work that does not conform to the Contract Documents. This list shall be attached to the Certificate of Substantial Completion. 2.4.15 Final Completion In consultation with the Designer, the CM shall determine when the Project and the Contractors' Work is finally completed and, following completion of corrections, shall issue a Certificate of Final Completion to the City. Following the receipt of payment from the City, the CM shall make all payments due to Contractors in accordance with the agreement between CM and Contractors. City of Newport Beach - to- Construction o-Construction Management at Risk Contract . 2.4.16 Time Management (a) Master Schedule. The CM shall adjust and update the Master Schedule for review and approval by the City. Upon written approval of revised Master Schedule by the City, the CM shall distribute copies to Designer. All adjustments to the Master Schedule shall be made for the benefit of the Project. (b) CM Review of Time Extension Requests. The CM shall, prior to the issuance of a change order, determine the effect on the Master Schedule of time extensions requested by the Contractor. (c) Recovery Schedules. The CM may require the Contractor to prepare and submit a recovery schedule as specified in the Contract Documents. 2.4.17 Cost Management (a) Schedule of Values (Each Contract). The CM shall, in participation with the Contractors, determine a Schedule of Values for each of the construction contracts. (b) Change Order Control. The CM shall establish and implement a change order control system. All proposed City -initiated change orders shall first be described in detail in writing by the City to the Designer and then shall be forwarded in a request for proposal to the CM, accompanied by technical drawings and specifications prepared by the Designer. In response to the request for a proposal, the CM shall submit to the City for evaluation detailed information concerning the costs and time adjustments, if any, necessary to perform the proposed change order work. The City shall review the CM's proposal, shall discuss the proposed change order with the CM and endeavor to determine the CM's basis for the cost and time to perform the Work and, as applicable, the effect, if any, on the Guaranteed Maximum Price. The CM shall prepare the change order documents for signature by the City. Upon execution of the change order documents between the CM and City, the CM shall prepare change order documents for signature by the affected Contractor. The CM shall verify that the Work, and any adjustment of time required by approved change orders has been incorporated into the Master Schedule. (c) Cost Records. In instances where a lump sum or unit price is not determined prior to performing Work, the CM shall request from the Contractor records of the cost of payroll, materials and equipment and the amount of payments to subcontractors incurred by the Contractor in performing the Work. (d) Payments. The CM shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's Work consistent with the contract. The CM shall make appropriate adjustments to each payment application and shall prepare and forward to the City a progress payment report. The report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. Included in this report shall be a certificate of payment that shall be signed by the CM and delivered to the City. The CM shall make payments that are due to all contractors under the terms of the agreement between the CM and contractors, suppliers, and material men within ten (10) days following the receipt of payment for the work from the City. City of Newport Beach - 11 - Construction Management at Risk Contract (e) Labor. As applicable, the CM, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and federal, state and local laws related to labor, including regulations regarding the payment of prevailing wages. The CM shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8 -hour day and 40 -hour week; overtime; Saturday, Sunday and holiday work; nondiscrimination because of race, religion, color, national origin, handicap, ancestry, sex or age. 2.4.18 Management Information System (MIS) . (a) Schedule Maintenance Reports. The CM shall prepare and distribute monthly schedule maintenance reports during the Construction Phase. The reports shall compare the actual construction dates to scheduled construction dates of each separate construction contract and to the Master Schedule for the Project. (b) Project Cost Reports. The CM shall prepare and distribute monthly Project cost reports during the Construction Phase. The reports shall specify actual Project and construction costs compared to the Project and Construction Budget. (c) Proiect and Construction Budget Revisions. The CM shall make recommendations to the City concerning construction changes that may result in revisions to the Project and Construction Budget or Guaranteed Maximum Price. (d) Cash Flow Reports. The CM shall prepare and distribute monthly cash flow reports during the Construction Phase. The reports shall specify actual cash flow as compared to projected cash flow. (e) Progress Payment Reports (Each Contract). The CM shall prepare and distribute the progress payment reports on a monthly basis. The reports shall state the total construction contract price, payment to date, current payment requested, retainage and actual amounts owed this period. A portion of this report shall be a certificate of payment that shall be signed by the CM and delivered to the City for use by the City in making payments to the CM. (f) Change Order Reports. The CM shall prepare and distribute change order reports on a monthly basis during the Construction Phase. The report shall list all City -approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. The report shall also include similar information for potential change orders of which the CM may be aware. (g) Contractor's Safety Program. The CM shall review the safety programs of each Contractor and confirm that each Contractor has established safety programs as required by the Contract Documents. As applicable, the CM shall ensure each Contractor is implementing and administering a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, California Code of Regulations. 2.5 Post Construction Phase 2.5.1 Record Documents City of Newport Beach - 12 _ Construction Management at Risk Contract The CM shall coordinate and expedite submittals of information from the Contractors for preparation of record drawings and specifications, and shall coordinate and expedite the transmittal of such record documents to the City. CM shall forward all paper files to Designer for incorporation into CAD files if so desired by City. All Building Information Modeling (BIM) electronic files will be transmitted to City at the conclusion of the project. 2.5.2 Organize and Index Operations and Maintenance Materials Prior to final completion of the Project the CM shall compile manufacturers' operations and maintenance manuals, warranties and guarantees and bind such documents in an organized manner. This information shall then be provided to the City. 2.5.3 Occupancy Permit The CM shall assist the City in obtaining an occupancy permit by accompanying governmental officials during inspections of the Project, preparing and submitting documentation to governmental agencies and coordinating final testing and other activities. 2.5.4 Cost Management (a) Change Orders. The CM shall continue to provide services related to change orders as specified in Section 2.4.17(b). 2.5.5 Management Information System (MIS) (a) Closeout Reports. At the conclusion of the Project, the CM shall prepare final project accounting and closeout reports. (b) MIS Reports for Move -in and Occupancy. The CM shall prepare and distribute reports associated with the Occupancy Plan. 2.6 Additional Services 2.6.1 At the request of the City, the CM shall perform the following Additional Services and shall be compensated for same as provided in Article 6 of this Agreement. The CM shall perform Additional Services only after the City and CM have executed a written amendment to this Agreement providing for such services and such amendment has been approved by the City Council. Additional Services may include: (a) Services related to investigation, appraisal, or evaluation of existing conditions, facilities, or equipment or determination of the accuracy of existing drawings or other information furnished by the City, (b) Services related to procurement, storage, maintenance and installation of City - furnished equipment, materials, supplies and furnishings; (c) Services related to determination of space needs; (d) Preparation of space programs; (e) Services related to building site investigations and analysis; City of Newport Beach -13- Construction Management at Risk Contract (f) Services for tenant or rental spaces; (g) Preparation of a Project financial feasibility study; (h) Preparation of financial, accounting or MIS reports not provided under Basic Services; (i) Performance of technical inspection or testing; Q) Services related to recruiting and training of maintenance personnel; (k) Performance of warranty inspections during the warranty period of the Project; (1) Consultation regarding replacement of work damaged by fire or other cause during construction and furnishing services in connection with the replacement of such work; (m) Preparation for and serving as a witness in connection with any public or private hearing or mediation or legal proceeding; (n) Services related to move -in including preparing and soliciting responses to requests for proposals, preparing and coordinating the execution of contracts, conducting pre - moving conferences, administering the contract for moving activities in conjunction with the move -in for the Project and providing on-site personnel to oversee the relocation of furniture and equipment by the movers while actual move -in is in progress. ARTICLE 3 DURATION OF THE CONSTRUCTION MANAGER'S SERVICES 3.1 The duration of the CM's Basic Services under this Agreement shall be one thousand sixty-seven (1067) consecutive calendar days from the commencement date. 3.2 The commencement date for the CM's Basic Services shall be March 1, 2010. 3.3 The CM's Basic Services shall be performed for the periods of time indicated in this Agreement (see exhibits). If portions of design and construction occur simultaneously, some of the phase durations may overlap. 3.4 Liquidated Damages, Consequential Damages Delays inconvenience the public and interfere with commerce. Delays also cost taxpayers and the City undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the CM agrees to pay $2,500 per day for each day the CM fails to achieve substantial completion within the time required by the Agreement, and to authorize the City to deduct these liquidated damages from any money due or coming to the CM. The liquidated damages are City's exclusive remedy against the CM for delays in reaching substantial completion. The CM and City waive claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes: (1) damages incurred by the City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (2) damages incurred by the CM for principal office expenses including the compensation of City of Newport Beach -14- Construction 14 - Construction Management at Risk Contract personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. ARTICLE 4 CHANGES IN THE CONSTRUCTION MANAGER'S BASIC SERVICES AND ADDITIONAL COMPENSATION 4.1 City Changes 4.1.1 The City, without invalidating this Agreement, may make changes in the CM's Basic Services speed in Article 2 of this Agreement. The CM shall notify the City within fifteen (15) business days of changes which increase or decrease the CM's compensation, the duration of the CM's Basic Services, or both. 4.1.2 Additional Compensation and Extended Duration The CM shall be entitled to receive additional compensation and additional time when the scope of Basic Services is increased or extended through no fault of the CM. If the scope of Basic Services is increased or the duration of the CM's Basic Services is extended or the duration of the Basic Services to be performed within a phase duration specified in Article 3 is extended, the CM shall be entitled to receive additional compensation and the duration of the Agreement shall be extended. A written request for additional compensation shall be given by the CM to the City within 30 days of the occurrence of the event giving rise to such request. The amount of additional compensation to be paid and the amount of extension of the duration of this Agreement shall be determined on the basis of the CM's labor rates and fee percentage established herein. 4.1.3 Changes in the CM's Basic Services Subject to Section 5.14, changes in the CM's Basic Services and entitlement to additional compensation shall be made by a written amendment to this Agreement executed by the City and the CM and approved as to form by the Office of the City Attorney for the City. The amendment shall be executed by the City and CM and approved as to form by the Office of the City Attorney for the City prior to the CM performing the services required by the amendment. The CM shall proceed to perform the services required by the amendment only after receiving -written notice from the City directing the CM to proceed. 4.1.4 Payment of Additional Compensation The CM shall submit invoices for additional compensation with its invoice for Basic Services and payment shall be made pursuant to the provisions of Article 6 of this Agreement. ARTICLE 5 CITY RESPONSIBILITIES 5.1 The City shall provide to the CM complete information regarding the City's requirements for the Project. 5.2 The City shall examine information submitted by the CM and shall render decisions thereto promptly. 5.3 The City shall furnish design, legal, accounting and insurance counseling services as may be necessary for the Project. city of Newport Beach -15- construction 15_construction Management at Risk contract 5.4 If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the CM. 5.5 The City shall furnish required information and approvals and perform its responsibilities and activities in a timely manner to facilitate orderly progress of the Work in cooperation with the CM, consistent with this Agreement, and in accordance with the planning and scheduling requirements and budgetary restraints of the Project as determined by the CM. 5.6 The City has retained a Designer whose services, duties and responsibilities are described in a written agreement between the City and Designer. The services, duties, and responsibilities of the Designer set out in the agreement between the City and Designer shall be compatible and consistent with this Agreement and the Contract Documents. The City shall, in its agreement with the Designer, require that the Designer perform its services in cooperation with the CM, consistent with this Agreement and in accordance with the planning, scheduling and budgetary requirements of the Project as determined by the City and documented by the CM. The terms and conditions of the agreement between the City and the Designer shall not be changed or waived without written consent of the CM, whose consent shall not be unreasonably withheld. 5.7 The City shall approve the Project and Construction Budget and any subsequent revisions in writing. 5.8 The City shall afford the CM proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment. 5.9 if the City contracts separately with any other parties, the City shall cause all such agreements to be compatible and consistent with this Agreement. Each of the agreements shall include waiver of subrogation as required herein. 5.10 The City shall in a timely manner secure, submit and pay for necessary approvals, easements, assessments, utility company fees, permits and charges required for the construction, use or occupancy of permanent structures, or for permanent changes in existing facilities. 5.11 Prior to commencement of each phase of the Project, the City shall furnish evidence satisfactory to the CM that sufficient funds are available and committed for that phase. Unless such reasonable evidence is furnished, the CM is not required to commence its services and may, if such evidence is not presented within a reasonable time, suspend the services specified in this Agreement upon fifteen (15) days written notice to the City and in such event, the CM shall be compensated in the manner provided in Section 8.2. 5.12 The City, its representatives and consultants, including the Designer and individuals performing any inspection and/or testing under Section 2.4.3, shall communicate with the Contractors only through the CM. 5.13 Except as to independent inspectors performing within the scope of their responsibilities, the City shall send to the CM and shall require the Designer to send the CM copies of all notices and communications sent to or received by the City or Designer relating to the Project. City of Newport Beach -16- Construction Management at Risk Contract 5.14 The City shall designate, in writing, an officer, employee or other authorized representatives to act in the City's behalf with respect to the Project. This representative shall have the authority to approve changes and execute documents on behalf of the City that are consistent with existing City policies and are in substantial conformance with the terms of this Agreement. This representative shall be available during working hours and as often as may be required to render decisions and furnish information in a timely manner. The City's representative is: the City Manager, or his designee. 5.15 The City shall make payments to the CM on the basis of the Contractor's payment applications that are certified by the CM and on the basis of the CM's invoices for its services performed. 5.16 The City shall provide CM with copies of all environmental documents and testing reports prepared under the California Environmental Quality Act. City of Newport Beach -17- Construction 17 - Construction Management at Risk Contract ARTICLE 6 COMPENSATION FOR CM SERVICES AND PAYMENT 6.1 Guaranteed Maximum Price 6.1.1 As of the Effective Date, the City and the CM agree that the Guaranteed Maximum Price is fourteen million, six hundred seventeen thousand and three hundred seventy-four dollars ($14,617,374), which is inclusive of the Cost of the Project as respects the bid package(s) identified in Exhibit B, the Fee for Basic Services, the Direct Expenses and the CM Fee of 3.25%. CM's Basic Services labor rates are understood and agreed to be as detailed in Exhibit A. 6.1.2 Documentation of the Guaranteed Maximum Price, attached hereto as Exhibit A and made a part hereof by reference, includes drawings, sketches, specifications, calculations and/or other data used to identify the basis of the Guaranteed Maximum Price . The Guaranteed Maximum Price includes an agreed upon contingency amount for use by the CM and is limited to the work described in the documentation attached as Exhibit A. The Guaranteed Maximum Price shall only be subject to modification pursuant to Section 6.1.9 or as otherwise defined in this Agreement. 6.1.3 The Guaranteed Maximum Price includes those taxes applicable to the Project that are legally enacted at the time the Guaranteed Maximum Price is established. Any increase or decrease in taxes that affect the Guaranteed Maximum Price and that are enacted after the Guaranteed Maximum Price is submitted shall be incorporated into that price by change order. 6.1.4 The Guaranteed Maximum Price relates only to the total Cost of the Work and not to any single line item or other specific element of the Work or cost breakdown. The Guaranteed Maximum Price shall include a Contingency. The parties acknowledge and agree that the Contingency may be used at the sole discretion of the CM to cover any costs necessary to complete the Work, including for Basic Services; however, said Contingency is not to cover any changes in the Work, including the cost of unforeseen conditions, design errors, omissions, deficiencies or defects, scope changes, or any combination thereof, all of which shall be paid from the City's separate contingency, or for costs resulting from the gross negligence or willful misconduct of the CM. The CM may access and bill against the Contingency whenever the CM's actual costs for any other line items exceeds the costs reflected in the estimate for those line items, and the City shall timely pay or reimburse CM pursuant to Section 6.2.4 for such contingency billings provided that such payment or reimbursement does not cause the Guaranteed Maximum Price to be exceeded. 6.1.5 In the same manner, whenever CM's estimate for any given line item in its overall estimate, including without limitation the line items for Basic Services, exceeds the cost to complete the Work under that line item, the CM may transfer the excess to the other line item or items and thereafter bill and be paid or reimbursed for Work performed under those line item(s), provided that such payment or reimbursement does not cause the Guaranteed Maximum Price to be exceeded. Concurrently with its applications for payment, the CM will provide the City with all documentation the City reasonably requires to identify each transfer included in the application and the effect of the transfer, if any, on the Cost of the Project. 6.1.6 Included in the Guaranteed Maximum Price (GMP) are the Allowance Items. To the extent that the actual cost of an Allowance Item shall exceed the amount of the allowance, the GMP shall be increased, dollar for dollar, in accordance with such excess over the City of Newport Beach - Construction Management at Risk Contract . allowance. To the extent that the actual cost for any Allowance Item is less than the allowance, the GMP shall likewise be decreased accordingly together with the applicable proportion of the CM Fee of 3.25°/x. In determining the CM Fee of 3.25°/x, the CM has taken into consideration the Work to be performed for Allowance Items (e.g., unloading, handling and storage at the Project, labor, installation costs, overhead, profit, etc.), and no additional charges in excess of the CM Fee of 3.25% shall be payable to the CM in relation to any Allowance Item. 6.1.7 If, upon final completion of the Project, any uncommitted funds remain with respect to the Guaranteed Maximum Price, any Contingency, the Cost of the Project, the Fee for Basic Services, and/or Direct Expenses ("Uncommitted Funds"), the City shall be entitled to retain seventy-five percent (75%) of such Uncommitted Funds and the CM shall be entitled to payment from the City for twenty-five percent (25%) of such Uncommitted Funds. 6.1.8 The City may change the scope of the Project ora part thereof and the Guaranteed Maximum Price shall then be adjusted as provided in Section 6.1.12. 6.1.9 GMP Change Orders Pursuant to Section 2.3, the CM shall request and receive bids for each bid package identified in Exhibit B and shall advise the City with respect to award of each contract to the lowest responsive and responsible bidder. As such contracts are procured and awarded, the Guaranteed Maximum Price shall be adjusted as follows: (a) Not later than thirty (30) days after issuance of a Notice of Award for each bid package, unless such time is mutually agreed to be extended, the CM shall propose a Guaranteed Maximum Price adjustment ("GMP Change Order") to reflect the increased scope of Work. The GMP Change Order shall include (1) documentation used to identify the basis of the proposed Guaranteed Maximum Price adjustment, including drawings, sketches, specifications, calculations or other relevant data and (2) the change order documents for signature by the CM and City. (b) The City Council shall approve and the City shall accept such GMP Change Order within thirty (30) days of the date of the receipt unless such time is mutually agreed to be extended. If the City does not accept the GMP Change Order within the time period herein provided, the GMP Change Order shall be deemed to have been rejected by the City, in which case the CM and the City shall promptly meet and confer in good faith as to whether the particular bid package should be re -bid or whether some agreed upon alternative course of action should be followed. (c) Upon the City's execution of the change order documents, the supporting documentation included in the GMP Change Order shall be attached hereto as Exhibit A and shall be made a part of the Contract Documents. (d) In the event the City does not accept the CM's proposed GMP Change Order or elects not to go forward with the Project, the CM shall be reimbursed in accordance with the requirements for termination as defined in Sections 8.1.1 and 8.1.3 of this Agreement. (e) It is anticipated that the following phases will be added via change order to this agreement: (1) Design Build 450 stall Parking Garage, and (2) Civic Center and Park Project City of Newport Beach -19- Construction Management at Risk Contract 6.1.10 In the event that the Cost of the Project exceeds the Guaranteed Maximum Price and any adjustments therein as may be due pursuant to the terns hereof, the CM shall continue to perform at no additional cost to the City until the Project, defined by this Agreement and all Exhibits hereto is complete. The CM shall be responsible for paying all costs, in accordance with the terms of this Agreement that may be necessary to complete the Project, even if such amounts are in aggregate in excess of the Guaranteed Maximum Price. 6.1.11 Cost of the Project The term "Cost of the Project" shall mean all amounts paid by the City to the CM for payment to all separate Contractors, suppliers and equipment lessors for all work, material, and equipment supplied to the Project including general conditions items. (a) The Cost of the Project shall not include the following: (i) The Fee for Basic Services; (ii) The CM Fee of 3.25% (iii) All professional fees paid by the City to the Designer or other consultants retained directly by the City; (iv) All costs paid directly by the City to contractors or suppliers retained directly by the City and outside the scope of the Guaranteed Maximum Price; (v) All Additional Services costs as defined herein; or (vi) All other costs not within the control of the CM or identified as being not within the Guaranteed Maximum Price. (b) The Cost of the Project may be further defined in the documentation set forth in Exhibit A. if the provisions of this Section 6.1.11 and the documentation in Exhibit A differ, then the CM shall identify and explain the difference, but the documentation provided in Exhibit A shall be the basis for determining the scope of the Guaranteed Maximum Price, 6.1.12 Other Adjustments to the Guaranteed Maximum Price The CM understands, confirms and agrees that its responsibility hereunder is to construct the Project in accordance with the drawings and specifications. The City and CM shall use the documentation specified in Exhibit A in determining whether the scope of the Project or a part thereof has been changed and in determining entitlement to an adjustment to the Guaranteed Maximum Price. A determination regarding all requests for adjustment to the Guaranteed Maximum Price shall be made in writing within thirty (30) days from the date of a written request for an adjustment, unless such time is mutually agreed to be extended . City of Newport Beach -20- Construction 20 - Construction Management at Risk Contract (a) The amount of adjustment to increase or decrease the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: By mutual acceptance of a lump sum, properly itemized and supported by cost data; or By unit prices defined and listed in Exhibit A; or (iii) If neither of the methods set forth in Sections 6.1.12(a)(i) or 6.1.12(a)(ii) is agreed upon by the City, the CM, provided it receives a written order signed by the City, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the cost records for the changed work. Choice of this method shall not restrict the City or the CM from resolving the matter pursuant to a judicial proceeding as to the justification or right of the CM to an increase in the Guaranteed Maximum Price due to such work. In such case, the CM shall keep and present in such form as may be agreeable to the City an itemized accounting together with appropriate supporting data of the actual cost of the Project. (b) If the unit prices are stated and if the quantities originally contemplated by the CM are so changed in a proposed change order or as a result of several change orders that application of the agreed unit prices to the quantities or work proposed cause substantial inequity to the City or the CM, the applicable unit prices and Guaranteed Maximum Price shall be adjusted. (c) The Designer shall have the authority to order minor changes in the Project consistent with the intent of the drawings and specifications and not involving an adjustment in the Guaranteed Maximum Price or change of the construction completion date. Such changes may be affected by written order only and shall be signed by the City and the CM prior to the work being performed. 6.2 Cost Plus Fixed Fee The City shall compensate the CM on the basis of the Cost of the Project plus the CM Fee of 3.25%, and the Direct Expenses, as follows: 6.2.1 Compensation for Basic Services The CM shall be compensated for performing the Basic Services described in Article 2 as follows: (a) A Fee for Basic Services of seven million, one hundred sixty-nine thousand and two hundred fifty-five dollars ($7,169,255); (b) The Cost of the Project plus the CM Fee of 3.25%; and (c) Subject to prior written consent by the City, the cost of independent engineers, architects and other consujtants employed by the CM and performing services related to the Project shall be subject to escalation on an annual basis using CPI. City of Newport Beach -21- Construction 21_Construction Management at Risk Contract 6.2.2 Direct Expenses (a) In addition to the compensation for Basic and Additional Services stated herein, the CM shall be reimbursed for direct expenses'for performing its Basic and Additional Services, subject to the Guaranteed Maximum Price. Direct expenses are those actual expenditures made by the CM, its principals, employees, independent engineers, architects, and other consultants in the interest of the Project, including: (i) Long distance telephone calls, telegrams and fees paid for securing the approval of authorities having jurisdiction over the Project; (ii) Handling, shipping, mailing and reproduction of materials and documents; (iii) Subject to the reasonable approval by the City, transportation and lodging expenses when traveling in connection with the Project; (iv) Computer equipment expenses, including rental of electronic data processing or word processing equipment, electronic data processing services, computer software and internal IT support fees; (v) Premiums for insurance beyond the limits normally carried by the CM that are required by the terms of this Agreement. The cost of liability insurance (0.91%) and CM's labor rates are understood and agreed to be the amounts set forth in Exhibit A attached herein; (v(I) Gross receipts taxes, sales or use taxes, or services taxes required to be paid as a result of this Agreement; (vii) Field office expenses including the cost of office rentals, field telephones, utilities, field office furniture, equipment and supplies; (viii) Premium time, overtime and shift work directed to be performed by the City; and (xii) Other items as may be itemized in CM's Basic Services per Exhibit A. (b) Bond premiums. 6.2.3 Construction Manager's Accounting Records Records for the CM's personnel expenses, independent engineer's, architect's and other consultant's fees and direct expenses pertaining to the Project shall be maintained on the basis of generally accepted accounting practices and shall be available for inspection by the City or the City's representative at mutually convenient times for a period of three years after completion of the CM's Basic Services. . 6.2.4 Payments. Payments to the CM shall be made monthly, not later than thirty (30) days after presentation of the CM's invoice to the City as follows: City of Newport Beach -22- Construction 22 - Construction Management at Risk Contract (a) Payment of the Fee for Basic Services as indicated in Section 6.2.1(a) shall be equal to the percentage complete of the Project, provided that CM shall be entitled to payment to cover mobilization costs at the beginning of the Project, subject to approval by the City. (b) Payment of the Cost of the Project and the CM Fee of 3.25% shall be based on mutually agreed percentage complete for each line item in the Schedule of Values contained in the Application for Payment; (c) All Applications for Payment by CM shall contain and reflect a deduction for retainage equal to ten percent (10%) of the Cost of the Work. No retention shall be withheld for CM's Basic Services, Direct Expenses, or CM fee. As the Project has multiple phases, upon the satisfactory completion of each phase (i.e., Mass Excavation, Parking Structure, and Civic Center and Park), which includes fully completing the work, delivery of all plans, manuals guarantees and other similar documents, and their work has been accepted by City, CM and Designer, City shall within 60 days release all retention monies withheld from Contractors for the phase. (d) Reimbursement for direct expenses shall be in amounts equal to expenditures made during the billing period and during previous billing periods not yet invoiced; (e) Pursuant to Section 20104.5 of the Public Contract Code, payments due to the CM that are unpaid for more than thirty (30) days from the date of the CM's invoice shall bear interest at the annual rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 6.2.5 Compensation for Additional Services The CM shall be compensated and payments shall be made for performing Additional Services in the same amount and manner as provided in Article, 6 for Basic Services. There shall be an increase in the CM fee set out in Section 6.2.1(b) in the amount of 5% of the Cost of the Work plus the direct cost of any additional Basic Services required to perform the Additional Service. Pursuant to Section 2.6, the CM shall not be compensated for Additional Services without written authorization by the City. 6.3 Adjustments to the CM's Compensation The CM shall promptly notify the City when changes to the scope of the Project or a part thereof or when delays caused in whole or in part by the City or Designer increase or extend the scope or duration of the CM's Basic Services. The CM shall be entitled to receive additional compensation and an increase in the duration of this Agreement pursuant to the provision of Article 4 and consistent with the provisions of Article 6 of this Agreement. Pursuant to Section 7102 of the Public Contract Code, the CM shall be compensated for damages incurred due to delays for which the City is responsible. ARTICLE 7 INSURANCE AND MUTUAL INDEMNITY 7.1 Insurance Without limiting the CM's indemnification of the City, and prior to commencement of work, the CM shall obtain, provide and maintain as a cost of the work during the term of the Agreement, a City of Newport Beach -23- Construction 23_Construction Management at Risk Contract policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to the City. It is understood and agreed that the cost of such liability insurance cost shall be deemed to be 0.91% of the total of the Cost of the Work and Basic Services. 7.1.1 Certificates of Insurance The CM shall provide original certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement The CM shall procure and maintain for the duration of the Agreement 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 the CM, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CM's bid. 7.1.2 Signature A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 7.1.3 Acceptable Insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City s Risk Manager. 7.1.4 Coverage Requirements. (a) Workers' Compensation Coverage. The CM shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, the CM shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against the City, its officers, agents, employees and volunteers for losses arising from work performed by the CM for the City. (b) General Liability Coverage. The CM shall maintain commercial general liability insurance in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be City of Newport Beach -24- Construction 24 - Construction Management at Risk Contract performed under the Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. (c) Automobile Liability Coverage. The CM shall maintain automobile insurance covering bodily injury and property damage for all activities of the CM arising out of or in connection with work to be performed under the Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each occurrence. 7.1.5 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the CM shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.1.6 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverages (i) The City, its elected or appointed 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 the CM, including the insured's general supervision of the CM; products and completed operations of the CM; premises owned, occupied or used by the CM; or automobiles owned, leased, hired or borrowed by the CM. The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected or appointed officers, officials, employees, agents or volunteers. (ii) The CM's insurance coverage shall be primary insurance and/or primary source of recovery as respects the City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the CM's operations or services provided to the City. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the CM'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 the City, its officers, agents, officials, employees and volunteers. (iv) The CM'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 Agreement. City of Newport Beach -25- construction 25 -construction Management at Risk Contrail (vi) The insurer shall agree to waive all rights of subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by the CM for the City. (b) All Coverages (i) 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 the City. (ii) Timely Notice of Claims. The CM shall give the City prompt and timely notice of any claim made or suit instituted arising out of or resulting from the CM's performance under this agreement. (iii) All of the executed documents referenced in this Agreement 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. 7.1.7 Force Majeure Pursuant to Public Contract Code Section 7105, the CM shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by force majeure events, including but not limited to acts of the public enemy, acts or failures to act of other agencies, in either their sovereign or contractual capacity, voter initiatives, legal actions, changes in law, fires, floods, seismic activity, labor disputes, freight embargoes, unusually severe weather and actions or failures to act by the City or the City's separate contractors. In every case, the failure to perform must be beyond the control and without the fault or negligence of the CM. . 7.2 Notices and Recovery The City and CM each shall provide the other with copies of all policies thus obtained for the Project. Each party shall provide the other with sixty (60) days notice of cancellation, non- renewal or endorsement reducing or restricting coverage. 7.3 Indemnity 7.3.1 To the fullest extent permitted by law, CM shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or,CM's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or City of Newport Beach - 2s - Construcuon Management at Risk Contract omissions of CM, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require CM to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties or from any cliam relating to the City's failure to pay any undisputed payments. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CM.. 7.3.2 The City shall cause the Designer to indemnify and hold harmless the City, its employees, agents and representatives to the same extent and in the same manner that CM has provided indemnification for the City under Section 7.3.1. 7.3.3 The City hereby indemnifies and holds harmless the CM and its employees, agents and representatives from and against any and all claims, demands, suits and damages for bodily injury and property damage for which the City is liable that arise out of or result from breach of this Agreement or negligent acts or omissions of the City, its employees, agents, representatives, independent contractors, suppliers, and the Designer. 7.3.4 The CM shall cause the Contractor to indemnify and hold harmless the City, CM and Designer from and against any and all claims, demands, suits, damages, including damages resulting from personal injury or property damage, costs, and expenses and fees that are asserted against the City, CM and the Designer and that arise out of or result from negligent acts or omissions or the breach of the contract by the Contractor, its employees, agents and representatives in performing the Work. 7.3.5 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 Agreement, except to the extent provided for in Section 7.3.1, above. 7.3.6 The rights and obligations set forth in this Article shall survive the termination of this Agreement. 7.4 Builder`s Risk Insurance The City shall purchase and maintain at all times during the performance of any Work by the Contractor hereunder, at City's expense, a builders risk insurance policy upon the Work and materials, tools and equipment used in connection with the Work with all coverage normally contained therein, including, but not limited to, fire, natural causes (other than earthquake and flood), and extended coverage, theft, vandalism, malicious mischief, temporary storage, and transit to and from the job site of materials acquired for incorporation into the Work, in an amount equal to one hundred percent (100%) of the full replacement value thereof, and shall cover reasonable compensation for Designer's and Contractor's services and expenses required as a result of such insured loss. The builder's risk policy shall name the Contractor and its subcontractors and sub -subcontractors and material suppliers as additional insureds to the extent of their interest in property covered under the policy. The City shall be responsible for the payment of any deductibles under such builders risk policy. Such City of Newport Beach .27 - Construction Z7.Construction Management at Risk Contract property insurance shall be maintained until substantial completion or certificate of occupancy, whichever is earlier. At its option, the City may include coverage for earthquake and/or flood, with such coverage limits (which may be lower than the other builders risk limits) and exclusions. 7.4.1 Perils and Property Insured Coverage shall apply to the Work, any faisework, temporary buildings (but not trailers), and property or materials to be included in the Work, inclusive of while at temporary locations away from the jobsite or in transit on land in the United States or its navigable waters, but not including tools, machinery, equipment, trailers and sheds belonging to the Contractor, Subcontractors or Sub -subcontractors. Coverage for debris removal including demolition occasioned by enforcement of any applicable legal requirements shall be included. 7.4.2 Deductibles - [Not Used] 7.4.3 Copies of Required Insurances Certificates of Insurance and copies of policies, as evidence of the insurance required by this agreement, shall be furnished by the City to Contractor before any work hereunder is commenced by or on behalf of the City. The Certificates of Insurance shall provide that there will be no cancellation without thirty (30) days prior written notice (except ten (10) days for non- payment of premium) by registered mail to Contractor and Designer. 7.4.4 List of Additional Insureds The CM, Contractors and lower tier subcontractors of any tier shall be named as additional insureds. 7.4.5 if the City does not intend to purchase such property insurance required by this Agreement and with all of the coverages in the amount described above, the City shall so inform the CM in writing prior to commencement of the Work. The CM may then affect such insurance, and by appropriate Change Order the cost thereof shall be charged to the City. If the CM is damaged by the failure or neglect of the City to purchase or maintain the Builder's Risk insurance required by this Agreement, then the City shall bear all reasonable costs properly attributable thereto. 7.4.6 Partial or beneficial occupancy or use in accordance with Section 2.4.13 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The City shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 7.4.7 Boiler and Machinery Insurance City of Newport Beach -28- Construction 28 - Construction Management at Risk Contract _ The City shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the City, this insurance shall include interests of the City, CM, Contractors and Subcontractors in the Work. The City shall be the named insured and CM, Contractors and Subcontractors shall be additional insureds. 7.4.8 Loss of Use Insurance - The City, at the City's option, may purchase and maintain such insurance as will insure the City against loss of use of the City's property due to fire or other hazards, however caused. The City waives all rights of action against the CM for loss of use of the City's property, including consequential losses due to fire or other hazards however caused. 7.4.8 if the CM requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the City shall, if possible and if the premiums are reasonable, include such insurance, and the cost thereof shall be charged as agreed by City and CM. 7.4.10 If during the Project construction period the City insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the City waives its rights of subrogation against the CM and Contractors for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 7.4.11 Waivers of Subrogation The City and CM waive all rights against (1) each other and any of their Contractors, agents and employees, each of the other, and (2) the Designer, Designer's consultants, separate contractors for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 7.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the City as fiduciary. The City or the CM, as appropriate, shall require of the Designer, Designer's consultants, separate contractors, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 7.4.12 A loss insured under City's property insurance shall be adjusted by the City as fiduciary and made payable to the City as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The CM shall pay Contractors their just shares of insurance proceeds received by the CM, and by appropriate agreements, written where legally required for validity, shall require Contractors to make payments to their Subcontractors in similar manner. City of Newport Beach .29 - Construction 2gConstruction Management at Risk Contract 7.4.13 The CM as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the City's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Article 9. ARTICLE 8 TERMINATION AND SUSPENSION 8.1 Termination 8.1.1 This Agreement maybe terminated by the City for convenience after seven (7) days written notice to the CM. 8.1.2 This Agreement may be terminated by either party hereto upon seven (7) days written notice should the other party fail substantially to perform in accordance with the terms hereof through no fault of the terminating party or if the Project in whole or substantial part is stopped for a period of sixty (60) days under an order of any court or other public authority having jurisdiction or as a result of an act of government. 8.1.3 In the event of termination pursuant to Section 8.1.1, the CM shall be paid its compensation for services performed to the date of termination, services of professional consultants then due, direct expenses and all termination expenses. Termination expenses are defined as those expenses arising prior, during and subsequent to termination that are directly attributable to the termination, plus an amount equaling twenty (20) percent of the unearned CM Fee of 3.25%. 8.1.4 In the event of termination pursuant to Section 8.1.2, the CM shall be paid its compensation for services performed to the date of termination, services of professional consultants then due, direct expenses and all termination expenses. No amount computed as provided in Sections 8.1.3 shall be paid in addition, K the termination is due to the CM's failure to substantially perform in accordance with the terms of this Agreement. 8.2 Suspension 8.2.1 The City may order, in writing, the CM to suspend all or any part of the CM's services for the Project for the convenience of the City or for work stoppage beyond the control of the City or the CM. If the performance of all or any part of the services for the Project is suspended, an adjustment in the CM's compensation shall be made for the increase, if any, in the cost of the CM's performance of this Agreement caused by such suspension and this Agreement shall be modified in writing accordingly. 8.2.2 In the event the CM's services on the Project are suspended, the City shall reimburse the CM for all of the costs of its construction site staff, assigned Project home office staff and other costs provided for by this Agreement for the first thirty (30) days of such suspension. The CM shall reduce the size of such staff for the remainder of the suspension period as directed by the City and during such period, the City shall reimburse the CM for all costs of reduced staff. Upon cessation of the suspension, the CM shall restore the construction site and home office staff to its former size. 8.2.3 Persons assigned to another project during such suspension or period and not available to return to this Project upon cessation of the suspension shall be replaced. City of Newport Beach - 30 - Construcdon Management at Risk Contrail 8.2.4 If the Project is suspended by the City for more than three (3) months, the CM shalt be paid compensation for services performed prior to receipt of written notice from the City of such suspension, together with direct expenses then due and all expenses and costs directly resulting from such suspension. If the Project is resumed after being suspended for more than six (6) month, the CM shall have the option of requiring that its compensation, including rates and fees, be renegotiated. Subject to the provisions of this Agreement relating to termination, a delay or suspension of the Project does not void this Agreement. ARTICLE 9 DISPUTE RESOLUTION All claims, disputes or controversies between the City and the CM arising out of, or relating to the Agreement, the Project, the Work, the Contract Documents or the breach thereof will, if the parties cannot resolve their differences, be resolved by mediation in accordance with the provisions set forth below in Section 9.1. 9.1 Mediation In the event the parties are unable to resolve a dispute, and as a prerequisite to filing a claim under the provisions of Government Code Section 900 et seq., either party may submit a notice of mediation to the other party. All matters submitted to mediation shall be administered in accordance with the Construction Industry Mediation Rules of the American Arbitration Association unless the parties mutually agree otherwise. The mediator shall be experienced in the subject matter of the dispute, as agreed upon by the City and the CM. If the City and the CM are unable to agree upon a mediator, then one shall be selected by the American Arbitration Association. The expenses and fees of the mediation and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. The intent of this provision is that in the event the parties cannot resolve an issue, they participate in good faith mediation in an effort to efficiently resolve disputes. 9.2 Claims If the parties are unable to resolve the dispute by mediation, either party may file a claim in the Orange County Superior Court, provided that such action is taken within six months from the date of the conclusion of the mediation. By entering into this Agreement, the CM warrants and agrees that the substantive laws of the State shall govern all Agreement disputes. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Confidentiality Subject to the California Public Records Act (Government Code Sections 6250 — 6270) and any lawful court order, the CM will keep all information designated and marked by the City as "Confidential" and concerning the Project confidential, except for communications incident to completion of the Project between the CM, Designer, and Contractor, and their independent professional engineers, architects and other consultants and subcontractors, and except for publicity approved by the City and communications in connection with filings with governmental bodies having jurisdiction over the design or construction of the Project. City of Newport Beach -31- Construction 31Construction Management at Risk Contract 10.2 Limitation and Assignment The City and the CM each bind itself, its successors, assigns, insurers, and legal representatives to the terms of this Agreement. Neither the City nor the CM shall assign or transfer its rights or interest in this Agreement without the written consent of the other, which consent shall be given in each party's sole and absolute discretion. However, nothing contained in this Section 10.2 can prevent the CM from employing contractors or such consultants, associates or subcontractors as the CM may deem appropriate to assist in performance of the services and of the Work hereunder. The City and the CM agree to comply with Section 7103.5 of the Public Contract Code, which states "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 10.3 Governing Law Unless otherwise provided, this Agreement shall be governed by the law of the State of California. 10.4 Venue The venue of any judicial proceeding under this Agreement shall be Orange County, California. 10.5 Extent of Agreement This Agreement represents the entire and integrated agreement between the City and the CM and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument signed by both the City and the CM. Nothing contained in this Agreement is intended to benefit any third party. The Contractors and Designer are not intended third party beneficiaries of this Agreement. 10.6 Severability If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provision. 10.7 Meaning of Terms City of Newport Beach - 32 - Construction Management at Risk Contract References made in the singular shall include the plural and the masculine shall include the feminine or neuter. 10.8 Notices Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered or sent by registered or certified mail, postage prepaid, addressed as follows: To the Citv: City of Newport Beach Public Works Department P.Ci Box 1768 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen G. Badum (949)644-0000 With a copy to: City of Newport Beach City Clerk P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Leilani Brown To the CM: C.W. Driver 468 North Rosemead Boulevard Pasadena, CA 91107 Attention: Dana Roberts (626)351-8800 [Signatures to follow on next page.] City of Newport Beach -33- Construction 33 - Construction Management at. Risk Contract IN WITNESS WHEREOF, this Agreement has been executed as of the last date set forth next to the signatures of the parties, below. ATTEST Leilani Brown CITY CLERK Approved as to forr : B: eonie Mulvihill Acting City Attorney City of Newport Beach Construction Management at Risk Contract CITY OF NEWPORT BEACH A Municipal Corporation By - Mayor Date: C.W. DRIVER INC. A California Corporation By: Dana Roberts President Date: By: Insert Name Financial Officer Date: -34- G.W. Driver BUILDERS SINCE 1919 April 21, 2010 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 EXHIBIT A Re: Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Mass Excavation and Shoring Construction Phase 1 C.W. Driver Project Basic Services Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5100 C. W. Driver is pleased to submit our Guaranteed Maximum Price Proposal (GMP) for: a) The Mass Excavation and Shoring Phase of the Newport Beach Civic Center and Park Project b) C.W. Driver's Basic Services for the Newport Beach Civic Center and Park Project for on- site project staff and support facilities for all project construction phases as per current scope of work identified in the 100% DD set of design documents prepared by the architect, Bohlin, Cywinski, Jackson (Bq) dated February 18, 2010 and per CW. Driver's attached construction schedule and For added clarification and detail of our proposed services, please see attached documents. C.W. Driver is very excited about the opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. The Total Phase I Proposal for these services is as follows: Imo, Description C.W. Driver Basic Services for Civic Center & Park Project GMP 7,169,255 II Mass Excavation and Shoring Construction Phase GMP* 6,726,574 Subtotal 13,895, III General Liability Insurance (0.917.) 126,453 IV Direct Expenses Allowance for Project Bond (1.0%) 138,959 V Construction Management Fee (3.25%) 456,133 TOTAL PHASE 1 $14,617 T mewaes L.ontractor construction contingency Los Angeles Irvine Ontario San Diego Page 1 of 3 1-01 License No. 102 L9 577/ Mass Excavation Construction Phase The GMP for this work is based upon the scope of work identified in the Mass Excavation Bid Set of Drawings by Bohlin, Cywinski, Jackson (Bq) dated March 17, 2010 including their Addendum # I for this package issued on March 31, 2010. (Please see attached drawing list.) C.W. Driver's Project Basic Services C.W. Driver's Basic Services Proposal of $7,169,255 is a Guaranteed Maximum Price (GMP) for Basic Services labor and support services through the completion of the construction of the Newport Beach Civic Center Project as per CWD's attached construction schedule and for the scope of work identified in BCJ's 100% Design Development Set of Project Documents and Specifications dated February 18, 2010. Please see the attached C.W. Driver attachments for a detailed breakdown of the services included in this proposal. Basic Services Labor = $5,648,095 Basic Support Services = $1.521.160 Subtotal CWD Basic Services* _ $7,169,255 *Excludes Project Liability Insurance and Project Fee. Please see breakdown on the front of this proposal for these costs. Exclusions: a. Program Management and Preconstruction Services. (See separate CWD Proposal) b. Monthly Site Utility Consumption Including Site Offices (installation excepted) c. Project Night Watchman d. Materials and Soils Testing and Inspection e. Shuttle Services for Trades and Temporary Parking expenses f. Owner Scope Changes g. Unknown Subsurface Conditions h. Building Permit Fees i. Utility Company and Connection Fees j. Subsequent Construction Phases and Scope of Work not Addressed by the Mass Excavation Design Package k. Three Upper Most Concrete Retaining Walls at the North Park (only lower wall included) I. Temporary Access Roads for Emergency Use Vehicles Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Sincerely, Bruce Curry Project Executive Page 2 of LICENSE No. III C: Darren Mann, CWD Andy Feth, CWD Robert Shafer, CWD William Hahn, CWD Attachments: b Mass Excavation Drawing List b Mass Excavation Phase t Trade Package Summary b Basic Services GCM List v Basic Services Labor Matrix b Construction Schedule b Project Rate Sheet Page of LICENSE Nn. 102 EXHIBIT "A" BULLETIN #1 CONTRACT DOCUMENT LISTING NEWPORT BEACH CITY HALL AND PARK PROJECT APRIL 7`�, 2010 VERSION 1.1 THE LISTING BELOW COMPRISES ALL OF THE DOCUMENTS INCLUDED UNDER THIS CONTRACT. UNLESS OTHERWISE NOTED, ALL DOCUMENTS ARE AS PREPARED BY BOHLIN, CYWINSKI, JACKSON. DRAWINGS ORIGINAL LATEST ITEM # SHEET PREPARED BY ISSUE DATE REV DATE 001 CSI Bohlin, Cywinski, Jackson 3/31/2010 002 MX01.01 ARUP 3/17/2010 003 MX01.02 ARUP 3/17/2010 004 MXOI.03 ARUP 3/17/2010 005 04 of 38 Hall & Foreman, Inc. 9/2312009 006 05 of 38 Hall & Foreman, Inc. 8/27/2009 007 06 of 38 Hall & Foreman, Inc. 8/27/2009 008 07 of 38 Hall & Foreman, Inc. 8/27/2009 009 08 of 38 Hall & Foreman, Inc. 8/27/2009 010 MX03.01 ARUP 3/17/2010 011 MX03.02 ARUP 3!17/2010 012 MX03.03 ARUP 3/17/2010 012 MX03.03 ARUP 3/31/2010 013 MX03.04 ARUP 3/17/2010 OI4 MX04.01 ARUP 3/17/2010 015 MX04.02 ARUP 4/6/2010 016 MX04.03 ARUP 4/6/2010 017 MX04.04 ARUP 3/17/2010 018 MX04.05 ARUP 3/17/2010 019 MX04.06 ARUP 3/17/2010 020 MX04.07 ARUP 3/17/2010 021 MX04.08 ARUP 3/17/2010 022 MX04.09 ARUP 3/1712010 023 MX04.10 ARUP 3/17/2010 024 MX05.0I ARUP 3/1712010 025 MX06.01 ARUP 3/31/2010 026 MX06.02 ARUP 3/31/2010 027 MX06.03 ARUP 3/31/2010 028 MX06.04 ARUP 3/1712010 029 MX06.05 ARUP 3/17/2010 030 MX06.06 ARUP 1311712010 EXHIBIT "A" BULLETIN #1 CONTRACT DOCUMENT LISTING PAGE 2 OF 2 ITEM # SHEET PREPARED BY ORIGINAL LATEST ISSUE DATE REV DATE 031 1 MX06.07 ARUP 3/17/2010 032 MX06.08 ARUP 3/31/2010 033 MX06.09 ARUP 3/31/2010 034 MX06.10 ARUP 3/31/2010 035 MX06.11 ARUP 3/17/2010 036 MX06.12 ARUP 3/17/2010 037 MX06.13 ARUP 3/17/2010 038 MX06.14 ARUP 3/17/2010 039 MX06.15 ARUP 3/17/2010 040 MX06.16 ARUP 3/17/2010 041 MX06.17 ARUP 3/17/2010 042 MX07.01 ARUP 3/17/2010 043 MX07.02 ARUP 3/17/2010 044 MX07.03 ARUP 3/17/2010 045 MX07.04 ARUP 3/17/2010 046 MX07.05 ARUP 3/17/2010 047 MX07.06 ARUP 3/17/2010 048 MX07.07 ARUP 3/17/2010 049 MX07.08 ARUP 3/17/2010 050 MX08.01 ARUP 3/17/2010 051 MX08.02 ARUP 3/17/2010 052 MX08.03 ARUP 3/17/2010 053 MX08.04 ARUP 3/17/2010 054 MX08.05 ARUP 3/17/2010 055 MX08.06 ARUP 3/17/2010 SPECIFICATION MANUAL Project Specification Manual prepared by Bohlin, Cywinski, Jackson dated March 17, 2010 entitled Mass Excavations Bid Set divisions I through 3 inclusive. SOILS REPORT Soils Report prepared by Leigton Consulting, Inc dated April 2, 2010 entitled Geotechnical Engineering Exploration Report for the Newport Beach Civic Center and Park, City of Newport Beach, California. BULLETIN Bulletin Prepared by Bohlin, Cywinski, Jackson as follows: Bulletin Number #I dated March 31, 2010 CNV Driver BUILDERS SINCE 4911) Mass Excavation C. W. DRIVER Budget Summary 04/19/10 EXHIBIT - A Printed: 20 -Apr -10 Newport Beach Civic Center and Park Date Prepared: 20 -Apr -10 Newport Beach, CA Estimate No.: #87101 Square Feet 122,295 Months On -Site: 25.0 Includes Addenda: NIA Estimator. RDs, Temp. Barricades & Chain link Fencing RG,BF,TF,VR * Spec No Seq Description Notes Mass Ex Percent Cost per Sqft Of 7300 6 Surveying 99,100 01 5000 7 Site Specific Requirements 66,380 OI 5000 8 Temp. Barricades & Chain link Fencing 84,866 01 5000 10 Temp Facilities and Controls 41,330 11 Construction & Final Clean -Up 26,004 0241 13 13 Selective Structure Demolition incl in earthwork Of 74 19 14 Construction waste management and disposal 2,849 31 0000 15 Site Preparation/ Earthwork 3,366,992 16 Temp Dewatering 12,387 31 50 10 17 Earth Shores & Underpin 1,711,799 31 2500 19 Erosion Control 34,166 32 12 16 20 Asphaltic Paving 15,207 0333 13 23 Site Wails 140,265 3341 00 30 Drainage 234,947 0661 00 32 Wrought Iron / RFP Fencing 23596 03 37 13 37 Gunite & Shotcrete incl in earth shoring 0711 16 50 Waterproofing 363,795 01 3233 109 Time Lapse Photography 4,627 END CSI US 116 End Csi Listing ung 0(s. -D. Nul Fime'+a* SUBTOTAL 6,228,309 XTR-01000-P 117 Construction Contingency 8.00% 498,265 Total Estimate 6,726,574 PAGE 1 MI UI�I0INI^I�I c — 0 C O C O •a O M w = 0 0 0 0 0 0 D u J v O E d b Y o 3 O O � O O O I O I — CO 0 O 0 O 0 O 0 O 0 O O W o 0 o vi o c� G C O O O O O oL O O O O O a C 0 0 0 0 x J W C D i+ C c u u u a) D E m c E N 0 0 0 0 0 ((j Vi Ovi C C O � 3 m n. � c C � O c c U U U N > U c d C) N a O t 00- n s 3 >> c w o Z .0 w 0 'Fr N t CC ti d D IL S N lL IL U IE: m- I 0 0 0 0 0 0 0 0 0 0 0 0 On O Iq N b v1 = ry" — 8 0 0 0 0 0 0 0 0 6 6 6 0 0 0 0 0 0 Y Y Y Y E y E E E E 0 0 0 0 0 0 h. — Leim m m cJ M M M — L d p S O H d c 3 o E o O a Fes- 2 aG tC lag G I 19MIN c C O C O O O M w O E E b Y o 3 O O 1 O O O I O I — O L i C G O E C me JL C IR C �K-ter Ic- �I E E L V E .0 u E Y E N E L w L a 0 0 Q L 0 0 0 of ut p ut c .1 O uJ C 7 � C U m t tf y C O d CL CL ca a� U` a m Coc Coo m C c U C> U U e U 0 a m m � m E � � N - a n. L = N > G zo a U U d E C me JL C IR C �K-ter Ic- �I E E L V E L w u E Y E N E L w L a 0 0 0 0 0 0 0 of ut v) ut ul r+f O a` L m a E a U X U0 I III ir: lololn 0000m L•�l c O — v u d o 3 O H o x U_ Q N U u J o d O y tV CL O b H CY a a �4Ng�Q W o d v o > O L rC L O � Q O � O J x LIJ � C G as C O O CL a0a O � d a , ya `a a� �N C c CoO cc U U U � U c m m 0 LO N O as U N > C O u y o a H 0 V W III ir: lololn 0000m L•�l M O M v u d 3 H o x U_ Q N U o O tV O b a a �4Ng�Q d v > > O M O M v i � R Y 6 ,� e1S y 2 � v # o' i U a a � y m m""��° 6 o"+ a 3 a d Z x W Exhibit "A" April 21, 2010 PROFESSIONAL SERVICES RATE SCHEDULE VW01-115VINi[9 ACCOUNTING -Regular Time 59.80 63.39 67.19 71.22 ACCOUNTING - Overtime Time 86.71 91.91 97.43 103.27 ASSISTANT ESTIMATOR 70.20 74.41 78.88 83.61 ASSISTANT PROJECT MANAGER 83.20 88.19 93.48 99.09 ASSISTANT SUPERINTENDENT 78.00 8268 87.64 92.90 BIM MANAGER 97.50 10335 109.55 116.12 CARPENTER - Regular Time 61.23 64.90 68.80 72.93 CARPENTER - Overtime 84.18 89.23 94.58 100.26 CARPENTER - Premium Time 108.66 115.18 122.09 129.42 CARPENTER FOREMAN - Regular Time 64.78 68.67 72.79 77.15 CARPENTER FOREMAN - Overtime 89.87 95.26 100.98 107.04 CARPENTER FOREMAN - Premium Time 114.52 121.39 128.67 136.40 CHIEF ESTIMATOR 193.70 205.32 217.64 230.70 CLERICAL -Regular Time 62.40 66.14 70.11 74.32 CLERICAL - OvertimeTime 81,12 85.99 91.15 96.62 CONSTRUCTABLITY REVIEWER 104.00 110.24 116.85 123.87 ESTIMATOR! COST ENGINEER 101.40 107.48 113.93 120.77 FIELD SUPERINTENDENT 110.50 117.13 124.16 131.61 GENERAL SUPERINTENDENT 189.80 201.19 213.26 226.05 IT SUPPORT 80.60 85.44 90.56 96.00 LABORER -Regular Time 48.93 51.87 54.98 58.28 LABORER - Overtime 64.98 68.88 73.01 77.39 LABORER - Premium Time 81.26 86.14 91.30 96.78 LABORER FOREMAN - Regular Time 51.77 54.88 58.17 61.66 LABORER FOREMAN - Overtime 68.94 73.08 77.46 82.11 LABORER FOREMAN - Premium Time 73.87 78.30 83.00 87.98 PROJECT COORDINATOR - Regular Time 63.70 67.52 71.57 75.87 PROJECT COORDINATOR- Overtime 92.37 97.91 103.78 110.01 PROJECT ENGINEER 75.40 79.92 84.72 89.80 PROJECT EXECUTIVE 201.50 213.59 226.41 239.99 PROJECT f PROGRAM MANAGER 13130 139.18 147.53 156.38 QUALITY CONTROL MANAGER 110.50 117.13 124.16 131.61 SAFETY MANAGER 114.40 121.26 128.54 136.25 SCHEDULER 124.80 132.29 140.23 148.64 SENIOR ESTIMATOR 127.40 135.04 143.15 151.74 SENIOR PROJECT ENGINEER 78.00 8268 87.64 92.90 SENIOR PROJECT / PROGRAM MANAGER 139.10 147.45 156.29 165.67 SENIOR SUPERINTENDENT 135.20 143.31 151.91 161.03 TRUCKING / DELIVERIES M m Ra g 66.30 70.28 74.49 78.96 Management Rates Includeall wages, workers compernaU Msunn® costs, fringe benefice and payrol taxes, I Above rtes apply to star lard workweek hours.Addhi.nal overtime vests will apply m hourly employees. The above rates will be charged indudingan increase of 6%per year in subsequent cakMar yon beyond the calendar yeah shown. Reimburpeatile Expensoc Reimbursrble expenses vM be reimbursed at rate of cost plus 325X Typical reimbursement costs consist of the following Travel and wbsistemc mileage, Additional Program Management Services not allusive of this Agreement. Outilde ConwltoM prind%msts, posgge and mail delivery charges. Permits and Peet. Testing and Impecdons, Payment and Perforsmnce Bonds EXHIBIT B Designation of Bid Packages The Project shall consist of the bid packages set forth in this Exhibit E. Each package shall be procured in accordance with Section 2.3. The CM, by signing this designation, certifies that bid packages set forth below constitute the Project as described in Section 1.3. Use additional sheets if needed. Bid Description of Bid Package % of Package Project No. Construction Manager Authorized Signature[Titie City of Newport Beach -36- DRAFT Construction Management at Risk Contract Exhibit B EXHIBIT C Non -Collusion Affidavit State of California ) ) ss. County of ) being first duly swom, deposes and says that he or she is Of the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Construction Manager Authorized Signature/Title Subscribed and swom to (or affirmed) before me on this day of , 2010 by , 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. [SEAL] Notary Public My Commission Expires: City of Newport Beach -37- DRAFT Construction Management at Risk Contract _ Exhibit D Designation of Sureties Construction Manager:. Provide the names, addresses, and phone numbers for all brokers and sureties from whom the Construction Manager intends to procure insurance and bonds (list by insuranoe/bond type): City of Newport Beach .38- DRAFT Construction Management at Risk Contract Exhibit D EXHIBIT E Construction Manager's Industrial Safety Record Construction Manager: 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. City of Newport Beach -39- DRAFT Construction Management at Risk Contract Exhibit E Current Record Record Record Record Record Total Year of for for for for for Record 2009 2008 2007 2006 2005 2010 No. of contracts Total dollar Amount of Contracts (in Thousands of $) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to 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. City of Newport Beach -39- DRAFT Construction Management at Risk Contract Exhibit E EXHIBIT F Faithful Performance Bond The premium charges on this Bond is $ being at the rate of $ thousand of the [insert applicable price]. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal", a contract for construction of [Insert name of Project], Contract No. XXXX 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. XXXX and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and 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 (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United States of America, said sum being [equal to 100% of the cost of construction for the Project]; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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. City of Newport Beach -40- DRAFT . Construction Management at Risk Contract Exhibit F 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 day of , 2010. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized SignaturefFitle Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED City of Newport Beach -41- DRAFT Construction Management at Risk Contract _ Exhibit F ACKNOWLEDGMENT State of California County of } ss. before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of } ss. SEAL before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L�yT1 -City of Newport Beach -42- DRAFT Construction Management at Risk Contract . Exhibit F IZ:/ZItcliii[� Labor and Materials Payment Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of [insert name of project], Contract No. XXXX 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. XXXX 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, 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 (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United States of America, said sum being equal to [equal to 100% of the cost of construction for the Project]; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 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. City of Newport Beach -43- DRAFT Construction Management at Risk Contract Exhibit G 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 day of 2010. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signatureffitle Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED City of Newport Beach .44- DRAFT Construction Management at Risk Contract _ Exhibit State of California County of ) ss. before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL Signature State of California County of ) ss. before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL City of Newport Beach .45. DRAFT Construction Management at Risk Contract Exhibit G EXHIBIT H Page I of 14 No. (MSA #) GW, river BUILDERS SINCE 1919 LICENSE NO. 102 Master Subcontract Agreement 101 This Master Subcontract Agreement (the "Agreement") is executed this «00» day of <<Month>>, 20<<Yr>> between C.W. Driver, Inc., a California corporation dba C. W. Driver, (the "Contractor") and <<Company Name>>, (the "Subcontractor'). INTRODUCTION Contractor and Subcontractor agree as follows: A. That Contractor and Subcontractor wish to enter into this Master Subcontract Agreement to facilitate future projects in which Contractor may choose to retain Subcontractor to provide materials and perform services. The scope of work and other project specific terms and conditions (collectively, the "Subcontract Work') shall be set forth in a work order ("Work Order) for each specific project. B. That Contractor may employ Subcontractor from time to time on various constructions projects, as determined by Contractor in its sole discretion pursuant to Work Orders to be executed in connection with each such project C. That this Agreement shall apply to all future subcontract work to be provided by Subcontractor on any project pursuant to such Work Orders, provided that the terms of this Agreement may be modified by a subsequent written Work Order signed by both parties varying the terms of this Agreement and only as to the particular Work Order. D. That this Agreement shall be construed in its broadest terms, such that all provisions of this Agreement shall be given full effect to the extent possible in light of the specific terms of any subsequent Work Order(s) and work order revisions. E. That the terms of this Agreement shall be deemed incorporated by reference with respect to any future construction project pursuant to which Contractor may employ Subcontractor under a Work Order, and for which Contractor has entered into, or will enter into, a Prime Contract as defined in Paragraph 1. 1. ARTICLE 1: THE SUBCONTRACT DOCUMENTS 1.1 As to any future project in which Contractor employs Subcontractor, the Subcontract Documents (as may be referenced in this Agreement or in any other Agreement or document) shall consist of (1) this Agreement; (2) the "Prime Contract", consisting of the Prime Contract documents as defined therein which may include, by way of example, a form of agreement between the Owner and Contractor and the other Contract Documents enumerated therein, including, as applicable, the conditions of the contract (general, special, supplementary and other conditions), drawings/plans, specifications and addenda effective as of the execution of the Prime Contract, together with addenda or modifications issued subsequent to the execution of the Prime Contract, whether in existence before or after the execution of this Agreement; and (3) the Work Order and any documents incorporated therein, These documents form the Subcontract and are fully a part of the Subcontract as if attached to this Agreement or repeated herein. As to each project that Contractor employs Subcontractor, the Subcontract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representation or agreements, either written or oral. In the event of any conflict, inconsistency, or ambiguity between or among this Agreement, any Work Order, or any amendment or modification to such Work Order, the terms of the most recently issued of the documents shall take precedence. CWD Initials — Subcontractor Initials Page 2 of 14 No. (MSA #) 1.2 Subcontractor shall be furnished copies of the Subcontract and all incorporated documents upon request, but Contractor may charge Subcontractor for the cost of reproduction and shipping thereof. ARTICLE 2: MUTUAL RIGHTS AND RESPONSIBILITIES 2.1 Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and the Prime Contract to the extent that provisions of the Prime Contract apply to the Subcontract Work. Contractor shall have benefits of all rights, remedies and redress against Subcontractor that the Owner, under Prime Contract, has against Contractor. Where provisions of the Prime Contract are inconsistent with provisions of this Agreement, the more stringent of the two shall govern. 2.2 Contractor may require Subcontractor to include provisions in its agreements with subcontractors or suppliers of any tier performing portions of the Subcontract Work under each Work Order by which Subcontractor and its subcontractor are mutually bound, to the extent of the Work to be performed by sub -subcontractors or supplier, assuming toward each other all obligations and'responsibilities that Contractor and Subcontractor assume toward each other and having the benefits of all rights, remedies and redress each against the other that Contractor and Subcontractor have by virtue of the provisions of this Agreement. No second tier subcontracts shall be assigned by Contractor to Subcontractor without Subcontractor's knowledge and consent to the assignment. Subcontractor's acceptance of such assignment shall not be unreasonably withheld. ARTICLE 3: CONTRACTOR 3.1 Services Provided by Contractor 3.1.1 To the extent such matters are within the reasonable control of Contractor, Contractor shall cooperate with Subcontractor in scheduling and performing Contractors Work to avoid conflict with or interference in the Subcontract Work and shall provide written responses to submittals made by Subcontractor within a reasonable time. As soon as practicable after execution of a Work Order, Contractor shall provide Subcontractor with copies of Contractor's construction schedule of submittals, together with such additional scheduling details as will enable Subcontractor to plan and perform the Subcontract Work properly. Subcontractor shall be notified of subsequent changes in the construction and submittal schedules, and additional scheduling details. 3.1.2 Where reasonably practicable, as determined by Contractor on a project -by -project basis, Contractor shall provide suitable areas for storage of Subcontractor's material and equipment during the course of its performance of the Subcontract Work, but Contractor shall not responsible for the security of tools, equipment, materials stored and other property stored, or any of Subcontractor's work in progress, all of which the Subcontractor is responsible for. 3.1.3 Subcontractor shall be solely responsible to protect Subcontractor's tools, equipment and materials and all of the Subcontract Work in progress. Subcontractor shall remain responsible for all Subcontract Work in progress until the Subcontract Work (or relevant portions thereof) are accepted in writing by Contractor. 3.1.4 Except as permitted by Contractor in writing, Contractor's equipment will not be available to Subcontractor. 3.1.5 If the Contractor accepts delivery on behalf of the Subcontractor of any of the Subcontractors materials, supplies or equipment, whether or not the Subcontractor is absent from the site, the Contractor will not be liable for any deficiency or defect in quality, quantity or content of what was delivered. 3.2 Communications CWD Initials Subcontractor Initials Page 3 of 14 No. (MSA #) 3.2.1 Contractor shall make available to Subcontractor information that materially affects each Work Order, including information that becomes available to Contractor subsequent to execution of each Work Order under this Agreement. 3.2.2 Contractor shall not give instructions or orders directly to employees or workmen of Subcontractor, except to persons designated as authorized representatives of Subcontractors. 3.2.3 Contractor, not the Subcontractor, shall have all direct communication with the Owner, Design Architect, Executive Architect, or any other design consultant, including but not limited to civil, structural, mechanical, electrical and plumbing engineering consultant. 3.3 Claims 3.3.1 Liquidated damages for delay, if provided for in the Work Order, shall be assessed against Subcontractor to the extent caused by, or contributed to by Subcontractor, Subcontractor's employees and agents, sub -subcontractors, suppliers or any person or entity for whose act Subcontractor may be liable. 3.3.2 Actual damages for delay shall be assessed against Subcontractor only to the extent caused or contributed to by Subcontractor. Subcontractor's employees and agents, sub -subcontractors, suppliers or any person or entity for whose act Subcontractor may be liable. 3.3.3 No claims for additional compensation or damages for delays, whether caused in whole or in part by any conduct on the part of Contractor, including, but not limited to, conduct amounting to a breach of this Agreement, or delays by other subcontractors or Owner, shall be recoverable from Contractor, and the extension of time for completion as provided in Section 3.3.4 shall be the sole remedy available to Subcontractor; provided, however, that in the event Contractor obtains additional compensation from Owner on account of delays for which Subcontractor has made a claim pursuant to this Section 3.3.3, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under the circumstances. In the event that Contractor prosecutes a claim against Owner for additional compensation for any delay which includes a pass-through delay claim by Subcontractor, Subcontractor shall cooperate fully with Contractor in the prosecution thereof and shall pay costs and expenses incurred in connection therewith. 3.3.4 Should Subcontractor be delayed in the prosecution or completion of critical path Subcontract Work by the act, neglect or default of Owner, Architect or Contractor, or should Subcontractor be delayed waiting for materials, if required by this Contract to be furnished by Owner or Contractor, or by damage caused by fire or other casualty for which Subcontractor is not responsible, or by the combined action of the workmen, in no way caused by, contributed to, or resulting from fault or collusion on the part of Subcontractor, or in the event of a lock -out by Contractor, then the time herein fixed for the completion of the Subcontract Work shall be extended the number of days that Subcontractor has thus been delayed, but no allowance or extension shall be made unless a claim therefore is presented in writing to Contractor within 48 hours of the commencement of such delay, and under no circumstances shall the time of completion be extended to a date which will prevent Contractor from completing the entire project within the time allowed Contractor by Owner for such completion. 3.4 Contractor's Remedies If Subcontractor defaults or neglects to carry out the Subcontract Work in accordance with this Agreement andfor any Work Order and fails within 48 hours after receipt of written notice from Contractor to commence and continue correction of such default or neglect with diligence and promptness, Contractor may, without prejudice to any other remedy Contractor may have, retain others to carry out the Subcontract Work or to make good such deficiencies, as the case may be. Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, and any other damages, liabilities or CWD Initials — Subcontractor Initials Page 4 of 14 No. (MSA#) expenses recoverable under applicable law, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractors default. Contractor may deduct all associated costs thereof from the payments then and thereafter due Subcontractor. ARTICLE 4: SUBCONTRACTOR 4.1 Execution and Progress of the Work 4.1.1 Subcontractor shall cooperate with Contractor in scheduling and performing the Subcontracts Work so as to avoid conflict, delay in or interference with the remaining Prime Contract work of Contractor, other subcontractors, or the work of the Owners own forces or Owners separate contractors. Under each Work Order, Subcontractor shall, (1) provide Contractor with scheduling information and a proposed schedule for performance of the Subcontract Work in a form acceptable to Contractor, (2) conform to Contractor's progress schedules and all revisions or changes made thereto, (3) prosecute the Subcontract Work in a prompt and diligent manner in accordance with Contractors progress schedules without delaying or hindering Contractors work or the work of other contractors or subcontractors, (4) coordinate the Subcontract Work with that of all other contractors, subcontractors, suppliers and/or materialmen of the Contractor, in a manner that will facilitate the efficient completion of the entire work and (5) in the event Subcontractor fails to maintain its part of the Contractors schedule, it shall, without additional compensation, accelerate the work as Contractor may direct until the Subcontractor's Work is compliant with such schedule. 4.1.2 Contractor shall have complete control of the premises on which the work for each Work Order is to be performed and shall have the right to decide the time and order in which various portions of the work shall be installed and the relative priority of the Subcontract Work with the work of other subcontractors, and, in general, all other matters pertaining to the timely and orderly conduct of the work of all subcontractors on the project job site. 4.1.3 Subcontractor shall pay for, prepare and promptly submit all shop drawings, product data, samples and similar submittals required by the Subcontract after receipt of notice to proceed under the Work Order. Subcontractor shall furnish all as -built drawings, operations manuals and warranties related to his trade within the time frame defined in the Prime Contract. Delivery of such as -built drawings, operations manuals and warranties shall be a condition precedent to final payment. 4.1.4 Subcontractor shall submit to Contractor in no more than seven (7) days after receipt of Work Order, a schedule of values (the Schedule of Values') allocated to the various parts of the Subcontract Work, aggregating the Subcontract Sum, as set forth in the Work Order, made out in such detail as Contractor or the Owner may reasonably require, and supported by such evidence as Contractor may direct In applying for payment, Subcontractor shall submit statements based upon the Schedule of Values approved by Contractor. 4.1.5 Subcontractor shall furnish to Contractor periodic progress reports on the Subcontract Work as reasonably specified by Contractor, including information on the status of material and equipment that may be in the course of preparation or manufacture. 4.1.6 Subcontractor agrees that the Contractor, Owner, Architect, and other Design Consultants, will have the authority to reject work that does not conform to the Prime Contract documents or the Subcontract documents. The Architects' or other Design Consultants' decision on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 4.1.7 Subcontractor shall pay for materials, equipment and labor used in connection with the performance of the Subcontract Work through the period covered by each progress payment received from Contractor, and shall furnish satisfactory evidence to verify compliance with the above requirements. CWD Initials Subcontractor Initials — Page 5 of 14 No. (MSA #) 4.1.8 Subcontractor shall take necessary precautions to protect properly the work of other subcontractors from damage caused by operations under each Work Order. Failure to provide such protection will obligate the Subcontractor to pay the cost of any damage to work by others. 4.1.9 Subcontractor shall cooperate with Contractor, other subcontractors and the Owners' own forces whose work might interfere with the Subcontract Work. Subcontractor shall participate in the preparation of coordinated drawing in areas of congestion, specifically noting and advising Contractor of potential conflicts between the Subcontract Work and the work of Contractor, other subcontractors or the Owner's own forces. 4.1.10 Whenever the Subcontractor is performing work on the site, the Subcontractor shall submit daily reports to the Contractor, no later than 9:00 a.m., indicating the number of personnel working on the site that day, along with a description of activities, locations and equipment used in the conduct of the work 4.1.1 I The Subcontractor shall employ labor satisfactory to the Contractor. Subcontractor shall remove or cause to have removed from the project any employee or employees considered unsatisfactory by the Contractor. 4.2 Laws, Permits, Fees and Notices 4.2.1 Subcontractor shall give notices and comply with laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Subcontract Work Subcontractor shall secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of Subcontractor s Work under each Work Order, the furnishing of which is required of Contractor by the Prime Contract 4.2.2 Subcontractors shall comply with federal, state and local tax laws, labor laws, social security acts, unemployment compensation acts and workers compensation acts insofar as applicable to the performance of each Work Order. 4.3 Safety Precautions and Procedures 4.3.1 Subcontractor shall take reasonable safety precautions with respect to performance of each Work Order, shall comply with safety measures initiated by Contractor and with applicable laws, ordinances, rules, regulations and order of public authorities for the safety of persons or property in accordance with the requirements of the Prime Contract. Subcontractor shall report to Contractor immediately any injury to an employee or agent of Subcontractor that occurred at the jobsite. 4.3.2 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by Subcontractor or its subcontractors of any tier, or by anyone directly or indirectly employed by them, Subcontractor shall, prior to exposure of any employees on the site to such a substance, give written notice of the chemical composition thereof to Contractor in sufficient detail and time to permit compliance with such laws by Contractor, other subcontractors and other employees on site. Subcontractor shall defend, indemnify and hold harmless Contractor for all expenses, costs and liability incurred by Contractor, the Owner, other subcontractor and other parties, resulting from Subcontractor's use, disposal of, or other disposition of any hazardous material atthe jobsite. 4.3.3 If Subcontractor encounters material on the site reasonably believed to be asbestos, lead, polychlorinated biphenyl (PCB) or other hazardous material or wastes that have not been rendered harmless, Subcontractor shall immediately stop work in the area affected and report the condition to Contractor in writing. The work in the affected area shall resume only after abatement and removal of the asbestos, lead, polychlorinated biphenyl (PCB) or other hazardous material or wastes, or when it has been rendered harmless, and a licensed industrial hygienist has furnished written certification that the area is safe. 4.3.4 Subcontractor shall comply with all safety and security rules and regulations established by the Owner andfor Contractor. CWD Initials — Subcontractor Initials Page 6 of 14 No. (MSA #) 4.3.5 Subcontractor and/or the employees of the Subcontractor specified by Contractor shall attend all safety meetings designed by Contractor, which typically will be convened on a weekly basis. 4.3.6 Subcontractors shall provide the Contractor proof of compliance with CA Safety Law S&198 I and OSHA requirements. A copy of the Subcontractors Injury and Illness Prevention Program shall be furnished to the Contractor prior to beginning work 4.4 Cleaning Up 4.4.1 Subcontractor shall clean up the work site daily and shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Agreement and each Work Order issued hereunder. Subcontractor shall not be held responsible for unclean conditions caused by other Contractors or Subcontractors. 4.5 Warranty 4.5.1 Subcontractor warrants to the Owner and Contractor that materials and equipment furnished under each Work Order will be of good quality and new, unless otherwise required or permitted by the Subcontract documents, that the Subcontract Work will be free from defects not inherent in the quality required or permitted and free from hazardous materials or components and that the Work will conform with the requirements of the Subcontract Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Subcontractor shall provide warranties and maintenance stock in accordance with Subcontractor's specific trade sections; Division I or Work Order requirements. The more stringent requirement shall take precedence. 4.5.2 The warranty period shall begin upon Owners final acceptance of the Prime Contract work, or receipt of "Certificate of Occupancy", whichever is later, not at completion of the Subcontract Work. Unless stated otherwise the warranty period shall be one (1) year. 4.5.3 Subcontractor is also responsible for the costs of repairs/replacement of all other adjacent and/or related work that is damaged directly or indirectly by defective work done in conjunction with all Work Orders. These requirements shall survive the final payment of all Work Orders and any contrary language on the Subcontractor's warranty form shall be deemed null and void. 4.6 Indemnification 4.6.1 To the fullest extent permitted by law, Subcontractor shall defend, indemnify and hold harmless the Owner, Contractor, Architect, or Design Consultant, or any of their respective consultants, agents, officers, directors and employees of any of them from and against claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of, relating to or resulting from performance of the Subcontract Work by Subcontractor, Subcontractor's sub -contractors of any tier, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph 4.6.1 Not withstanding the foregoing, if the Prime Contract contains a broader, or more stringent, indemnity obligation than that contained in this section, 4.6.1, then the more broad or stringent Indemnification shall apply to the subcontract 4.6.2 The obligations of Subcontractors under this Paragraph shall not extend to the liability of the Architect, or other Design Consultant, or their respective consultants, agents and employees of any of them arising out of: (1) their preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or CWD Initials — Subcontractor Initials Page 7 of 14 No. (MSA #) (2) the giving of or the failure to give directions or instructions by the Architect, or other Design Consultant, or their respective consultants and agents and employees of any of them, provided such giving or failure is the primary cause of the injury or damage. 4.6.3 To the fullest extent permitted by law, Subcontractor shall defend, indemnify and hold harmless the Owner, Contractor, Architect, or other Design Consultant, or any of their respective consultants, agents and employees of any of them from and against claims, damages, losses and expense, including, but not limited to, attorney's fees, arising out of or resulting from mechanic's liens or stop notices filed by Subcontractor, Subcontractor's sub- contractors (of any tier), anyone directly or indirectly employed by them or suppliers, which arise due to Subcontractor's failure to make payments due to such claimant ARTICLE 5: CHANGES IN THE WORK 5.1 The Owner may make changes in the Work by issuing modifications to the Prime Contract Upon receipt of such a modification issued subsequent to the execution of each Work Order, Contractor shall promptly notify Subcontractor of the modification to the extent it affects the Subcontract Work. Unless otherwise directed by Contractor, Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by such modifications. 5.2 With respect to each project, Subcontractor may be ordered in writing by Contractor, without invalidating this Agreement or any Work Order issued hereunder, to make changes in the Subcontract Work within the general scope of each Work Order consisting of additions, deletions or other revisions, including those required by modifications to the Prime Contract issued subsequent to the execution of this Agreement and each Work Order. Subcontractor, prior to the commencement of such changed or revised Work shall, if affected thereby, submit promptly to Contractor a written request for adjustment to the Subcontract Sum and Subcontract Time for such a revised work in a manner consistent with requirements of the Subcontract Documents. 5.3 In the event Contractor and Subcontractor cannot agree on the value of or time extension due as a result of a change to the Subcontract Work, Subcontractor shall proceed with and timely prosecute the change as directed in writing by Contractor. Once Subcontractor receives Contractors written direction, Subcontractor is solely responsible for timely performance of the Subcontract Work as modified by the written direction, the dispute to be submitted for resolution in accordance with Article 6. ARTICLE 6: ARBITRATION 6.1 Any controversy or claim between Contractor and Subcontractor arising out of or related to this Agreement, or to any Work Order or the breach thereof, shall be resolved by arbitration which shall be conducted in the same manner and under the same procedure as provided in the Prime Contract with respect to claims between the Owner and Contractor, except that a decision by the Architect, or other Design Consultant (if applicable), shall not be a condition precedent to arbitration. If the Prime Contract does not provide for arbitration or fails to specify the manner and procedure for arbitration, disputes under this Subcontract shall be resolved in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. The arbitration proceedings shall be in the county where the project is located, unless the parties mutually agree otherwise. 6.2 Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to this Agreement or any Work Order shall include, by consolidation or joinder or in any other manner, any person or entity not a party to this Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such a person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial. This Agreement to arbitrate and any other written agreement to CWD Initials — Subcontractor Initials Page 8 of 14 No. (MSA #) arbitrate with an additional person or persons referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 6.3 Contractor shall give Subcontractor prompt written notice of any demand received or made by Contractor for arbitration if the dispute involves or relates to the Subcontract Work. Contractor shall consent to inclusion of Subcontractor in an arbitration proceeding whether by joinder, consolidation or otherwise, if Subcontractor requests in writing to be included within ten (10) days after receipt of Contractors notice. 6.4 The award rendered by the arbitrator or arbitrators shall be final, and judgments may be entered upon it in accordance With applicable law or in any court having jurisdiction thereof. 6.S This Article 6 shall not be deemed a limitation of rights or remedies that Contractor or Subcontractor may have under federal law, under states mechanics lien laws or under applicable labor or material payment bonds unless such rights or remedies are waived by the Subcontractor. ARTICLE 7: TERMINATION, SUSPENSION OR ASSIGNMENT OF THE SUBCONTRACT 7.1 Termination by Contractor; Other Assurances 7.1.1 If Subcontractor fails or neglects to carry out the Subcontract Work in accordance with the Subcontract documents or otherwise to perform in accordance with this Agreement or any Work Order issued hereunder and fails within forty-eight (48) hours after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may without prejudice to any other remedy Contractor may have, terminate the Subcontract and finish Subcontractors Work by whatever method Contractor may deem expedient If the unpaid balance of the balance of the Subcontract Sum for the Subcontract Work actually completed by Subcontractor exceeds all direct and associated expenses incurred by Contractor in finishing Subcontractors Work, such excess shall be paid to Subcontractor, but if such expenses exceed such unpaid balance, Subcontractor shall promptly pay the difference to Contractor. 7.1.2 Notwithstanding other provisions in this Agreement or in any Work Order, Contractor reserves the right to require that on any project for which Subcontractor is employed, Contractor may require Subcontractor to provide Contractor with additional assurances as to Subcontractors performance under any Work Order. Such additional assurances may include, without limitation, providing of additional guarantees by financially responsible parties, posting of additional performance bonds, providing updated financial information, posting collateral, distribution of funds through joint check, increased retention and providing proof of payment as to Subcontractor's employees, sub -subcontractors, material and equipment suppliers, and other creditors. Failure of Subcontractor to comply promptly with Contractors request for additional assurances shall constitute a material breach of this Agreement and each Work Order issued hereunder. 7.1.3 Contractor may at any time and for any reason terminate Subcontractors services and work at Contractors convenience. Cancellation shall be by service of written notice to Subcontractors place of business. 7.1.3.1 Upon receipt of such notice, Subcontractor shall, unless the notice directs otherwise, (1) immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of the Subcontract Work, (2) make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to Contractor or, at the option of Contractor, give Contractor the right to assume those obligations directly, including all benefits to be derived there from. Subcontractor shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site or in transit thereto. CWD Initials Subcontractor Initials Page 9 of 14 No. (MSA #) 7.1.3.2 Upon such termination, Subcontractor shall be entitled to payment in accordance with Article I I only as follows: (1) the actual cost of the Subcontract Work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Subcontractor as are permitted by the prime contract and approved by Owner, plus (3) fifteen percent (15%) of the cost of the work referred to in item (1) above for overhead and profit There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Subcontractor prior to the date of the termination of this Agreement. In no event shall payment due hereunder exceed the amount due for approved units of work or percentage of completion. Subcontractor shall not be entitled to any claim or claim of lien against Contractor or Owner for any additional compensation or damages in the event of such termination and payment 7.2 Assignment of the Subcontract 7.2.1 In the event of termination of the Prime Contract by the Owner, Contractor may assign the Work Order issued under this Agreement to the Owner, with the Owner's Agreement, subject to the provisions of the Prime Contract 7.2.2 Subcontractor shall not assign the Work of this Agreement or any Work Order issued hereunder without the written consent of Contractor, nor subcontract the whole of the Subcontract Work without written consent of Contractor, which consent may be granted in Contractor's sole and absolute discretion. ARTICLE 8: THE WORK OF THIS SUBCONTRACT 8.1 With respect to each project, Subcontractor shall execute the Subcontract Work described in the Subcontract documents and each Work Order, including all labor, materials, equipment, services and other items required to complete such portion of the Work, except to the extent specifically indicated in the Subcontract Documents and each Work Order to be the responsibility of others. 8.2 In the event of any dispute between Contractor and Subcontractor over the scope of Subcontractor's work under the Contract Documents, Subcontractor will not stop work but will prosecute the work diligently to completion, and the dispute may be submitted for resolution in accordance with Article 6. ARTICLE 9: DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 9.1 Subcontractor's date of commencement is the date from which the contract time defined in the Work Order is measured. The date of commencement shall be identified in each Work Order, if no date is stated in the Work Order then the date of commencement shall be the date of this Agreement, as first written above. 9.2 The Work under each Work Order shall be substantially completed not later than the date or dates indicated in the Work Order of the specific project, subject to adjustments of the Subcontract Time as provided in the Subcontract documents. If the Subcontractor fails to complete the Work or any portion thereof on schedule, Subcontractor shall be liable to Contractor for resulting damages, expenses and costs. 9.3 Time is of the essence of this Agreement and each Work Order issued hereunder. 9.4 No extension of time will be valid without contractor's written consent after claim made by Subcontractor in accordance with: Paragraphs 3.3.3, 3.3.4 and 5.2. CPDD Initials — Subcontractor Initials Page 10 of 14 ARTICLE 10: SUBCONTRACT SUM No. (MSA #) 10.1 With respect to each project, Contractor shall pay Subcontractor for performance of Subcontractor the Subcontract Sum as specified in the Work Order, subject to additions and deductions as provided in the Subcontract Documents. ARTICLE 11: PROGRESS PAYMENTS I.I Based upon application for payment submitted to Contractor by Subcontractor on C.W. DRIVER Invoice form, corresponding to the Applications for Payment submitted by Contractor to the Owner, Architect or other Design Consultant, and Certificates for Payment issued by the Owner, Architect, or other Design Consultant, Contractor shall make progress payments on account of the Subcontract Sum to Subcontractor as provided below and elsewhere in the Subcontract documents and the Work Order. 11.2 Except as specifically provided differently in the Work Order or in the respective Prime Contract, the period covered by each application for payment shall be one calendar month ending on the last day of the month, or as follows: (1) Payments will be made monthly on progress estimates as approved by Contractor covering ninety percent (90%) of the value of the Subcontract Work completed by Subcontractor to the end of the previous month, such payment shall be made ten (10) working days after Contractor receives payment for such Work from the Owner; (2) Payment of the balance of ten percent (10°6) owing under each Work Order shall be made within ten (10) working days after payment has been received by Contractor; (3) If Contractor makes payment to Subcontractor by the tenth (10') of the month following application for payment a two percent (27) discount will be applied should Subcontractor request and C.W. DRIVER agree to the early payment; (4) Provided that notwithstanding the foregoing, no progress payment or final payment shall be due or payable until Subcontractor furnishes Contractor with Statutory Lien Releases showing (a) in the case of a progress payment, that all accounts incurred by Subcontractor in the performance of this Agreement and each Work Order issued hereunder up to the end of the previous months have been paid, and (b) in the case of a final payment that all accounts incurred by Subcontractor in the performance of each Work Order have been paid, or stating the particulars of any accounts still remain unpaid; (5) Subcontractor hereby authorizes Contractor to pay any unpaid accounts out of monies otherwise owed to Subcontractor; the amount of any account in dispute or any account not disclosed by Subcontractor but of which Contractor has knowledge may be retained by Contractor pending determination of the matter, and (6) Performance by Subcontractor in accordance with the requirements of the Subcontract Documents shall be a condition precedent to the Contractor's obligation to make any payments to Subcontractor. Subcontractor shall submit all "Conditional Releases' as a condition precedent to progress payment and provide "Unconditional Waivers and Releases Upon Progress Payment" within one (1) week of progress payment from Contractor. These releases are to be on C.W. DRIVER forms. Subcontractor shall also submit as precedent to progress payment evidence that contributions to all relevant Union Trust Funds are not delinquent 11.3 Substantial Completion 11.3.1 When Subcontract Work or a designated portion thereof is substantially complete and in accordance with the requirements of the Work Order and the Prime Contract, Contractor shall, upon application by Subcontractor, make prompt application for payment for such Work (subject in every case to the right of Contractor to retain such additional amounts to pay for claims under any mechanic's liens or other claims). Within ten (10) days following receipt of payment covering such substantially completed Work, Contractor shall, to the full extent allowed in the Prime Contract, make payment to Subcontractor, deducting any portion of the funds for Subcontractor's Work withheld in accordance with the Certificate for Payment issued by the Owner, Architect or other Design Consultant to cover costs of items to be completed or corrected by Subcontractor. Such payments to Subcontractor shall be the entire unpaid balance of the Subcontract Sum if a full release of retention is allowed under the Prime Contract for the Subcontract Work prior to completion of the entire project. If the Prime Contract does not allow for a full release of retention, then such payments shall be an amount that, when added to the previous payment to Subcontractor, will reduce the retention on Subcontractors substantially completed Work to the same percentage as that on Contractors Work covered by the Certificate for Payment. CWD Initials — Subcontractor Initials _ Page 11 of 14 ARTICLE 12: FINAL PAYMENT No. (MSA #) 12.1 With respect to each Work Order, final payment, constituting the entire unpaid balance of the Subcontract Sum, shall be made by Contractor to Subcontractor when Subcontractor's Work is fully performed in accordance with the requirements of the Contract Documents and the Architect, or other Design Consultant, has issued a certificate of completion covering the whole of the Prime Contract work, unless the Owner consents to making final payment to Subcontractor at an earlier date upon completion of the Subcontract Work 12.2 Before issuance of the final payment, Subcontractor, if required and in addition to the requirements of Section 111. shall submit evidence satisfactory to Contractor that all payrolls, bills for materials and equipment and all known indebtedness connected with Subcontractor's Work has been satisfied. ARTICLE 13: INSURANCE AND BONDS 13.1 Subcontractor shall purchase and maintain insurance in accordance with the Prime Contract and Subcontract Documents, but in all instances should be at a minimum the following types of coverage and limits of liability: 13.1.1 Prior to beginning work on Work Order, Subcontractor must provide a current Certificate of Insurance for Commercial General Liability insurance naming Contractor and Owner and such other parties as may be indentified in the Prime Contract as additional insureds, verifying a minimum of One Million Dollars ($1,000,000) per occurrence / Two Million Dollars ($2,000,000) per project aggregate from an AM Best A- VII rated company, such polity to include a waiver of subrogation endorsement and primary non-contributory clause; Automobile Liability insurance for hired, owned and non -owned vehicles in the minimum amount of One Million Dollars ($1,000,000) per occurrence and in the aggregate, and employer's liability/workers' compensation with statutory limits of coverage and including a waiver of subrogation. All such insurance policies shall be for higher limits of coverage if specified in the Work Order. No Subcontract Work may commence on any project unless and until acceptable insurance policies have been received. No "modified occurrence" general liability policies are acceptable. 13.1.2 On projects where Contractor or the Owner has provided builders risk or similar insurance, such insurance may be subject to an amount deductible from the sums otherwise payable there under, and the burden of such deduction shall be borne by the party responsible for the loss; or if no responsible party can be determined, by the party receiving the direct benefit of such insurance. 13.1.3 Where Subcontractor has provided a surety bond in connection with the Work, Subcontractor shall obtain the written consent of the Surety for all amendments to and increase in the amount under any Work Order as required by the Surety, and at a minimum where the aggregate increase in the value of the amount under any Work Order is greater than ten percent (10%), and shall ensure continued bonding of Subcontractor's obligations under the Subcontract Documents. When a surety bond has been provided, it is the Subcontractors responsibility to include the additional bond premium on all appropriate change requests. 13.2 Coverage shall be maintained without interruption from the commencement of Subcontractors Work until expiration of warranty period or any other specific contractual requirement (the later of the two shall govern). 13.3 Certificates of insurance acceptable to Contractor shall be filed with Contractor prior to commencement of Subcontractors Work. These certificates and the insurance policies required by this Article 13 shall contain a provision that coverage afforded under the policies will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to Contractor. If any of the foregoing insurance coverage is required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment required in Article 12. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by Subcontractor with reasonable promptness according to Subcontractor's information and belief. CWD Initials — Subcontractor Initials Page 12 of 14 No. (MSA #) 13.4 Contractor, if requested, shall furnish to Subcontractor satisfactory evidence of insurance required of Contractor under Prime Contract 13.5 Contractor and Subcontractor waive all rights against (I) each other and any of their Subcontractors, sub -subcontractors, agents and employees, each of the other and (2) the Owner, the Architect, or other Design Consultant, other consultants, separate contractors, and any of their subcontractors, sub -subcontractors, agents and employees for damages mused by fire or other perils to the extent covered by property insurance provided under Prime Contract or other property insurance applicable to the work, except such rights as they may have to proceeds of such insurance held by the owner as fiduciary, Subcontractor shall require of Subcontractor's sub -subcontractors, agents and employees, by appropriate agreements, written where legally required for validity, similar waivers in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation for General Liability and Workers Compensation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 13.6 Contractor shall promptly, upon request of Subcontractor, furnish a copy or permit a copy to be made of any bond covering payment of obligations arising under the Subcontract 13.7 Subcontractor shall provide performance bonds and/or payment bonds in amounts as specifically set forth in each Work Order. ARTICLE 14: ADDITIONAL PROVISIONS 14.1 All Work Orders will include, but are not necessarily limited to, the following conditions: 14.1.1 Subcontractor shall pay all applicable taxes, including the city business tax for Subcontractors business. 14.1.2 Contractor shall provide the general building permit; Subcontractor shall be responsible for any supplemental permits required for their trade, calling for inspection of Subcontractor's Work notifying the Contractor of all scheduled inspections, and being present for such inspections. 14.1.3 Subcontractor shall provide all scaffolding and hoisting required for the performance of the Subcontract Work. Costs for temporary removal and replacement of field obstructions to accommodate scaffolding, rigging or hoisting is the responsibility of the Subcontractor. 14.1.4 Subcontractor shall pay for all testing and inspections required for the Subcontract Work that is not specifically provided by the Owner. 14.1.5 Subcontractor shall inform the field superintendent a minimum of (3) days in advance of any deliveries to the site. 14.1.6 Subcontractor is responsible for and shall obtain OSHA permits and comply with all OSHA codes and regulations related to Subcontractors work. ARTICLE I5: MISCELLANEOUS PROVISIONS 15.1 Where reference is made in this Agreement to a provision of the Work Order or another Subcontract Document, the reference refers to that provision as amended or supplemented by other provisions of the Subcontract documents. 15.2 Each of the parties acknowledge that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that has executed the same with consent and upon CWD Initials — Subcontractor Initials Page 13 of 14 No. (MSA #) the advice of said independent counsel. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein. Accordingly, any rule of law, including, but not limited to California Civil Code Section 1654 or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it, is not applicable and is hereby expressly waived. 15.3 Each party hereto shall cooperate with the other party and shall take such further action and shall execute and deliver such further documents as may be necessary or desirable in order to carry out the provisions and purposes of this Agreement. 15.4 Except as expressly authorized in this Agreement, neither parry to this Agreement has the right to represent or hold itself out to the public as acting as an agent for the other parry. Neither party to this Agreement has the right to conduct any business or enter into contracts on behalf of the other party or bind the credit of the other parry or in any way operate its business under trade names, trademarks, service marks or other business insignias of the party without the prior written consent of that party. Contractor and Subcontractor shall each serve as independent contractor as to one another and not as principal and agent w to one another. 15.5 Contractor and Subcontractor each acknowledges to the other that it has the right and authority to enter into this Agreement, that the consent of no other patty is necessary and it has no restrictions on entering into this Agreement Furthermore, Contractor and Subcontractor each represent to the other that the person signing this Agreement on behalf of that party has the right and authority to enter into this Agreement on behalf of that party and that the execution of this Agreement by that parry will not violate any other agreement or arrangement to which that party is obligated. 15.6 This Agreement, together with the other Subcontract Documents referenced herein, sets forth the entire understanding of the parties with respect to the subject matter hereof, supersedes all existing oral or written agreements between them concerning such subject matter, and may be modified only by a written instrument duly executed by the party to be charged, except as otherwise specifically provided for in this Agreement. 15.7 Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement Any waiver must be in writing. 15.8 if any provision of this Agreement is invalid, illegal or unenforceable, the balance of this Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances. 15.9 The headings in this Agreement are solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement. 15.10 Any masculine personal pronoun shall be considered to mean the corresponding feminine or Neuter personal pronoun, and all singular nouns shall be considered to mean the plural form, and vice versa, as the context requires. 15.11 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 15.12 This Agreement shall be governed by and construed in accordance with the laws of the State in which the work is performed. 15.13 The parties shall bear their own respective attorneys fees incurred in any arbitration proceedings brought under the Subcontract Work, regardless of the identity of the prevailing party in such proceedings. CWD Initials — Subcontractor Initials Page 14 of 14 TO CONTRACTOR: C.W. DRIVER 468 NORTH ROSEMEAD PASADENA, CA 91107 No. (MSA #) TO SUBCONTRACTOR: <<Company Name>> <<Address>> <<City, State, Zip>> Any notice or other communication given by certified mail or other receipted delivery services shall be deemed given at the time of certification thereof, except for a notice changing a party's address which shall be deemed given at the time of receipt thereof. This Agreement is entered into as of the day and year first written above. CONTRACTOR C. W. DRIVER Bv: <<Name>> <<Title>> Date: License Number: 102 CWD Initials SUBCONTRACTOR <<Company Name>> Bv: Print Name: Title: Date: License Number: License Classification: Subcontractor Initials . . Dr ver 0U1 ,D} RS SINCE 1919 Mass Excavation C. W. DRIVER Summary 04/19/10 Printed: 20 -Apr -10 Newport Beach Civic Center and Park Newport Beach, CA Estimate No.: #87101 Square Feet: 122,295 Months On -Site: 25.0 Includes Addenda: NIA Estimator: Ms, RG.BF.TF.VR * Spec No Seq Description Notes Mass Ex Percent Cost per SgIt 01 1000 1 Assumptions 01 21 00 2 Allowances 01 81 13 3 Sustainable Design Requirements -LEED Registration & Fees In Soft Costs 4 LEED Enhanced Commissioning Requirements In Soft Costs 5 Hazardous Materials Mitigation In Soft Costs 01 7300 6 Surveying 99,100 of 50 00 7 Site Specific Requirements 66,380 01 5000 8 Temp. Barricades & Chain link Fencing 84,866 01 SO 00 9 Security In Soft Costs 015000 10 Temp Facilities and Controls 41,330 11 Construction & Final Clean -Up 26,004 12 Tests and Inspection in Soft Costs Of 74 19 14 Construction waste management and disposal 2,849 . 31 00 00 15 Site Preparation/ Earthwork 3,366,992 16 Temp Dewatering 12,387 31 50 10 17 Earth Shores & Underpin 1,71 1,799 31 2500 19 Erosion Control 34J66 66 3212 16 20 Asphaltic Paving 15,207 0333 13 23 Site Walls 140,265 3341 00 30 Drainage 234,947 0661 00 32 Wrought Iron / RFP Fencing 23,596 0711 16 50 Waterproofing 363,795 01 3233 109 Time Lapse Photography 4,627 SUBTOTAL 6,228,309 XTR-010004 117 Contingency 8.00% 498,265 PAGE 1 CW Driver BUILDRRS SINCE 1919 Mass Excavation C. W. DRIVER Summary 04/19/10 Printed: 20 -Apr -10 Newport Beach Civic Center and Park Newport Beach, CA Estimate No.: #87101 Square Feet: 122,295 Months On -Site: 25.0 Includes Addenda: NIA Estimator: RDs, RG,RF,TF,VR * Spec No seq Description Notes Mass Ex Percent Cost per Sqft XTR-01001-I• 118 Escalation DRM-00615-i 119 Sub Bonds 000-01030-M 120 PreconsD uction 000-01000-M 121 General Conditions DRM-00650-1 122 Permits & Special Insur. GCM -01659- 123 Data Processing 0.2S% DRM-00653-1 124 Liability Insurance AAA -01000-t 125 Overhead & Fee 3.25% DRM-00610-I 126 Prime Bond - 0.57% Total Estimate 6,726,574 PAGE 2 C* *r Dri * e+ Newport Beach Civic Center and Park 0UI € DrRS SINCE I4YV SCOPE AND PRICING SHEETS Prinad: @WJO 2IS PM ,,.rad: 20 -Apr -10 487101 04/07/10 20-Anr-10 PAGE 1 4aul 8 PM Q. � % Drive Fenced: 20-A r-10 +\`f\`)+ Newport Beach Civic Center and Park F��p.rea: 20-Apr-10 BVI LDGRS SIKCE 1914 487101 SCOPE AND PRICING SHEETS 04/07/10 20-Apr-10 * Budeet# Descrintion/Scooe of Work Ouantity Unit Cost/Unit Total Alternates Grand Total LEED Enhanced Commission in soft costs, if Alternates Grand Total Hazardous Materials Mass Ex Layout and monitoring for soil harvesting, site 240.0 cwhr 215.00 51,600 mass excavation and export Layout for the shoring veall 80.0 cwhr 215.00 17,200 Shoring monitoring 120.0 cwhr 215.00 25,800 Provide as -built drawings 1.0 Isum 4,500 4,500 Grand Total Surveying PAGE 2 99,100 99,100 Primed: 901PM C.W. . Driver Newport Beach Civic Center and Park 20 -Apr -10 8ltt €.013 RS StNOY, 1914 #87101 SCOPE AND PRICING SHEETS 04/07110 In -e,.._ i n 1' Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Mass Ex -- Safety supplies 10.8 month 1,340.74 14,480 Forklift 7.0 meth 2,700.00 18,900 Skiploader 4.0 mnth 2,400.00 9,600 Rental Equip.( -Fools 1.0 Isum 10,000.00 10,000 Equipment Repair 1.0 Isum 5,000.00 5,000 Gasoline And Oil 7.0 mnth 1,200.00 8,400 66,380 Grand Total Site Specific Requirements 66,380 Mass Ex Permanent chain link with scrim 9,815.0 Inft 7.75 76,066 _.. Chain link gates with scrim 16.0 each 550.00 8,800 NIA Grand PAGE 3 84,866 Barricades & Chain lit 84,866 CWTt 3-.+1 ive Newport Beach Civic Center and Park OUILOPRS SiGC,E 1919 SCOPE AND PRICING SHEETS PHmW: 4RN103:18 PM P,eoa�ea: 20 -Apr -10 #87101 04107110 20•Apr-10 PAGE 4 C.W. PM ver ,.n d: 10 -Apr -80 Y TV [1�/ Newport Beach Civic Center and Park vrm=gad: 20 -Apr -10 81JI.I DIM SINOP 1910 487101 SCOPE AND PRICING SHEETS 04/07!10 20 -Apr -10 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Grand Total Construction & Final Clean -t 26,004 Test and inspections are by owner In soft costs Alternates Grand Total Tests and Mass Ex Extra labor to sort through duration of the 120.0 mnhr 23.74 project- Recycle Alternates Grand Total Construction waste manacei 2.849 2,849 Mass Ex Sub Contractor proposal 1.0 -sum 2,992,289 2,992,289 Additional dirt removal -per changes in 20,000.0 cuyds 7.07 141,400 drawings Potholing 1.0 Isum 15,180.00 15,180 Site clearing and grubbing included PAGE 5 4no M. Drivel P,s d: 20 -Apr -10 -10 s Y\`jr Newport Beath Civic Center and Park �.wrea: 20 -Apr -10 81"ILDIiR3 SINCP, 1919 #87101 SCOPE AND PRICING SHEETS 04/07/10 20 -Apr -10 PAGE 6 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Remove concrete sidewalk included Tree protection included Remove "v" ditch included Remove loading dock pavement included Remove MacArthur sidewalk and curb included Misc. Demolition included Rough grade staking from surveyors included Clean excavation to face of beams for shoring contractor included Original ground processing included Cut and compaction of onsite soils included Excavate and dispose of excess cut material included Excavate and stockpile for use as topsoil material gathered in designated areas as shown on plans included Material gathered in designated areas as shown on plans included Cut benches 1 ramps for shoring sub 4,000.0 cuyds 6.06 24.240 Remove ramps for shoring sub 1,333.3 cuyd 8.08 10,773 Rough grade building pad(s) to t 0.10 ft included Load, haul -off of drilling spoils 155,6 cuyd 22.00 3,422 Construction water meter 1.0 [sum 2,555.00 2,555 Additional topsoil handling 6.0 mnth 3,765.00 22,590 Traffic control plan I.0 [sum 3,500.00 3,500 Flagmen, 2 each 2,078.4 mnhr 23.74 49,342 Grade / Gravel for trailers 4,500.0 sqft 4.00 18,000 - Grade / Gravel for temporary parking 11,000.0 sgft 4.00 44,000 Street sweeper 320.0 mnhr 110.00 35,200 Additional Mobilization 7 demobilization I.0 Isum 4,500.00 4,500 3,366,992 * Alternates Grand Total Site Preparation! Earthwork 3,366,992 PAGE 6 PM �f'�j T Drive Printed: 2 20 -Apr - 80 [o.�t, Y�Tjs Newport Beach Civic Center and Park Rmarea: 20 -Apr -10 O(A € OP98 SINC.R 1919 #87101 SCOPE AND PRICING SHEETS 04107110 20 -Apr -10 PAGE 7 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Mass Ex Allowance 32.0 points 387.10 12.387 12.387 * Alternates Grand Total Temp Dewatering 12,387 Mass Ex Subcontractor Proposal 1.0 Isum 1,683,000 1,683,000 Shoring wall at the MacArthur / parking garage Engineering design of soldier pile wall included Coal tar epoxy -coated soldier piles included Double corrosion protected (DCP) tieback included anchors Wood Lagging to 4 feet below Top of Included Finished Slab Nelson studs welded to soldier piles included Temporary cable handrail at top of soldier 613.0 Inft 45.00 piles 27,585 Remove cable handrail 613,0 Inft 1.98 1,214 1,711,799 * Alternates } Thr : t Grand Total Earth Shores & Underpin ii V,.0 1,711,799 PAGE 7 o Al (' .N 7 Drive P "d 40-A r-10 ['tip(, /�4f` Newport Beach Civic Center and Park rm•rca: 20 -Apr -IO BlIlFIVVRS SIRCR Info #87101 SCOPE AND PRICING SHEETS 04/07110 20 -Apr -10 PAGE 8 * Budget# Description/Scope of Work Quantity Unit Cost/Unit Total i�sr*• a�,'k Mass Ex Stabilized construction entrance/exit with Culvert crossing included Install / remove rumble plates included Silt fence included Fiber rolls included Gravel back check dam included Geotextile mats included Sediment basins install and remove included Storm drain inlet protection included Earth dikes included Hydraulic mulch included Rip rap velocity dissipation included Terra Mulch with Guar Binder (Hydro seed) and basic erosion control seed mix included Place and maintain gravel bags around perimeter fence included Trash and debries guards 6.0 each 1,28775 7.727 Run off control 7.0 month 3,777.00 26,439 Monthly visits included 34,166 * Alternates ',, Grand Total Erosion Control 34,166 NOINOOM Mass Ex Allow to repair AC paving as needed 1.0 allow 15,207-00 15,207 PAGE 8 C.W.Drives Pnn ed Ism Newport Beach Civic Center and Park Prepzred: 20 -Apr -10 0tli LDERS SINCE. 1019 aanm SCOPE AND PRICING SHEETS 04107110 20 -Apr -10 Budget# Description/Scope of Work Quantity Unit Cost/Unit Total Grand Total Asphaltic 15,207 15,207 Mass Ex North Park Subcontractor proposal 1.0 [sum 97,077.00 97,077 Retaining wall, type A (next to pedestrian walk) -done during Mass EX 366.0 Inft Footing included Footing rebar included GIP Wall included Wall rebar included Subdrainage perforated pipe surrounded by drainrock and wrapped in geotextile fabric 366.0 Ink 42.00 15,372 Wall height correction from designer 732.0 sgft 38.00 27,816 Alternates Grand Total Site Walls 140,265 140,265 Mass Ex Subcontaractor proposal 1.0 Isum 234,947.00 234,947 Install cleanout included PAGE 9 M. Driver Oke -MOM SINCE 1914 04/07110 Newport Beach Civic Center and Park SCOPE AND PRICING SHEETS n:w.:a: 20 -Apr -10 987101 20 -Apr -10 " Budget# DescriptiordScope of Work Quantity Unit Cost/Unit Total SD manhole included 18" SD included 6" Solid subdrain included 6" Perforated subdrain included CMP riser included Connect to (E) SD included 18" x 18" Tee included Connect to (E) SDMH included Connect to (E) catch basin included Headwall w/ rip rap included', 234,947 Grand Total Drainage 234,947 Mass Ex Fence at the retaining wall 133.0 Ink 177.42 23,596 11 23,596 Grand Total Wrought Iron / 1 23.596 Mass Ex Waterproofing at the shoring wall 22,000.0 silt 9.60 211,176 Add for 2 layers of cement board 22,000.0 sift 3.04 66,911 PAGE 10 BPM � .W. Drive Printed: 20-Apr- ��eA• it 1V Newport Beach Civic Center and Park rrmaree: 20•Apr-10 girl LIARS S€NCR 1919 987101 SCOPE AND PRICING SHEETS 04107/10 20 -Apr -10 * Budge t# DescriptionlScope of Work Quantity Unit Cost/Unit Total Seal and reinforce all penetrations in waterproofing membrane 300.0 each 25.35 7,604 Detail at nelson studs 3,000.0 each 8.00 24,000 Scaffolding 1.0 Isum 15.000.00 IS,000 North Park Waterproofing at the site retaining wall 3,555.0 sgft 11,00 39,105 Alternates Grand Total 363,795 363,795 Mass Ex Time lapse photography 6.0 mo 771.21 4,627 4,627 Grand Total Time PAGE 11 Phol 4,627 Q�u C7_F U s = U u m E d s z Z K N � m > m L N a v 6 4^ N d N y Y U L � ti a (Q n i C E a' � Z K N ++ ). N m m N 'o y d aL ro n m +Jt��f _ 6 4A X �� .�Wr � j} '�/ % a City of Newport Beach BUDGET AMENDMENT 2009-10 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 10BA-043 AMOUNT: $17sss,3ozoo Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Civic Center Construction Fund unappropriated fund balance to cover costs associated with construction of the new Civic Center. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 410 3605 Civic Center Construction Fund - Fund Balance $17,596,307.00 REVENUE ESTIMATES (3609) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: G Signed: o FlAaDaKI Approval: Administrative Sr ctor AdminisirAve Approval: City Manager $17,596,307.00 g-aa-rD Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7410 Civic Center Construction Account , Number C1002009 New City Hall/Civic Center Division Number Account Number Division Number Account Number Division Number Account Number Signed: G Signed: o FlAaDaKI Approval: Administrative Sr ctor AdminisirAve Approval: City Manager $17,596,307.00 g-aa-rD Date Date Signed: City Council Approval: City Clerk Date CITY OF NEWF'uRT BEACH #23 OFFICE OF THE CITY ATTORNEY q tI4 DATE: April 27, 2010 T TO: Honorable Mayor and Q Members of the City Council y FROM: Office of the City Attorney U \ Leonie Mulvihill, Acting City Attorney cyL,FOP, Public Works Department Stephen Badum, Director MATTER: Civic Center: CW Driver Agreement [A09-00022] RE: Agenda Item 23 — Minor Revisions to Construction Manager at Risk Contract with C.W. Driver The Office of the City Attorney and City staff request a modification to the language of the Construction Manager at Risk Contract ("Contract") included in Agenda Item 23. We believe that these modifications are necessitated by risk management concerns and also are the result of a lower Guaranteed Maximum Price ("GMP"). Specifically, the revised GMP is $111,680 less than the GMP contained in the original Contract distributed to the City Council in the Agenda packet. A revised Exhibit A to the Contract is attached as Attachment 1 and reflects the revised lower GMP. A redlined copy of the revised sections to the Contract is attached as Attachment 2 for the City Council's consideration. A final copy of the revised sections to the Contract is attached as Attachment 3. We request and recommend that the City Council approve the revised sections and Exhibit A to the Contract included as Attachments 1 and 3 in place of those specific sections and Exhibit A contained in the original Contract distributed as part of the Agenda packet. Submitted eon Mulvihill Acting City Attorney Ki Badum Works Director C.W.river BUILDERS SINCE 1919 April 21, 2010 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 EXHIBIT A Re: Newport Beach Civic Center and Park Project Guaranteed Maximum Price (GMP) Mass Excavation and Shoring Construction Phase I C.W. Driver Project Basic Services Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5 100 C. W. Driver is pleased to submit our Guaranteed Maximum Price Proposal (GMP) for: a) The Mass Excavation and Shoring Phase of the Newport Beach Civic Center and Park Project b) C.W. Driver's Basic Services for the Newport Beach Civic Center and Park Project for on- site project staff and support facilities for all project construction phases as per current scope of work identified in the 100% DD set of design documents prepared by the architect, Bohlin, Cywinski, Jackson (Bq) dated February 18, 2010 and per C.W. Driver's attached construction schedule and For added clarification and detail of our proposed services, please see attached documents. C.W. Driver is very excited about the opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. The Total Phase I Proposal for these services is as follows: Item Description Total I C.W. Driver Basic Services for Civic Center & Park Project GMP 7,169,255 II Mass Excavation and Shoring Construction Phase GMP" 6,726,574 Subtotal 13,895, III General Liability Insurance (0.91%) 126,453 IV Direct Expenses Allowance for Project Bond (1.0%) 138,959 V Construction Management Fee (3.25%) TOTAL PHASE I 456,133 $14,617 Includes Contractor Construction Contingency Los Angeles Irvine Ontario San Diego License No. 102 Page 1 of 3 91 57Y Mass Excavation Construction Phase The GMP for this work is based upon the scope of work identified in the Mass Excavation Bid Set of Drawings by Bohlin, Cywinski, Jackson (Bq) dated March 17, 2010 including their Addendum #I for this package issued on March 31, 2010. (Please see attached drawing list.) C W. Driver's Project Basic Services C.W. Driver's Basic Services Proposal of $7,169,255 is a Guaranteed Maximum Price (GMP) for Basic Services labor and support services through the completion of the construction of the Newport Beach Civic Center Project as per CWD's attached construction schedule and for the scope of work identified in BCD's 100% Design Development Set of Project Documents and Specifications dated February 18, 2010. Please see the attached C.W. Driver attachments for a detailed breakdown of the services included in this proposal. Basic Services Labor = $5,648,095 Basic Support Services = $1,521,160 Subtotal CWD Basic Services* _ $7,169,255 *Excludes Project Liability Insurance and Project Fee. Please see breakdown on the front of this proposal for these costs. Exclusions: a. Program Management and Preconstruction Services. (See separate CWD Proposal) b. Monthly Site Utility Consumption Including Site Offices (installation excepted) c. Project Night Watchman d. Materials and Soils Testing and Inspection e. Shuttle Services for Trades and Temporary Parking expenses f. Owner Scope Changes g. Unknown Subsurface Conditions h. Building Permit Fees i. Utility Company and Connection Fees j. Subsequent Construction Phases and Scope of Work not Addressed by the Mass Excavation Design Package k. Three Upper Most Concrete Retaining Walls at the North Park (only lower wall included) 1. Temporary Access Roads for Emergency Use Vehicles Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Sincerely, !� g Bruce Curry Project Executive CVVD Page 2of3 LICENSE N.. 102 C: Darren Mann, CWD Andy Feth, CWD Robert Shafer, CWD William Hahn, CWD Attachments: b Mass Excavation Drawing List Mass Excavation Phase I Trade Package Summary b Basic Services GCM List b Basic Services Labor Matrix b Construction Schedule b Project Rate Sheet Page 3of3 LIC&NSF, No. 102 ATTACHMENT Revised Sections to Construction Manager at Risk Contract in Redlined Form 6.1.1 As of the Effective Date, the City and the CM agree that the Guaranteed Maximum Price is fourteen million, five six hundred seveRteen five thousand and six three hundred ninety-four seventy-fbu dollars ($14,505.694 14,61 74), which is inclusive of the Cost of the Project as respects the bid package(s) identified in Exhibit B, the Fee for Basic Services, the Direct Expenses and the CM Fee of 3.25%. CM's Basic Services labor rates are understood and agreed to be as detailed in Exhibit A. 7.1 Insurance Without limiting the CM's indemnification of the City, and prior to commencement of work, the CM shall obtain, provide and maintain as a cost of the work during the term of the Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to the City. It is understood and agreed that the cost of such liability insurance cost shall be deemed to be 0.91 % of the total of the Cost of the Work and Basic Services. Requirements of specific coverage features or limits contained in this Article are not or a waiver of any type. Insurance coverage and limits provided by the CM and Contractor operations limits the application of such insurance coverage. The City may elect to implement an Owner Controlled Insurance Program (OCIP). An elects to implement an OCIP, it will issue an addendum to this Agreement and will purchase certain insurance coverages covering on-site construction activities for enrolled and eligible Contractors which may include workers' compensation general liability, and excess liability coverage. All other insurance terms and conditions referenced below and not amended in any addendum to this Agreement remain. In the event that the City elects to alter the insurance requirements set forth in this Section 7.1, the CM shall be entitled to an adjustment to the Guaranteed Maximum Price in accordance with Section 6.1.12. 7.1.4(b) Coverage Requirements General Liability Coverage. The CM shall maintain commercial general liability insurance in an amount not less than $25,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under the Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. ATTACHMENT Revised Sections to Construction Manager at Risk Contract in Final Form 6.1.1 As of the Effective Date, the City and the CM agree that the Guaranteed Maximum Price is fourteen million, five hundred five thousand and six hundred ninety-four dollars ($14,505,694), which is inclusive of the Cost of the Project as respects the bid package(s) identified in Exhibit B, the Fee for Basic Services, the Direct Expenses and the CM Fee of 3.25%. CM's Basic Services labor rates are understood and agreed to be as detailed in Exhibit A. 7.1 Insurance Without limiting the CM's indemnification of the City, and prior to commencement of work, the CM shall obtain, provide and maintain as a cost of the work during the term of the Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to the City. It is understood and agreed that the cost of such liability insurance cost shall be deemed to be 0.91 % of the total of the Cost of the Work and Basic Services. Requirements of specific coverage features or limits contained in this Article are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Insurance coverage and limits provided by the CM and Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. The City may elect to implement an Owner Controlled Insurance Program-(OCIP). An OCIP is a series of insurance policies issued by one or more companies to cover the enrolled Contractor and eligible subcontractors of all tiers for a given contract. if the City elects to implement an OCIP, it will issue an addendum to this Agreement and will purchase certain insurance coverages covering on-site construction activities for enrolled and eligible Contractors which may include workers' compensation, general liability, and excess liability coverage. All other insurance terms and conditions referenced below and not amended in any addendum to this Agreement remain. In the event that the City elects to alter the insurance requirements set forth in this Section 7.1, the CM shall be entitled to an adjustment to the Guaranteed Maximum Price in accordance with Section 6.1.12. 7.1.4(b) Coverage Requirements General Liability Coverage. The CM shall maintain commercial general liability insurance in an amount not less than $25,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under the Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Newport Beach Civic Center f J, t� • �r cost Timeline r t DESIGN Pro- Devgn • CmCePi ReRnement Schemaut Design & Deagn Development SD & DD (onstrumon Documents, CD fanstwc6on Supp—, SD Grotethnual Design -,_,_,v �-_ proleet Management Pre Deugn P,W Management SD & DD project Management CD 5647,016 $1,779.450 --- Moles Managemem CS DuetF p � `,45(,1ti llllllj $7 ya'G 3bT• Corn tv MrgtF e(PCFt& wrrheed)(7 JS%l $b /765]4 f MPPha,rt MaiSEaavehdn8 $htxing wall ,_,,,_ �— $ft,D?0;(NM` GMppha,r•1 0rugn Aisnt/Ourtd Parking Structure ,_ -- GMP {'hnih 4 (tY Dall, 4rb,4r t 5R. JOU 1%1() _ - _..___ _... L,b.ary F P ori SS0,00.! (W' (x1914,11 01111"g S38 UOQ 090' ,__ _„ ,T Nrrlh t..e)Ilral 85outh Park tnyw mems -.. _ 170D.000 �,._.�,_ ...._.. G: �Ilr Irve (on5i/p 4p IEe.�. ' I 57 5UO tNq -. it al s-% M-1 Ped D osung 2: _— 76 'Rairtl uPon 55hrmatr< Ih•vgn lstrm,1trol i 11 51US.WU,I%%) fur Construchon CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Deputy Public Works Director/City Engineer 949-644-3328 or dawebb@city.newport-beach.ca.us SUBJECT: New City Hall Facility, Contract No. 4021 - Authorize a Budget Amendment for Various Initial Supplemental Consulting Services Necessary to Support Future Design Activity RECOMMENDATION: Approve a budget amendment appropriating $150,000 from the General Fund unappropriated fund balance to Account 7410-C1002009 to retain professional consultants for various initial supplemental services necessary to support future design documents for the proposed City Hall facility on Avocado Avenue adjacent to the Central Library. DISCUSSION: On Tuesday, February 5, 2008, the citizens of Newport Beach approved a ballot measure authorizing the relocation of a new City Hall facility on City owned property along Avocado Avenue adjacent to the existing Central Library. City staff has been requested to proceed with necessary advanced consultant selection, studies, research and environmental review/processing/permitting work to support the anticipated future design documents. A few of these services will possibly include a detailed geotechnical study, site survey, traffic circulation study of the area, environmental review and permitting, and lead consultant competition/selection. These initial supplemental services will be performed under either existing on-call professional services agreements or new agreements meeting the guidelines of Council Policy F-14. Environmental Review Not applicable at this time. - ew City Hall Facility - Contract No. 4021 — Authorizt. judget Amendment for Various Initial Supplemental Consulting Services Necessary to Support Future Design Activity February 26, 2008 Page 2 Funding Availability Upon approval of the recommended budget amendment,sufficient funds will be available in the following account: Account Description City Hall New Prepared & Submitted W David Webb, -Deputy Public Works Director/City Engineer Attachment: Budget Amendment Account Number Amount 7410-C1002009 $150,000 Total: $150,000 Submitted Public Works Director C' y of Newport Beach BUDGETAMENDMENT 2007-08 'ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates x J Increase Expenditure Appropriations AND �� Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 08BA-048 AMOUNT: $50,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations from General Fund unappropriated fund balance for various initial supplemental consulting services necessary to support future design activity for a new City Hall. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3505 General Fund - Fund Balance NUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Sigi tea: Signed: City Manager Amount Debit Credit $150,000.00 " $150,000.00 Automatic J -/S- Director Date Q Da City Council Approval: City Clerk Date Description Division Number 7410 City Hall Construction Account Number C1002009 City Hall New Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Sigi tea: Signed: City Manager Amount Debit Credit $150,000.00 " $150,000.00 Automatic J -/S- Director Date Q Da City Council Approval: City Clerk Date