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Home My WebLink AboutC-7022-2 - Newport Theater Arts Center Building ImprovementsNovember 22. 2017 Optima RPM, Inc. Attn: Maykel Hanna 17945 Sky Park Circle, Suite D Irvine, CA 92614 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 � 949-644-3039 Fnx newportbeachca.gov Subject: Newport Beach Theater Arts Center Building Improvements — C-7022-2 Dear Ms. Hanna: On November 22, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 23, 2016 Reference No. 2016000593849. The Surety for the contract is American Contractors Indemnity Company and the bond number is 1001006807. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure PREMIUM IS FOR THE CONTRACT TERM AND IS SUBIECI TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001006807 Executed in duplicate FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,399.00 being at the rate of $ 18.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for (1) distributing construction notices to nearby businesses and residents, (2) removing asbestos mastic using a State Certified Asbestos Abatement Contractor, (3) removing and disposing of existing roofing and structural beams, (4) making repairs to existing structural supports; (5) installing new wood beams, fiberglass composite roof, and Thermoplastic Polyolefin ("TPO") flat roof, and (6) completing other incidental items in place as required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Eight Thousand Eight Hundred Fifty One Dollars and 001100 ($188,851.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the 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 Optima RPM, Inc. Page B-1 expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of July 2r 1p: Optima RPM Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 S. Figueroa Street, 16th FI., Los Angeles, CA 90017 Address of Surety (310)649-0990 Telephone APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: t By: Aaron C. Harp u,n al� ' hu City Attorney Igo-= Authorized Signa ure/Title Authorized Agent S rlatbwe Stephanie Hoang, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL. CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On O before me, Barbara Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/ber/their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. -yam I certify under PENALTY OF PERJURY under the CARBARA COPEL, f: D laws of the State of California that the foregoing C ;fo- ma paragraph is true and correct. i e n. 4Lr ....r 7 WITNESS my hand and official seal. G' Signature:= Signatureo otary Public c� Place Notary Seal Above --- - - - - -- _ ----__ OPTIONAL ------- _ -----� — Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY AMOVEAM ABY THESE PRESENTS: That American Contract Ron -.IS a California corporation, Texas -AW!"W}W an assumed name of American Contractors Indemm atter--I tines Surety Company, aMaryland — orpWon std U.S. Specialty Insurance Company, a Texas corporation (c ctivee"e 'Companies"), do by these presents make, constitute and appoint: Eric Lowey, Stephanie Hoang, Mark Richardson, Shawn Blume, Jennifer Anaya or Kevin Cathcart of Costa Mesa, California its true and lawful Attorney(s)-in-lid capacity if more than one is named above, with fultawff il" hereby Sonferred in its name, place;/ 1 xwfnXc cnowledge and deliver any and all bonds, recogmzane s nnrle: kilt s _ or other instruments or contracts sufrr ship to include riders, amendments, and consents of surety, pruvsdmgf Ye bond penalty does not exceed *****Ten Million***** Dollars ($*1Q *u0Q000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: vIvW-tW7lIEPresident, any Vice -President, any Assistant Vice -President, any S>met�s e y shall be and is hereby vesredwith full lbw ari MMMT rma any one or more suitable person as Attorney(s)-in-Fact to reftguraid acluf6rM f of the Company: subject to the following Auomey-in-Fact may be given full power and authority for and in the name of and on behalf oliTie Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by ft9orporm: 40aFasfary_y. J}e-r7Reaoiveak thatth&gnature of any au or ic®ndi 't�ompany heretofore or hereafter affixed to my power of attomey3e=, 92a fico _ M fhere-Fo by iacsunite�and zny power of attor�q _' �ile signature or facsimile seal shall he valid and binding upon the i rtm — tma r- �nyiwnd or untertaki ig to which it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY -TEXAS Bl1OMPANY _ UNITED STATES SURETY COMPANY U.S. SPEC -LA MQW— ANY - - NRPMMI® 18.1(1890 officer corn certificate is County of Los Angeles SS: ,_ By: rDanrel P. Agudar, Vice President ,1 5 ! dimly the identity of the individual who signed the >ess, accuracy, or validity of that document. On this 1 at day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors -Inde imilLCompany, Texas Bonding Company, United, States Surety Company and -U.S. S�cia� n_surance Company who proved to me on AffikE �s�tot�evidence to be the person whose name is subscribed to the wnlrm iast�--o ar�cW ri ftlged to me that he executed the same in isxu[hierapac-and that by his signature on the instrument the person, or the end dioMhatffot:tn�erson acted, executed the instrument. cer( y`under PENALTY OF PERJURY under the laws of the State of California that thefregaig paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGDEZ-WONO Commission Jr 20/9771 Signature - &ate i �� - Notary Public - California : i� z Los Angeles County Come. a Dee 20, tot 7 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force andeffeet — R t itt _s _ have It , to set my hand attd affixed the seals of Aild nzpam s ZBds Angeles, California thisy day Corporate Sealstis �(�`J'�/�-� •a° 3 co' floss -qpE Bond No. t001CC(CeQ ,�, ' �. Michael Chalekson, Assistant Secretary s Agency No. 18200 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE <ra. w ell6 t_,M A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 11, 2016 before me, Elizabeth I. Ramirez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Hanna of Signe yvJ' who proved to me on the basis of satisfactory evidence to be the person whose name(s) is subscribed to the within instrument and acknowledged to me that he/06Ay executed the same in his/he 444ir authorized capacity0a)' and that by hisok"r signature on a instrument the perso or the entity upon behalf of which the person(,s�T acted, executed the i strument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. bowft�ZABE7H I. pi1MIREZ E WITNE S m official seal. EU mmission # 2055808 Notary tary Public • Calltornia Signature Orange County Comm• E 'res Feb 21, 2018 Signatu e o No ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Number of Pages: a, Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) S}}'ar's Name: Maykel Hanna �1Corporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 7 Guardian or Conservator ❑ Other: Signer Is Representing: _Optima RPM Inc. Date: 7/8/2016 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 January 27, 2017 Optima RPM, Inc. Attn: Maykel Hanna 17945 Sky Park Circle, Suite D Irvine, CA 92614 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov Subject: Newport Beach Theater Arts Center Building Improvements C-7022-2 Dear Ms. Hanna: On November 22, 2016 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 23, 2016, Reference No. 2016000593849. The Surety for the bond is American Contractors Indemnity Company and the bond number is 1001006807. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Executed in duplicate EXHIBIT A Premium listed on Performance Bond CITY OF NEWPORT BEACH BOND NO. 1001006807 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for (1) distributing construction notices to nearby businesses and residents, (2) removing asbestos mastic using a State Certified Asbestos Abatement Contractor, (3) removing and disposing of existing roofing and structural beams, (4) making repairs to existing structural supports; (5) installing new wood beams, fiberglass composite roof, and Thermoplastic Polyolefin ("TPO") flat roof, and (6) completing other incidental items in place as required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the fumishing 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, American Contractors Indemnity Company - duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Eight Thousand Eight Hundred Fifty One Dollars and 00/100 ($188,851.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Optima RPM, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of July 12016 . Optima RPM Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety , Authorized Signature/Title Authorized Agent Sig ure 601 S. Figueroa Street, 16th FI., Los Angeles, CA 90017 Stephanie Hoang, Attorney -in -Fact Address of Surety Print Name and Title (310)649-0990 Telephone APPROVED AS TO FORM: CITY ATT,Y' RN S OFFICE Date: Aaron C. HarpNM' 61.451 IG, City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completingthis certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVA. CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On KO before me, Barbara Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/dieir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. F �r � Gerlmtss n � 20 �,3G3 hc.ary PuNic C-Nornia Oran{; C ,ty 1y Ccroin. E p!res f.pr 19,2C117 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i Signature: t c J � Siguiu re of rtfary Public ---- — — OPTIONAL - -------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing Rev. 1-15 � P11, 01111[41116' 01111,�III'iIl16�'I� — — ' POWER OF TT A O Y AMERICAN. CONTRACTORS: INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY EBY THESE trll'';dlll — �ttican Contract to a Califomiamo g a assumed n arbors Indemn ann4ttes Surety Coate TS. Specialty Ins e an , a 6xas corporation (c tt thenpanies"), do by tiOr a rrrrr e, constitute and appoint. Eric Lowey, Stephanie Hoang, Mark Richardson, Shawn Blume, Jennifer Anaya or Kevin Cathcart of Costa Mesa, California a191V V,IVIIIIV'lu _. penalty does not This Power of At authority of the fol IN WITNESS WHEREOF, The Companies have caused this instrument to be <. 1st day of December, 2014. County of Los Angeles SS: On this tat day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary Contractors Ude—rallity Company, Texas Bonding Com q1I �,PVII,YII� s eSur evidnceSarbd tctye G that bmen, or the t 1111 bill ce imderTENALTY OF PERJURY �rb 9a a of tiro State of California thi WITNESS my hand and official seal. v w,"vv.vv.,., J. I under and by porate seals to be hereto affixed, this COMPANY ZANY r, Vice President Ilan P. Aguilar, Vice President of American to me iaragaph is true and correct. — - RK Sigoanue — — c „�.. . 6. ssinn02049771 6 2 _ — — gill hJJ oW, illi 6 > � — — 2 coir, ail 4 f r — _ t Ilg 20171 Iltal 11 - I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas BondingnCompany, United States Surety Company. and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a PI of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in. full force and effecLMAE— un Il I. II - — ' have ly,reuii sell I' t l the seals of sd atll L� teles Caliform �� Corporate Sealsa"'.c+a 4,ssugs.� :ostia roe s'"""'""w•'"s'°a ;_ �• }s� ,Por f + , Bond Na s;°�� ® �, $ t° i �q �t r11 Michael Chalekson, Assistant SecretaarX _ 1.-0'(IIIIIIII IIIiq,II — III;( it II 1I1111 Illiptl, - �� pltllll -- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange On July 11, 2016 before me, Elizabeth I. Ramirez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Sign who proved to me on the basis of satisfactory evidence to be the persoqWwhose nam90 is/ subscribed to the within instrument and acknowledged to meg that hh executed th p sa his hair authorized capacit and that b hislizel?1149r si natur on he instrument the erso or the entity upon behalf of which the person;acted, executed the instrument. ELIZABETH I. RAMIREZ .� Commission #F 2055808 a ':�: Notary Puolie . CaMornia i Z Orange County M Comm. EI Ira Feb 21, 2018+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rly hq.6d and ffic. I seal. Signature Signature of N Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: 7/6/2016 Number of Pages:�— Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer(s) Sp' ner's Name: Mavkel Hanna °vACorporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Optima RPM Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Cl Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: f/q-V vti NPe' vh _ uKv: e//tiil.�u.'t/ - r IJ • • •( • •v �•/.� irl tle irr � � .�� Document -2363713 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder NO FEE S R 0 0 0 8 8 7 3 9 6 3 8 201600059384910:49 am 11123/16 7SC5N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Optima RPM, Inc., Irvine, as Contractor, entered into a Contract on June 28, 2016. Said Contract set forth certain improvements, as follows: Newport Beach Theater Arts Center Building Improvements C-7022-2 Work on said Contract was completed, and was found to be acceptable on November 22. 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. BY 2 r Public Warks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on�Vurl'Utr/ dC/�N at Newport Beach, California. 11/23/2016 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Optima RPM, Inc., Irvine, as Contractor, entered into a Contract on June 28, 2016. Said Contract set forth certain improvements, as follows: Newport Beach Theater Arts Center Building Improvements C-7022-2 Work on said Contract was completed, and was found to be acceptable on November 22, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. BY �/ - I, el Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 1I pr�n (may n c Executed on ��V�r17/V► eu at Newport Beach, California. crrr CITY OF NEWPORT BEACH x NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 2nd day of June, 2016, at which time such bids shall be opened and read for NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 $ 210,000.00 Engineer's Estimate Approveby M rk Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classifications) required for this project: "B " For further information, call Peter Tauscher, Project Manager at (949) 644-3316 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONSTO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................ 5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2ntl Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute formatfor the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 961714 A & B Contractor's License No. & Classification 1000013611 6(3012016 DIR Reference Number & Expiration Date Optima RPM, Inc. Bidder 12 ZI *@@ President Autiforized Signature/7itle June 2, 2016 Date City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of (10%) Ten percent of the attached bid amount Dollars ($ 10% of bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS, Contract No. 7022-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 30th day of May , 2016. Optima RPM Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 S. Figueroa Street, 16th FI., Los Angeles, CA 90017 Address of Surety (310)649-0990 Telephone Authorized SignaturelTitle T (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT •. Y YYY Y Y Y Y Y MAX Y Y Y Y Y YY Y Y Y YIY Y Y Y YYYY Y Y Y t Y YYY Y AYYYYYY YYY YYYYY \YYY Y Y. Y a Y Y Y Y Y Y Y Y Y Y• State of California County of On Public, personally appeared ss. before me, Notary 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 hid/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($) 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) on ............. Y ....... moan ........ .................... Monza ..... YYY.... Y.YY... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Thumbprint of Signer F1 Check here if Capacity of Signer: no thumbprint _ Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO ^_ President / Vice -President / Secretary / Treasurer _ Other: Other Information: ACKNOWLEDGMENT .u••••.M a Oot••t•••••UNN....WOMEN• a•••• s•... v e••• t u•••••• v•••• u•>MMG!l m i s•t• State of California County of SS. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshefthey executed the same in his/her/their authorized capacity(ies), and that by his/herAheir 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) •��Y��f��••.......0 •............. a ...aaaa.• a •.....esnuv......a OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification _ Credible Witnesses) Capacity of Signer: _ Trustee Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other. Other 7 Thumbprint of Signer Check here if no thumbprint or fingerprint Is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CMI, CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfidness, accuracy, or validity of that document. State of California ) County of Orange ) On b _1 b before me, Barbara Copeland . Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(irs), and that by lrts/her/their signatare(s) on the instrument the person(s), or the entity upon behalf of which the person(,&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the BARBARA COPELAND laws of the State of California that the foregoing -_1- };• Commission # 2016348 Pz paragraph is true and correct. � ; ^ _._!<> ' Notary Pciono - ca8tornla - ' Orange County = WITNESS my d and official seal. M Comm. Expires Apr 19.2017 Signature: S Place Notary Seal Above ignatureNotary Public — ------------ – OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying m the document and could present fraudulent and reattachment of this form to another document Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ rndividual ❑ Corporate Officer – Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer – Title(s): ❑ Partner. ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 (11"R OF ATI ® — ... AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ISO 1~I T BY TFIESB P�,SITat erican Coritracto � om�i oto y, a Caiifprnsa c�p7Rttp� xca c �i_f � an assumed a� ��_lc�_iactors Indemnl gles Surety CI: 1 1,, =con�srtufe and appoint: Eric Lowey, Stephanie Hoang, Mark Richardson, Shawn Blume, Jennifer Anaya or Kevin Cathcart of Costa Mesa, California t i e nti Attomey(s)-in-fac ao mr�e r:` to capacity if moc�3f a on Iatt bove, with full ppwer_ dot AF t or r om its rtame, pia a ydSe c cknowledgeas i)af a g%ods,recogit DW`oCdM'alnr�.--- BE T --'a�ieis or contra s �i ;in itde riders, Q tsrtntse�Its of surety, u�d' tlre7o'tf(Ir NOIRE 'Feiralty does not exceed a *****TenMilfl n**** 4 Dollars ($ 0000** j. This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors ofthe Companies: Behr Remlead ih' a Presidetrt, any Vice-Presideaat, anistaStwPresiden4 arty Secretary any+.}� n 2 retery shell 6e and is hereb�yesteilh fui� 'ower � ' point any one or me6tl�ey{s)-irEFact m Sr� � fai�6f of the Compel - Eos tif�'nl 'nom e�d�- tiay�e given full powe n� ,ate-az�r�ie name of and on beha C aclmowled a and Imp rewgnirances, conlmets, agmemems or indemnity and other conditiorml or obligatory undumkings, including arty and all consents for release of mteined pementagu and/or final estimates on engineering and construction contracts, and my and all notices and documents canceling or terminating the Company's liability thereunder, and arty such instruments so executed by any such Attomey-in-Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. —BE& R�Iltre signature of arty au a Bc6,y y"Vu� fte Company heretofo�ntht d power of attorney or ficaie�-�cPalin ,'il <r a any power of att e q {c'$te a sande signatum or �vl ll �a _d binding upon th - - awtsp Mr RJffi i which it is alta. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Ist day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES Ste' ANY U.S. SPEW IN yp+ t�Q3 a+ieU' mi e 1�t3 's'mPi w z e Val.. i s it '• m �s 30}s�i �g a a$= Daorel P. Aguilay; Vice President h"uaRN1W un:nu Rnn°n`A� "'nFnW1M"��4°•nnm,a�,Mnd tactic rlrer officer comple n ertca a v ri'i s only the identity o€thenadhred the - oeurr�.at to uch is certificate is s } {i(n p i ess, acwmcy or t t aft INS WAAWT., �oWtyofLos Angeles SS: Onthis 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personalty appeared Den P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the bast tis ry evidence to be the perso wh me abscdbed to the mthin ins men .. ac owledged to me that he executed thc�afe irt'a a q attd that by his Sr a d�+i�+^,� person, or the eon b o -beta o,,.��ti��tiI hic di`e person acted, mol tlimirts� um �s II, Sl7s'P jt ®i I i Y OF PERIUIt t¢�t l� `mteaf California the e o in his a said correct. _ ie fl i;]ESS my hand and official seeL MARIA 8. ROORIGOEbWORG Commission N 2019771 Srgnamre (Seal) z` .i Notary Poblle - California z �9#eOr lbavrmm 2017 r'v ichae(£haTekson , Assistant Secreta •y �o A ericen clots Indemnity Com,raslMdmg Company, United SCompany and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. I have �or{iorateSeals Fp S ,9 NGLKUM1k `+ nWl 13'S Bond No. bT �A�nc�T zoo { Os i geles, Calif irni - i '4 int Michael Chalekson, Assistant Secretary s + MIN � F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE JMMIMMIM A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Cou-'n-'tt'y of ()Tatj5Z'C j ) On �" before me, �17Q4 1n a f 7i�i iy9 i (�, Here 1 sett Name and 77t1f the Offlc r personally appeared M04uNCA lIk�UN Namef l Signers) who proved to me on the basis of satisfactory evidence to be the personja) whose nam*) is/W subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/laef/ttLair authorized capacity�and that by hlsltte AN?iMignature,(s) on the instrument the persona, or the entity upon behalf of which the persoactecl, executed the instrument. ELIZABETH 1. RAMIRE2 commission 6 2055808 - t(alary Public - Calitoinia Orange County M Gomm. Ex fres Feb 21, 2018! Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI7)JES y hand fficial se3F�� Signature i Signature o N ary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Domegt u Title or Type of Document: t c14Ca Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les) Claimed Aby Si n r s) Sigma' Name: '�u�-W &?'Corporate Officer — Title(s): ❑ Partner — Ll Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: V_NA�klr� ON Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: o t - .. .. .. :rr a :r� : •� City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount In excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name om Add Phone:. State License Number.§-, DIR Reference: Email Address: Name: quality Environmental, Inc, Address: 13123 Lakeland Road, Unit A Santa Fe Springs, CA 90670 Asbestos Abatement Phone: 562-941-1434 State License Number: 876494 �f DIR Reference: \oocIX)lS\\ Email Address: Name: IDSA Y� Address: -0 ' �'�F"41J�n�P� r-* O r �V a�C� �1llY Phone: State License Number: C ca 1 C& /� DIR Reference: � O G p� Email Address Optima RPM, Inc. �14m President Bidder Authorized SignaturelTitle 0 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 TECHNICAL ABILITY AND REFERENCES Contractor must use this form! ll Please print or type. Bidder's Name Optima RPM, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Big Canyon Reservoir Auxiliary Yard Project Description Removal of existing residential garage unit and construction of new storage building Approximate Construction Dates: From 6/21/2014 To: 2/15/2015 Agency Name City of Newport Beach Contact Person Peter Tauscher Telephone ( ) 949-644-3316 Original Contract Amount $1,207,959 Final Contract Amount $ 1,207,959.00 If final amount is different from original, please explain (change orders, extra work, etc.) INV Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NIA No. 2 Project Name/Number SWEC Annex Renovations Project Description Renovation of eduction center Approximate Construction Dates: From 11/7/2011 To: 4/30/2012 Agency Name Rio Hondo College District Contact Person Ken McElroy Telephone ( ) 562-692-0921 Original Contract Amount $497.000 Final Contract Amount $ 497.000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Mission Viejo Library Story Time Remodel CIP 601 Project Name/Number Project Description Remodel of City's story time room at library Approximate Construction Dates: From 5/7/2012 To: 9/7/2012 Agency Name City of Mission Viejo Contact Person Archie Rhemper Telephone ( ) 949-248-3558 Original Contract Amount $ 488.600 Final Contract Amount $ 523,955.00 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work requested by Owner Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 44 Project Name/Number ABC USD Central Kitchen Remodel -Phase 1 Project Description Remodel of District's Central Kitchen Approximate Construction Dates: From 7/15/2013 Agency Name ABC Unified School Distrrict To: 11/1/2013 Contact Person Joshie Cox Telephone ( ) 562-926-5566 Ext 21218 Original Contract Amount $ 580.000 Final Contract Amount $ 606.718.00 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work requested by Owner Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 5 ABC USD Central Kitchen Remodel -Phase 2 Project Name/Number Project Description Remodel of District's Central Kitchen Approximate Construction Dates: From 8/15/2014 To: 1/15/2015 Agency Name ABC Unified School District Contact Person ,inshie rnx Telephone ( ) 562-926-5566 Fxt 91218 Original Contract Amount $895,585 Final Contract Amount $ 895,585.00 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work requested by Owner Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 11 No. 6 Project NamelNumber Newport Beach Lifeguard Headquarters Project Description Tenant improvements to City's lifeguard headquarters Approximate Construction Dates: From 12/16/2013 To: 7128/2014 Agency Name City of Newport Beach Contact Person Peter Tauscher Telephone ( ) 949-644-3316 Original Contract Amount $1,803,388 Final Contract Amount $ 1,803,388.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or onsite Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. / Optima RPM, Inc. / il/U(// Qhm President Bidder Adthorized Signature(ritle 12 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 NON -COLLUSION AFFIDAVIT State of California ) ) as. County of Orange ) Mohamed Mamoun being first duly sworn, deposes and says that he or she is President of Optima RPM Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has 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 regoing is true and correct. Optima RPM, Inc. President Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of 2015 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SEE ATTACHED APPROVED Notary Public [SEAL] NOTORIAL FORMAT 13 My Commission Expires: CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 3 ,t Signature of Document Signer No. 9 Signature of Document Signer No. 2 Of A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ELIZABETH I. RAMIREZ Commission # 2055808 - Notary Public - California i orange County Comm, E tree Peb 21, 2016 Subscribed and sworn to (or affirmed) before me on this _AA day ofZ�M 20_[(P, by - Date Month Year (1 (and proved to me on to be ^a pier Signature sy evidence before me. Seal Piece Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . -1 ] • • • �Ce3ai! ALeu1T•7�ai�\1►1�[\ + • • .+1�IIli .- Other Than Named •.. o r .. .. :r• v •:rr City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 DESIGNATION OF SURETIES Bidder's name Optima RPM, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Agent: Pinnacle Surety Services 151 Kalmus Drive, 4A201 Costa Mesa, CA 92626 Phone: 714-546-5100, Shawn Blume Surety: American Contractor's Indemnity Company 601 South Figueroa Street, 16th Floor Los Angeles, CA 90017 Phone: 310-649-0990 14 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Optima RPM, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. M Current Record Record Record Record Record Year of for for for for for Record 2016 2014 2013 2012 2011 Total 2016 No. of contracts 4 25 20 20 3 0 72 Total dollar Amount of Contracts (In 3.5Million 12Million 3.5Million 3AMillion 1.6Million 0 24Miliion Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No, of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 anotherjob 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. M Legal Business Name of Bidder Optima RPM, Inc. Business Address: 17945 Skky Park Circle Suite D Irvine, CA 92614 Business Tel. No.: 949-724-1399 State Contractor's License No. and Classification: 961714 A & B Title President The above information was compiled from the records that 6re available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date June 2, 2016 Title President Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Vice President, Secretary, RMO Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partnerMoint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. rNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDt 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT CIVIL CODE .a3 n2 aL/s�'.gtni.ca',aac�3Cc�: �� a3!sAJ!dG:��'/R< gL:�2.aL:��t.a2h_a��✓.KKa%'tt/:2YCC✓�t�t/i�G/c<2C:�2-ai.�i./�.��L/'.Sf�ent �t a•. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of v �t ) On before me, CAriZ'r_�li1�Y Date 1 v��1�1Here Insert Name ii personally appeared -tl7h IYYrA. 1 Y mlA Y � 1111 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),eare subscribed to the within instrument and acknowledged to me thatWaW/they executed the same in /their authorized capacity(les), and that by-MSfJ�or/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. liiiiiiiiiiiiillllllllllllllllliiiiilllllliiiillllllllllllllllllliiiilllI ELIZABETH i, ftAMIREI commisaron t 2055808 a rypblic- CWORM =OnMte Courcy M Comm. H lres Fab 21.201 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S Rign et seal. Signature of oto Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:Y01(AhnLT� Number of Pages: _ Signer(s) Other Than Capacity(ies)aimed by Si er(s) Sig Name b 0' orporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:[ + ocurrLep1 Date: to Si 'shame: Ytl`1� Corporate Officer Tit e(s): 1-1Partner — ❑ Limited El Gen ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: t Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Optima RPM, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Corporation Business Address: 17945 Sky Park Circle Suite D Irvine, CA 92614 Telephone and Fax Number: 949.724.1399 Phone 949.724.1851 Fax California State Contractor's License No. and Class: 961714 A & B (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/30/2011 Expiration Date: 6/30/2018 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Maykel Hanna, Vice President Akmal Hanna, PM The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Mohamed Mamoun, President -Treasurer -Manager 2 Mt. Vernon Irvine, CA 92620 Phone 949-529-7948 Maykel Hanna, Vice President,-Secretary-RMO 17 Grenache Irvine, CA 92614 Phone 949-529-7949 Corporation organized under the laws of the State of Californa in The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No `R7 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Optima RPM, Inc. Bidder Mohamed Mamoun (Print name of Owner or President of Corporation/Com pa President Authorized Signature/Title President Title June 2, 2016 Date On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: SEE ATTACHED APPROVED NOTORIAL FORMAT 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of "�✓ ) n^ i On before �i1^�}W—N�&I Date Here Insert Name and Title of the Officer personally appeared Of who proved to me on the basis of satisfactory evidence to be the persogK whose nameA ism subscribed to the within instrument and acknowledged to me that he/slgX y executed the same in his w8biair authorized capaciusf and that by hist Waheir signature,* on the instrument the persol)(s), or the entity upon behalf of which the persopWacted, executed the instrument. EUZABEIH I. RAMIREZ commission # 2055808 = :r Notary Public • calilornia Orange County wiyComm.Espiras Fab 21.2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu nt n Title or Type of Document. a Docunle47t Date: ly Number of Pages: � Signer(s) ther Than Named Above: (� Capacity(ies) Cby ai Sig q r Signer's Name: otCA f orporate Officer — Title(s): Partner - ❑ Limited ❑General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY CURK NEWPORT BEACH THEATER ARTS CENTER BUILDING IMPROVEMENTS CONTRACT NO. 7022-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 28th day of June, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and OPTIMA RPM, INC., a California corporation ("Contractor"), whose address is 17945 Sky Park Circle, Suite D, Irvine, California 92614, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) distributing construction notices to nearby businesses and residents, (2) removing asbestos mastic using a State Certified Asbestos Abatement Contractor, (3) removing and disposing of existing roofing and structural beams, (4) making repairs to existing structural supports; (5) installing new wood beams, fiberglass composite roof, and Thermoplastic Polyolefin ("TPO") flat roof, and (6) completing other incidental items in place as required by the Plans and Specifications for Contract No. 7022-2 as well as the Standard Specifications for Public Works Construction (current adopted edition and all supplements) (the 'Project' or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all "Contract Documents," as such phrase is defined in Section 1 below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7022-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eighty Eight Thousand Eight Hundred Fifty One Dollars and 001100 ($188,851.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Maykel Hanna to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Optima RPM, Inc. Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Maykel Hanna Optima RPM, Inc. 17945 Sky Park Circle, Suite D Irvine, CA 92614 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Optima RPM, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. �� 10L 15] 11 re 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION 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. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Optima RPM, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of 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 co -tenancy, 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. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be Optima RPM, Inc. Page 5 responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Optima RPM, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Optima RPM, Inc. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, Optima RPM, Inc. Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Optima RPM, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corpoygtion I / Date: -7 I till (0 Date: rn e By: `�M v ""W lfv�- Aaron C. Harp «M O+ie I1V City Attorney ATTEST: nate- Y B : AW �' y Leilani I. Brown v City Clerk By: v Diane B. Dixon Mayor CONTRACTOR: Optima RPM, Inc., a California corporation Date: 7 /Y/ z „ 1L By: Mohammed Mamoun President Date: ?1-!;,12 -16, By: r"Y-- q� _ Maykel Hanna Secretary [END OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Optima RPM, Inc. Page 10 Executed in duplicate EXHIBIT A Premium listed on Performance Bond CITY OF NEWPORT BEACH BOND NO. 1001006807 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for (1) distributing construction notices to nearby businesses and residents, (2) removing asbestos mastic using a State Certified Asbestos Abatement Contractor, (3) removing and disposing of existing roofing and structural beams, (4) making repairs to existing structural supports; (5) installing new wood beams, fiberglass composite roof, and Thermoplastic Polyolefin ("TPO") flat roof, and (6) completing other incidental items in place as required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, American Contractors Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Eight Thousand Eight Hundred Fifty One Dollars and 00/100 ($188,851.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Optima RPM, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of July , 20 16 . Optima RPM Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety Authorized Signature/Title Authorized Agent Sigpe ure 601 S. Figueroa Street, 16th FI., Los Angeles, CA 90017 Stephanie Hoang, Attorney -in -Fact Address of Surety Print Name and Title (310)649-0990 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 711LOW By: aNA&kt�-- Aaron C. Harp NM Mt3 16 City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 1 ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Oran ett ) On SCJ before me, Barbara Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tixeir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. '6ARB"RA Cir tP:idO Commission 8 2010340 Notary Public C Iifornia Y Orange County Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /C Signature: )Lz, signature of ' y Public OPTIONAL — -—_�----_-_�— Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW AIS. XfM_BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, art assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (cotiectively, the "Companies'), do by these presents make, constitute and appoint: Eric Lowey, Stephanie Hoang, Mark Richardson, Shawn Blume, Jennifer Anaya or Kevin Cathcart of Costa Mesa, California its true and lawful Attorney(s)-in-fact, each its their stomia capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contractsW suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million***** Dollars ($_!!!2,000,000-00** )- This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: -. Be it Resolved that thkEresident, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Seereotary shall be and is hereby vested with full .power and authority to appoint any one or mom suitable persons as Attorney(s)-in-Fact to represent end act for and on beef of the Company subject to the following prc�ons: Aisohigy-in-Fact may be given full power and authority for and in the time of and on behalf offtie Company, to execute, acknowledge and deliver, arty and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. ---- Beit Resolved, that the signature of any authorized irfficeeanfi �VfipCornpany heretofore or hereafter affixed to any power of attorney army certificate relating thereto by facsimile, and arty power of attorney arcertificate beating faerile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attwhetL IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. _ AMERiCAN CONTRACTORS INDEMNNITY COMIPANY TEXAS BONDING COMPANY CoiPora els - UNITED STATES SURETY COMPANY U.S. SPECIALTYINSURANCE COMPANY w„u, l r i'+o PwS,eURF�"* ao�ONa Nc ce "a `otmnu�anc,` - 14!°NAOVA® ASCG' 'Z' yt'B- k'�, s r Daniel P. Aguilar, Vice President t,t , "'�,yOF. to+�""'aruii,m"„`oa A notary public or other officer complethig- air Caa.ven`fies..only the identity of the individual who signed the _ document to which this certificate is at*%K and Twitheandtfideness, accuracy, or validity of that document. State of California County of Los Angeles SS On this Ist day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. SpecialtgJinarrance Company who proved to me on the basis of satisftk;fi�evidence to be the person whose name is subscribed to the within insmanem amt ackitowledged tome that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the en nfiekiehalfofwhiclt the person acted, executed the instrument. _I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official net. MARIA G. RODRIGUEZ•WONG Commission N 2049771 Signature (Seaq__ _ Notary Public. California i -- - z los AngelesCounty ' - Comm. Ez res Dee 20, 2017+ - -_ I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witriess Wheil:41 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day Of Corporate Seals cr "w„ su o a M""1°'O"' -- rll iRP ORsr .t a RET2 oN G�n..c �. hy\n,ura�ek'.. ,Itt177ijjAA y / o,I,4 �<z euwum � 7 = Bond No.�b�% � r °@ € x' f`> Michael Chalekson, Assistant Secretary Agency No. 19200 „�,�`�r .Nwnx, °' X13„r,.a T"rFOFtei'"•a ''z,;w," ` rnnwnn" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orang On July 11, 2016 before me, Elizabeth I. Ramirez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Maykel Hanna Nameyof Signer(af who proved to me on the basis of satisfactory evidence to be the person whose nam is/ subscribed to the within instrument and acknowledged to me that he/s executed th6 samb in his/Or heir authorized capacitoes) and that by his& ef/i adr signaturpWon the instrument the persoVK, or the entity upon behalf of which the person acted, executed the instrument. ELIZABETH I. RAMIREZ agCommission # 2055808 Notary Public - California i Orange County M Comm. EI fres Fab 21, 2018 r I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSy h d and ffia I seal. Signature Signature ;eNtj Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond Document Date: 7/8/2016 Number of Pages: k— Signer(s) Other Than Named Above: NIA Capacity(ies) Claimed by Signer(s) Sinner's Name: Mavkel Hanna Corporate Officer — Title(s): Vice President ❑ Partner — L Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Optima RPM, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General F. Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 UM IS FOR THE CONTRACT TERM AND IS PIDJUSTMENT BASED ON ' FINAL CONTRACT PRICE TO A Executed in duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001006807 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,399.00 , being at the rate of $ 18.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for (1) distributing construction notices to nearby businesses and residents, (2) removing asbestos mastic using a State Certified Asbestos Abatement Contractor, (3) removing and disposing of existing roofing and structural beams, (4) making repairs to existing structural supports; (5) installing new wood beams, fiberglass composite roof, and Thermoplastic Polyolefin ("TPO") flat roof, and (6) completing other incidental items in place as required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Eight Thousand Eight Hundred Fifty One Dollars and 001100 ($188,851.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the 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 Optima RPM, Inc. Page B-1 expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of July 201P_ Optima RPM Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 S. Figueroa Street, 16th FI., Los Angeles, CA 90017 Address of Surety (310)649-0990 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:By: Aaron C. Harp uM �iltahta City Attorney Authorized Signa ure/Title Authorized Agent Sie Stephanie Hoang, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On O before me, Barbara Copeland Notary Public, personally appeared Stephanie Hoang Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -------------------- �. CARBARA COPcLF.tdO ComnIssion # 2016318 u Notary PublicC lito-rnla " Orange Cooney Ok My G:pires ^;or 19, 21' 17 +rev ve^owY►� . Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:4-P' Q ' Signature ofyotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Crunpanlyi an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric Lowey, Stephanie Hoang, Mark Richardson, Shawn Blume, Jennifer Anaya or Kevin Cathcart of Costa Mesa, California its true and lawful Attorney(s)-in-fact, eadfrinlheii separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, tb executes acknowledge and deliver any and all bonds, recognizanus, undertakings or other instruments or contractssuretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million***** Dollars (S **10,000,000.00** . This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies-: Be it v t the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall he and is hereby vested with full vower and -a Ahmi0)r Wmat my one or more suitable persons as Anamey(s)-in-Fact to rep est and act for and on behalf of the Company subject to the following - Atorney-tn-Fact maybe given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, rewgniaances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so "muted by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Smodary. Be it Resolved, that tha signature of my autfunizzattafficMALwaluftheComparry heretofore or hereafter affixed to any power of attorney or any mnificate relating - thereto by facsimile, and any power of attorney or certifiraa� ile signature or facsimile seal shall be valid and binding upon the Company with impact to any bond or undertaking to which it is attached. - - - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACFORS INDEMNITY COMPANY TERAS BON.'Bm__COMPANY Cin rate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTYIX$QRX NCE CBMPANY ._. x#ssOgy yams `gptie�r s, ex ` errarow,m - `n o= n se w m w 7� w! tisa A notary public or other officer corn document to which this certificate is State of California County of Los Angeles SS: it r s ,y'" Daniel P. Aguilar, Vice — Presid ifrest+nly the identity of the individual who signed the 5fulness, accuracy, or validity of that document. On this I at day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and. U.S. Specialty Insurance Company who proved to me an the bans of Mislaptary evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his andiorizedt and that by his signature an the instrument the person, or the entDy aw abehalf-ofmidek the person acted, executed the instrument. '- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIAG. RODRIGUEZ-W0N6 Commission N 209771 _ Signature (seal) z:�.� Notary public. California z los Anpelss County Comm, Ugots Dee 20 2017+ I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and of wL - ln Witt MWIRstre4-1have hgteu to set my hand and affixed the seals of said Companies at Los Angeles, California this ?f day Corporate Seale ``4o�lMcro"A,"iymi `t*s suRF?}� aaaf _iHpb J \,t\�sv'a��a", ///�///�(�� Com,, .� i Bond No.1t)c3iCX�lo�O"] 'E"m �" ;�\<+ r'= Michael Chalekson, Assistant Secretary Agency No. 18200 "� s g A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 11, 2016 before me, Elizabeth I. Ramirez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Hanna of SigneX who proved to me on the basis of satisfactory evidence to be the person whose name(s) is* subscribed to the within instrument and acknowledged to me that he/ A y executed the same in his/Ftef/fir authorized capacity�esj, and that by his��r signature on a instrument the perso� or t e entity upon behalf of which the perso7 acted, executed the 111sinument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELIZABETH 1. RAMIREZ F WITNE n fficial seal. commission # 2055(!08 Notary public • Calitotnia y Signature Mange cc y res Feb 21, 2018+ g Signatu a of No Public Comm. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Number of Pages:�c � Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Mavkel Hanna Corporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: Optima RPM, Inc. 7/8/2016 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General P. Individual ❑ Attorney in Fact ❑ Trustee I I Guardian or Conservator f7 Other: Signer Is Representing: NOW r . . • :r• • :rr : •r CERTIFICATE OF INSURANCE CHECKLIST City of Newport Reach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/13/16 Dept./Contact Received From: Raymund Date Completed: 8/2/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Optima RPM, Inc: Newport Beach Theater Arts Ctr. Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/9/16-5/9/17 A. INSURANCE COMPANY: Great American Assurance Company B. AM BEST RATING (A-: VII or greater): A+:XN C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? IM/2M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/9/16-5/9/17 A. INSURANCE COMPANY: Nationwide Mutual Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/28/16-6/28/17 A. INSURANCE COMPANY: NorGUARD Insurance Company B. AM BEST RATING (A-: VII or greater): A+:IX C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK EFF: 7/21/16-10/21/16 CARRIER: EVANSTON INS CO RATING: A: XV NON -ADMITTED LIMIT: 99,000 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 8/2/16 Date ® Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed due to Builder's Risk carrier being non -admitted. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS Contract No. 7022-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7022-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: June 2, 2016 Date 949-724-1399 Phone 4 -7 4-1851 Fax Bidder's Telephone and Fax Numbers 961714 A & B Bidder's License No(s). and Classification(s) Bidder's email address: mhanna@optimarpm.com PR -1 Optima RPM, Inc. Bidder President Bidder's Authorized Signature and Title 17945 Sky Park Circle Suite D Irvine, CA 92614 Bidder's Address City of Newport Beach Page 1 NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS (C-7022-2), bidding on June 2, 2016 10:00 AM (Pacific) Printed 06/02/2016 Bid Results Bidder Details Vendor Name OptimaRPM Address 17945 Sky Park Circle Suite D Irvine, CA 92614 United States Respondee Nick Amin! Respondee Title Project Manager Phone 949-724-1399 Ext. 210 Email namini@optimarpm.com Vendor Type CADIR License # 961714 CA DIR Bid Detail Bid Format Electronic Submitted June 2, 2016 9:36:38 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 81466 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittals Bid Submittals .pdf BID SUBMITTAL Subs Subcontractors.pdf SUBCONTRACTOR LIST Bid Bond Bond.pdf Bid Bond Line Items Type Item Code UOM City Unit Price Line Total Comment Section 1 1 Mobilization/Demobilization Lump Sum 1 $23,000.00 $23,000.00 2 Photographic Records of Building and Site Pre-construction Condition Lump Sum 1 $500.00 $500.00 3 Asbestos Removal Lump Sum 1 $3,000.00 $3,000.00 4 Demolition of Roof and Underlayment Lump Sum 1 $11,000.00 $11,000.00 5 Provide Structural Improvements Lump Sum 1 $27,000.00 $27,000.00 PlanetBids, 1, . City of Newport Beach Page 2 NEWPORT THEATER ARTS CENTER BUILDING IMPROVEMENTS (C-7022-2), bidding on June 2, 2016 10:00 AM (Pacific) Printed 06/02/2016 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove and Replace Damaged Materiels Square Foot 700 $71.43 $50,001.00 7 Repairs to Damaged Structural Beams Lump Sum 1 $9,000.00 $9,000.00 8 Install Fiberglass Composite Shingle Roof and Underlayment Square Foot 3800 $7.00 $26,600.00 9 Thermoplastic Membrane Roofing (TPO) Flat Roof Square Foot 900 $7.50 $6,750.00 10 Provide Accessibility Improvements to the NTAC (FIXED COST) Allowance 1 $30,000.00 $30,000.00 11 As -Built Drawings (FIXED COST) Lump Sum 1 $2,000.00 $2,000.00 Subcontractors Name &Address Description Quality Environmental inc Asbestos 13123 Lakeland Rd Unite A Santa fe Springs, CA 90670 United States RPR Roofing 2106 N Glassell St Orange, CA 92865 United States Planet8 inti, u:r., Subtotal $188,851.00 Total $188,851.00 License Num Amount Type 876494 $3,000.00 983705 $35,600.00 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BEACH THEATER ARTS CENTER BUILDING IMPROVEMENTS CONTRACT NO. 7022-2 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-8.7.2 Steel Plates 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 7-10.3 Street Closures, Detours and Barricades 7-10.4 Safety 7-10.4.1 Safety Orders 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 6 6 6 6 6 6 7 7 7 7 8 8 8 7-10.5 "No Parking" Signs 9 7-10.6 Notices to Residents 9 7-15 CONTRACTOR'S LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 9 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 12 PART 2 - CONSTRUCTION MATERIALS 12 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 PORTLAND CEMENT CONCRETE 12 201-1.1 Requirements 12 201-1.1.2 Concrete Specified by Class and Alternate Class 12 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2 Steel Reinforcement 12 201-2.2.1 Reinforcing Steel 13 201-7 NON -MASONRY GROUT 13 201-7.2 Quick Setting Grout 13 SECTION 203 — BITUMINOUS MATERIALS 13 203-5 EMULSION -AGGREGATE SLURRY 13 203-5.2 Materials 13 203-5.3 Composition and Grading 13 203-6 ASPHALT CONCRETE 14 203-6.4 Asphalt Concrete Mixtures 14 203-6-4.3 Composition of Grading 14 PART 3 - CONSTRUCTION METHODS IS SECTION 300 - EARTHWORK 15 300-1 CLEARING AND GRUBBING 15 300-1.3 Removal and Disposal of Materials 15 300-1.3.1 General 15 300-1.3.2 Requirements 16 300-1.5 Solid Waste Diversion 16 SECTION 302 - ROADWAY SURFACING 16 302-4 EMULSION -AGGREGATE SLURRY 16 302-4.3 Application 16 302-4.3.1 General 16 302-4.3.2 Spreading 16 302-4.3.3 Field Sampling 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.4 Tack Coat 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.6 Curing 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.4 Joints 18 303-5.4.1 General 303-5.5 Finishing 303-5.5.1 General SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General SECTION 310 - PAINTING 18 18 18 18 18 19 SECTION 313 — PAINT SURFACE PREPARATION 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS Newport Beach Theater Arts Center Building Improvem( CONTRACT NO. 7022-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B -5231-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements; and (5) California Building Code 2013 Edition. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to nearby businesses and residents, (2) removing asbestos mastic using a state certified asbestos removal contractor, (3) removing and disposing of existing roofing and structural beams, (4) making repairs to existing structural supports; (5) installing new wood beams and, fiberglass composite roof, and Page 1 of 30 TPO flat roof, and (6) completing other incidental items in place as required by the Plans and Specifications." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. Page 2 of 30 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3`d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each Page 3 of 30 utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed'. 6-1.1 Construction Schedule No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 35 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31$t (New Year's Eve). If the holiday falls Page 4 of 30 on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Construction shall accommodate the Newport Beach Theater Arts Center activities to the maximum extent practicable. The Contractor shall work on days when Newport Beach Theater Arts Center activities are at a minimum. Normal working hours are limited to: May 27 thru June 17, 2016: Mondays, Tuesdays, and Wednesdays from 7:30 a.m. to 4:30 p.m. with performances going Thursday -Sunday (site shall be secured prior to performances), June 17 -August 14, 2016: Monday -Friday 8:00 a.m. to 4:00 p.m., August 14 -August 31: Facility is closed — Working hours from 7:30 a.m. to 4:30p.m., After August 31: Theater will be available on Monday, Tuesdays, and Wednesdays from 7:30 a.m. to 4:30 p.m. with performances going Thursday -Sunday (site shall be secured prior to performances). The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $750.00. Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page 5 of 30 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water. 7-5 PERMITS Replace this section with "The project is deemed 'permit ready' by the City's Building Division (Plan Check No. 0874-2016). The Contractor shall obtain building permits from the Building Department prior to starting work. City of Newport Beach Building Department permit and normal inspection fees shall be waived. An additional, permit shall be required for building accessibility." 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets Construction materials and equipment may be store onsite if approved by the Engineer in advance. Construction equipment and materials stored onsite shall be kept safe and closed from the public. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newr)ortbeachca.gov/publicworks and clicking on permits, then Page 6 of 30 selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates 7-8.8 Cleanliness. The worksite shall be clean, free of debris, and ready for scheduled Newport Beach Theater Art Center activities by the end of each work day. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3) Page 7 of 30 7-10.3 Street Closures, Detours and Barricades The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 7-10.4 Safety 7-10.4.1 Safety Orders The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Page 8 of 30 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a valid Class -B California State Contractor's License. Asbestos removal shall be completed by a State Certified Asbestos Abatement Contractor. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These Page 9 of 30 drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not limited to, providing bonds insurance and financing; delivering all required notification to residents, posting signs; establishing a field office and construction storage location; scheduling Building Division inspections; obtaining all applicable permits; finalizing the permits and all the conditions pertaining to the permits; preparing the BMP Plan and construction schedule; providing traffic control and temporary construction fencing surrounding areas that are subject to falling construction debris while the Newport Theater Arts Center is open for public use; and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Photographic Records of Building and Site Pre -construction Condition: Work under this item shall include providing the City labeled unaltered photographs of the building exterior and interior, parking lot, existing roof, accessories and fixtures attached to the building, and landscaping. Photographs shall be provided to the City via 4"x6" minimum size colored prints and in electronic *.jpg format. Construction activities shall not start until the photographs have been received and the Engineer has authorized work to commence. Page 10 of 30 Item No. 3 Asbestos Removal: Work under this item shall include removing and disposing of roof mastic by a State Certified Asbestos Abatement Contractor following SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting removal shall be provided to the Engineer under this payment item. Item No. 4 Demolition of Roof and Underlayment: Work under this item shall include removing and disposing of existing roof, flat roof section, underlayment, flashing, staples and nails associated with the roof, any materials damaged and in need of replacement, and all other items as required for the exposed surface to receive new roofing and to complete the work in place. Penetrations, rain gutters and all other portions on the building shall be protected in place. Item No. 5 Provide Structural Improvements: Work under this item shall include, but not limited to, providing all labor, materials, shoring existing building, false work for replacing and repairing structural beams per contract drawings and details. All replaced and repaired members shall be sealed, primed and painted to match existing. Repairs shall not compromise structural support of existing building. Flashing and all other portions on the building shall be protected in place. Any damage to the to the building or construction area as a results of the structural improvements shall be repaired at no additional cost to the City. Item No. 6 Remove and Replace Damaged Materials: Work under this item shall include removing and replacing damaged plywood decking and all other work items as required to receive the new roofing and complete the work in place. Damage shall have been from a pre-existing condition unrelated to the current Contract. All other portions on the building shall be protected in place. Item No. 7 Repairs to Damaged Structural Beams: Work under this item shall include removing and repairing water and insect damage to structural beams per contract drawings and details and all other work items as required to complete the work in place. All repaired members shall be sealed, primed and painted to match existing. Damage shall have been from a pre-existing condition unrelated to the current Contract. Repairs shall not compromise structural support of existing building. All other portions on the building shall be protected in place. Item No. 8 Install Fiberglass Composite Shingle Roof and Underlayment: Work under this item shall include, but not limited to, furnishing and installing all necessary roofing mastic, 30 -pound underlayment, 40 -year commercial grade laminated fiberglass shingles, hip and ridge caps, starter strips, flashing, accessories, and work items required to complete work in place. All penetrations and rain gutters shall be protected in place. A receipt and warranty certificate stating the City as the owner entitled to the 40 -year warranty coverage shall be provided under this payment item. Item No. 9 Thermoplastic Membrane Roofing (TPO) Flat Roof: Work under this item shall include, but not limited to, furnishing and installing all necessary flashing, roofing mastic, white TPO single ply roof system, '/-inch deck roofing installation, accessories, and all other work items as required to complete the work in place. All penetrations and rain gutters shall be protected in place. A receipt and warranty Page 11 of 30 certificate stating the City as the owner entitled to the 20 -year warranty coverage shall be provided under this payment item. Item No. 10 Provide Accessibility Improvements to the Newport Theater Arts Center: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary make accessibility improvement per the direction of the Engineer. The improvement may include path of travel to the building, building entrance, bathrooms, amenity accessibility, and signage. An amount of $30,000.00 is allowed for this bid item. The accessibility items shall be selected by Engineer and paid using time and materials or agreed pricing. An example of work may include, but not limited to, restriping ADA parking spaces; installing truncated domes per City Standards, ADA signage, detectable strip on stairs, new drinking fountain; replacing curb ramps; modifying hand rails; and upgrading bathrooms. Item No. 11 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for monthly payments. An amount of $2,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE. MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland Cement concrete for construction shall be Class 560-C-3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement Page 12 of 30 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 203 — BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1 h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Furol Viscosity at 77 degrees F sec. Sieve Test Residue from distillation % Penetration of Residue at 77 degrees F Particle Charge Test Replace 2) with the following: "ADDITIVES: Minimum Maximum 15 50 0.10 60 80 40 75 Positive Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/z percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-5.3 Composition and Grading Page 13 of 30 Add this Section: "Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Asphalt Concrete shall be C2 64-10 and B 64-10 for the finish and base course, respectively. SECTION 204 --- LUMBER AND TREATMENT WITH PRESEVATIVES 204-1 LUMBER AND PLYWOOD 204-1.1 Kinds. Add to this section: "Plywood shall match existing roof material and shall be replaced as necessary extending to first structural member. Plywood board sections shall not be less than 8 -feet in length unless total measured area is less than 8 -feet." SECTION 210 --- PAINT AND PROTECTIVE COATS 210-1.1 General. Add to this section: "Paint shall be pigmented to match the existing paint color of the building's interior and exterior surfaces. Paint samples shall be provided to the Engineer for approval, paint samples shall include manufacture, paint name, and color code. 210-1.2 Paint Coats. Add to this section: "Paint shall be Dunn Edwards "Evershield" in the same color and sheen as existing for wood and flashing. No substitution will be allowed. All materials shall be compatible with Alaskan Yellow Cedar. 210-1.3 Primer. Primer shall be Dunn Edwards as recommended by the paint manufacturer. No substitution will be allowed. All materials shall be compatible with Alaskan Yellow Cedar. 210-1.4 Wood Sealer. Prior to installation, all surfaces of the new beams shall be coated with a wood preservative such as copper green. Touch up areas damaged by the instillation or where bolts have been drilled. All materials shall be compatible with Alaskan Yellow Cedar. " SECTION 215 --- ROOFING MATERIALS 215-1 Underlayment. After decking has been inspected, a minimum 30 pounds per square felt paper layer of roofing underlayment shall be placed in accordance with manufacture instructions and 2013 Uniform Building Code. Page 14 of 30 215-2 Composite Shingle. Composite shingle roof shall a commercial grade, 40 - year, "Class A" roofing material installed in accordance with manufactures instructions and 2013 Uniform Building Code. Roofing material shall be Title 24 cool roof compliant such as GAF Timberline Cool Series Shingles and have 40 -year warrranty. No substitution will be allowed. 215-3 Shingle Hip and Ridge Caps. Shingle ridge caps shall be of the commercial grade, 40 -year, "Class A" fiberglass composite self-sealing type installed in accordance with manufacture instructions and 2013 Uniform Building Code. 215-2.1 Submittal. Contractor shall submit three (3) full sized colored shingles from a minimum of three shingle color blends. 215-3 TPO Flat Roof. TPO flat roof shall consist of a white, 20 -year, single -ply roofing system by GAF EverGuard Extreme. System shall consist of an 80 mils (0.080") thick membrane mechanically attached to %-inch DensDeck Roof Board or Engineer approved equal deck roofing insulation. All roofing material shall be Title 24 cool roof compliant and have 20 -year warranty. No substitution will be allowed. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newr)ortbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List. 300-1.3.1 General Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate Page 15 of 30 maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1% inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. SECTION 302 - ROADWAY SURFACING 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Type II slurry shall be applied at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street Page 16 of 30 or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks %-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1% inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." Page 17 of 30 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303-5.4.1 General "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303-5.5 Finishing 303-5.5.1 General "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree Page 18 of 30 roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 - PAINTING Page 19 of 30 SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.7 A minimum of two coats of paint shall be applied to all exposed surfaces to match existing. SECTION 313 — PAINT SURFACE PREPARATION 313-1 GENERAL Surfaces shall be scraped, sanded (wood), patched, filled and caulked as necessary for proper paint adhesion. All surfaces shall be cleaned and primed per paint manufacturer recommendations. SECTION 314 --- AESBESTOS REMOVAL 313-1 General. Asbestos survey prepared by Envirocheck, Inc. dated August 13, 2015 indicates the presence of Asbestos Containing Material (ACM) in excess of one percent (1%). The roof mastic shall be removed by a State Certified Asbestos Abatement Contractor. The licensed contractor shall follow SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting removal shall be provided to the City. SECTION 315 --- COMPOSITE SHINGLE INSTALLATION 314-1 General. Composite shingle shall be nailed into the decking. Staples or alternative fasteners shall not be used. 700-1 ASBESTOS SURVEY REPORT Page 20 of 30 Page 21 of 30 2211 Waa Ormcecead A,. ENYlROCHECK ,. On.p. CA 9^_864 iot (714) 93 i-07M F.(-114)9374755 a}sw.omaathKk-. •i (B 6657586 N4L42LACarlo: 200598-0 Inspec ion Date. 8111:2015 Report Dam_ 81372015 Limited Asbestos Sumev Customer City ofNeaport Beach public Wotks Depattmew Sob Location: Nmpert Theater Arts Public Works Dgwunem 2501 CffiDrive Attention Fong Tse Newport Beach, CA 92663 3300 NewportBovlerard NemportBeadk CA 92663 1.6 Introduction/ Laboratory Svammary: TAttwoz pyo>ma fho vilf5vultemhc of the Iieita3 A:ba:tos Sm''oYpafrimed on 6.a m6jatt p:^Pm:Ylismd abmcM EmaocLack. Ioc. Pleax read enure reprtFnar w sanamrgmry rem Tlr sanyLdnafvmal: mata:c..W tho FPA loisl of 11. aoi'areha C"SHAI.rol of 0.1!: for aebecros cmmvt trap: a Roof Penetration Mastic Positive Resvlts: p Location Material Notes 46 Asbestos and Ah Other Asbestos Friable Condition Sq- Ft* and Type 12 EearirRoofGray �OOf °doOII 'VA 9% Ckrysavb Nrk No Geod -A •� r•�• R a< v<� ate+ �r ek time cwt ..vo;... � waw. m,r . , tv �x r��...«w. m,�e er n'n.ar �iw Negative Results: # Location Material Nates 1 EattdarRzSGray R.E.E slough NIA Eau F f-c ;. R E.S Fdt N!A 3 Ensor RnoSB. Roa5a5 Sdnab NA i Rr5ag Fch VA 5 E=cor Raof RndxR 6:Tm ITA 6 Ez:aum Racf Rocf. rot N!A 7 F>zecm Raaf Htt Map Tu N�A 9 Fat .Rauf RallDdK.ua¢ NA 9 Frara Reef RmaaF Feh NSA 10 Ftor_x Rani Hoc Map Ta 141 Page 21 of 30 Page 22 of 30 2211 Wa(Oraugewood Avenue ENVIROCHECK Orange. CA 92863 Tel, (914) 91'-0750 r U? Fax: (714) 937-0955 K V mm,eavinwheck.com (800) 665-9586 NCLAP Lab Code: 200543-0 Inspection Date: 8;11,3015 Report Date: 8;132015 Limited Asbestos Survey Customer City of Newport Beach Public Works Department Job Location: Newport Theater Arts Public Works Department 2501 Cliff Drive Attention: Fong Tse Newport Beach. CA 92663 33UO Newport Boulevard Newport Beach. CA 93663 1.0 Introduction/ Laboratory Summar,. This report preveWs the to lyticai resultsofthe Limited Asbestos survey performed on the eubjea property Gaedabove by Envirocheek Inc. Please remienrfre npmr pdorro torazotng arty tenon. The samplednecerials ties exceeded the EPA level of ISo Met* the Cal -OSHA Imi of 0.1°, fora iboetra content were: e Roof Penetration Mastic Positive Results: # Location Material Notes % Asbestos and % Other Asbestos Friable Condition Sq. Ft." Type and Type 12. E:deriorRmf-Gray RoofPeneuntiun NWA SSo ('hryattile N -A No Good -4 Mesar 'Smwe foau<s arcate mumaW gamdaa of the homapmeam nmterid. ••Nanous ample lewdon rombined fm aampeurc pmpaax s'+Nar aavercdbylNLAPaaedindw -Negative Results: # Location Material -Notes I Exterior Roof -Gray Roofing Shingk '.,.A E#erim Roof -Gray Roofing Feb `. % 3 Exterior Roof-Bn apt Roofing Sluniho \A 4 Fxten"Roof-Broam Roofing Felt \ A 5 Exterior Roof RoofRoekRTer N/A 6 Exterior Roof Roofing Fell NIA 9 Exterior Roof HN Mop Tar NSA 9 Exteda Roof Rolled Roofing WA 9 Extericr Rmf Roofing Felt N 10 Exterior Roof Hnt Mop Tar NSA Page 22 of 30 II I Exterior Roof -Brown I RoolPeIMim I NA Mastic I 13 I EMenerRoof-Gay I HVACMdIic I NA 114 EndenorRoof--White HVAChlaadc ISA H I Exterior RooFPsinted I HV'ACMonia 1 NA Background, Sampling Protocol, and Test Methods Testing by: PJ. Rooerrimi, CSSTX 104638 Engaged by Representative; Survey by: John Meador. CAC# 90-2780 R +re of inapea m: P)apase of irrepMt was to tea certain building materials dim will be imported due to planned renovmim. Sometimes: Commercial Exterior: Stuce. Roof® Occupied'.: Exterior Condition: I Geed RoofCondition: [loud year Built: Exterior Deleds Pile(s): INO No. of Stories: Debris Pile INSA Approx. SQFT: Debris Pile Size: IN,A Foatdmi.: Sl: Debris Pile Comeme: IN.A Air Hamllirg: HVAC • Envirocheck personnel identified all aceesaible and rowleumble types of smspea ACM and PAC%I that were anticipated to d: impacted by the renovation or demolition. Suspect nmterials wbich were nct malcipmed to be impacted were runt sampled. • The samples were submitted to Envireche,ks in-house labaatry, lammedm 2211W'.(),ommnood Avenue,(kmpA CA 92368 • The inspesor Performed ani spectim for suspect asbestos ewnainal, materials hated ab.we Riliomalz the provisions .1740 CFR Part 163.86. • The inspector is Cal: OSHA certified and conformed to pmredures outlined in the EPA B adding Inspector Course. • Much fled AHERA(Asbemr. Hazard Emergency Respure Act i somplig methods mrd protocols ware used • Each asbem.s sample collected was analyzed wdizing the Treated speciffed in Appendix A. Subpart F. 40 CFR Per '63. Section 1. Polarized Light Micrnaopy (PLM) Method by a NVLAP<enifwd Laboratory General Recommendations: • Periodic covalence formateriale foaW in Ge.d Condition • As applicable, materials found to be m Cood Cmnbtimcan be left and managed m place under a proper Operations and Maimenmre,(O 6 hl)Plan • Repair a removal for materials found in Damaged Condition • Reraanl formmeri:ds foundin Significant Damage • Remand prior to renovation or demoOion activities that nay cause diaaba ce • Prior to my renovation or planned disnmbmce ofany, ACM, the contractor shmdd be famished wth a copy ofthis survey report lice l: Acoording to AHBRA 40 CFP, 763.8'(,)(11,(^_)-Aho..gere. area is crosideredna 0 be Asbest.w Comaudrg Material (ACM) mdy when all mired smnplee collected from a homogeneous area indicate levels below regulated limits and a homogereous one is considered ACM whom a least one ofthe almd samples collected indicates levels atrve regulated limits. Page 23 of 30 >Ua2:Cd-QSHA defines asbestos catdniog nvearw:timnaterids xs valenau conlaitdtg asbestus martwuds greater Utan 0.1°o by weighs. The EPA final asbestos ctmtaining materials as materials containing asbestos in anuuums gamer than 1% by ueim. When materials ate determined to be less that lP° d greater than O. t?'°only Cal-OSH A requirements will apply mmmuval procedures mdess dominated otherwise by e. Cerdled Asbestos Connubial or the cal Air QlalitY Managammt lHstld. Polerirtd LTJM1 Mica copy (PL.fl analy%is hm a lin it of quanfficoim of l° °. PLM eampho dmemdned to commn rcu oPlese than 1°° vmbepre°wtad W romuainlnxu Bearer Ulan 0.1?-ro or c®tbesubmiued fs Ttmistmssim Elettron AficroscupY ITEM) mtalysis to temmra levels with gamatfici tion thin arm a minfina n of 0. Pa. )dm J:Asbestw NE,%I PRegiiir emto Perform Pam C.O1 i,S(play S.1991) -Thu appliesto all regmaedasbemoscommingmaterialsas definedu CFR Section 61.1.11. "Fust, a sample in which no asbestos is detected bypolmized light mirim:opy (PLMI does not have w be pointed counted. However. a mitwnwt artiness, de mounts should be prepared and examinedin thew a dvery by PLM to de eanvte if asbestos is present. This process should be cauefdly declaneatedby the as icay." "Seems]- ifthe zlalyst detaw asbeet. undue sample and eslunmes it. anmunt by visual estimation to be less a. Im the oveneror operator of the building iy(1) elect to assmtce the mount be gteaterthan Pa and treat the material as usbemos-comeuthng material or(2)require verification Of the mann by polar Inning - "Third if a result drained by pool count is different frons. teeth obtained by visual amin..dam it. paid count result will be aced" It is the responsibility of die budding uwrter, upermor, md'or ow'ntt representative to detemum the desired come of action mid communicate the idaam ]tion thereleuam parties and request the laborm vy to perfmn additional pant coma analysis as applicable. Point tomo laboratory analysis not pan of Ute standard procedure ofPUI malysu and is considered an additional service. Ar. laterpretaUons of the regulatory language regard] ng wall system its, drywall, gypsum board, wallboard. plaster and shaven) mul d-l"ve mposlte sampling vary; therefore, it Is Important to be Immillar with the sacci NESHAP (Saturn Coast AQMD) mforaemenl aad tarns Osi ik forcemeat agencies' InMvddad internreutOons or Ute standards to ardtl dtadom and Ones. wM1en vbeslas nmlend Is greater than i^'o ne United Simea boldine materials comeidngmore am. percent (l°o) asbestos by weight are cmuidered by the Environmental Protection Agency A) to be asbestos tom®rime nmterids (ACh]). AU asbestos containing materials (ACM) mad Class H aibes(es-romnin ng materials shall be removed room a sty prior to any demoldon activity, m inserters to be impacted by remnatim activities us promulgated by Nmionm Emmons Standards for Hasardcva Au mems (NESHAP). A Sane Liceraed Asbestos Abmenam Cunuactarmns[ perforin sU work relmug ro Ua dulwbanre oFlhe asbestus emLLandrg natenau namfo)low Cal-OSHA=(Ilwd NESHAP(SouthCoati AQMDIregulmiummwdlwwhwapphuablelmalregulations.Fmdaerinore,AC greaerdlan wbwtosbyweightthatisremovxdshallbedispwedofwasbestoscr dnirghmadawwa e. Following South Coast AQb1D procedures) shalt be used when removing or stripping ACSI that Is greater Nan leu: Adequate Wetting A -Asbestv Harmd Emergency Response Art tRegddea .11.1.1 facilidesl RA Asbestos S:Iawl Humid Reauthorization Act(Includes ptsbliC Mil coarmercial buildings wider AHERA regulation) Asbestos Containing Materials (hlmmizls containing greater that one III pdreom by weight) Asbestos Cementing Conwrrmtion Materuis (CAI. OSHA's Lem forraturuLs comairmt gemerthim ere twist orae (0.1) percent by welsh) - Premmmd Asbestos Cochin ehlmerimsiMaerimsconsideredmbesuamdeudrgwithallabormmytnslyss) Cwified Aetssms Coacukant(StoreofCafifmrdeemtifiedindividualallowedioperfm a0wpemsofosbemosmlztedimcpectdm,naragemem. g and design work and to direct CSSTIs) mad review and execde asbestos reports ander-tae law) - Card tied She Serverilmn a Ted hnician(Allowed to perform all asp is M esbeatos relecd inspection, mmeminam, and work under the direction ofa ISHA aka. (DOSH) Division of Occupational Safety mid Health (CabIbmdagosen mp. body regulating worker praecton) -Occupational Health and Safety Administration 1 Nmiatldlwdueofoccupadolwi SafaymdHealth Environmental Protection Agency (Regulates envincamor t and nape steam) - Department ofTnintpo ratirnt IAP- National Emissions Standards Por l(azarMam Air Pohuranis ID Air Quality Management Builder (Land divistem ofNRSHAP) k -Nmdneed V oluma y Laboratory Ac<reditrust Program L -American Industrial Hygiene Association Page 24 of 30 -Code of Federal Regulations -Califcnnis Code offtegulati ma Polarized LightMis»scopy (alsoknown as `Bull:' sample) Phase Contrast Microscnpy AirPollution Coutnd District (Local divisiat ofNESHAP) Laboratory Report Terms Area Simple (.Airmanitoring) - Area Alla (('learance type sample) Personal Sample (Employee monitoring type mmphel - E.vcwson (Emplyee mo laming type ofsample during peak activities) - Bboc: (Used for qustiryasam ae) Laboratory Accreditation M fundings set firth in this report are strictly listed tothe time, daze and scrape of the irowe*Wkin. The results preseraed in this report are based on the yacal resting performed by the cenified labmaory. The results from the sampled locations on, representative ofthe aalitehonmgeneous matedidaricaa and al the fixation sampled. AccnMirg to AHERA, 40 CFR. 76327 (cpl ).(2) -A Isamcgeneoes ares is considered net to be Asbestos Containing Material M) only when all required aanrples reported from a homogeneous area indicate levels below regulmed Loans and a homageneons area is considered.AChf n a lens[ one of the required samples collected indicates levels abuse regulated lists. This report dons not gnvamm thin all inaccessible, hidden a stingnishablematerials will be identified is sampled. Samples were Inated to the =ends and locations limed on We chain ofcustody. Material meas ties e not munpled shall be presumed to be asbestos containing ura8 proven ahenwisa by appropriate sampling pnxeAves, Square fcrmges are estimates ardy should not be used for bidding purposes. 6.0 Certified Asbestos Consultant Signature Any individual petfcmaing services ac mtasMmra cess Brien er site mmeiaa er, technician as registered and defined an section 1529(b) of Title 8 ofthe Cahfose Code ofRegdations must be cedifed by We Sane of California. Division ofOecupmioral Safety end Hesah (DOSH), Asbestos consultant shall maintain copies of AHERA training cer>ifiemes for naragenrem planner. abmennaa protect designer sbazemenl cmaactor and supenieor, and all subaegnm murual refresher coin". The complete chairman row designer course carificme is only agnired for certifications provided cher- July 1, 19'hl. Site smveiRance technician applicants shag meimahn copies of AHBRA treating mmpWion cadficztes for inspect r. and absemem cretruaor mid supervisor, mud rill subsequent mutual refresher Co... Certificmes d:¢ abatement worker and abatement project designer may be utilized in Lieu of die ebmenant ctnntm:tor and supervisor cenificme. Specific qualifications an, required pursuant to aetti a 1529(ul of Title 3 of the California Code of Regulations for certificmim. The edacm(nnffi quali icate s, (dipleara, official naracdpt, or other proon, and qualifying work experience ns specified in Business and Pnfessux s Code sections 7134 mid '185low Lemurs by He wlividuat(e) pafmning asbesra related consulting MbAties or seUvities. Quatifyin4, work experiane includes mctudsI work sssximadwith asbestes consulting activities.Whitten site sunveBimcerecimicim references aresling to the app eara's qualifying work e\pedeme which we cunified under the penalty ofpedury ua required. John Meador, CACN 90-2'30 • E�aea-*„..." »' Q?y�' Oc OACF Page 25 of 30 Lab Report Page 5 of 9 (324) JL 7/312015 Page 26 of 30 2211 West Orangewood Avenue ENVIROCHECKWt Orange, CA 92868 ��( Tel: (714) 937-0750 L; Fax: (714)937-0755 www.erwhocheck.com NVLAP Lab Code200548.0 Asbestos Laboratory Test Report (800) 665-7586 Sample Reception Date: 08/12/2015 Customer: City of Newport Beach Public Works Department Job Location: Newport Theater Arts Public Works Department 2501 Cliff Drive Attention: Fong Tse Newport Beach, CA 92663 3300 Newport Boulevard Nemmcrt Beach CA 92663 1115080848 1115080848 1115000850 1115oa0851 1115080852 1115080853 1115080854 1115080855 1115000856 111508085] Sample# 1 2 3 4 5 6 7 8 9 10 Asbestos No No No No No No No No No No Amount N.D. N.D. N.D. N.D. N.D. N.O. N.D. N.D. N.D. N.O. Primary Asbestos Other ASbest05 Location lidtssiorftooh lbxteaorltooF Exlencr Roof Exterior Raaf- Exterior Roof Fbdernor Roof Extanor Roof Extaflorfloof Extenor oof Manor Roof Gray Cray Brown Brown Material Roofing Roofing Fad Roofing Roofing Fait Rsofrtock8 Roofing Felt Hd Map Tar Rolled Roofing Roofing Felt Hot Mop Tar SBingle Shingle Ter Materiels Notes Color aay Black Brown Black 81a6k Bleck Bieck Bleck. Vista Bleck Black Homogeneous No Yes No Yes No No Yes No Yes Yes Materials: Minerals Calcite x Gypsum Mica Parts Plastic Paint Tar x x x x x x x x x Cellulose .1% 70% 75% <1% 70% Fiberglass let6 5% 5% 1&A 3% s'Uhraic PL. Other 1 1 RoesI I Rocks Rookx Rocks Other 2 cononeow Method None None Nona None None None Nona None None Nona Imparturos Analysis Dale: 08!122015 Analyst AdminOC : AS Jeff Conkel Lab C Dy. JC Sampieswera analyeetl by ths'Interim Method for the Determination of sslostse In Buh Insuleb. Semple', EPA -60011144.82-=, end EPMOCIAR-931116. The gmR of detesdon for asbedos is <1% by weight, and the limn of Wardficadon is 1.0% or greater byweight. The State of Carifomia defines an asbestos -containing construction matenal as having more Man 0.1%asbestca byweigM. All samples an disposed ofwdhin 30 daysuakes the customer mi,msfs otherwise. This mood shall not be repmducedexcept N roll, Wnwt he widen epp.1 de. Iabvatory. This report mu& net be used by the dent to clean product o difisatioi, V swat or endorsement by NVIAP. NIST, or any agencyof Me fW" gwemn O. Tey mwlts mlate mlyto Me items tedW. samples having no nsbesMsdeleded by PLM maytest poative by TEM enaysis. Asbestus percenMge obtained throughcahbratedvlsual estimate. 'Point counts not covered by NV1AP accreditation. "Verieus sample locethum combined for compowle purposes. —Not covered by NVIAP accmdtadon. Page 26 of 30 Lab Report Page 6 of 9 (324) JL 7/312015 2211 West Orangewood Avenue ENV/ROCHECK orange, CA 92668 Lao Tel: (714) 937-0750 �� Far.(714)937-0755 vAMv.erlvh0Check.com NVLAP Lab Code: 200548-0 Asbestos Laboratory Test Report (800) 6657586 Sample Reception Date: 08112/2015 Customer: City of Newport Beach Public Works Department Job Location. Newport Theater Arts Public Works Department 2501 Cliff Drive Attention: Fong Tse Newport Beach, CA 92663 3300 Newport Boulevard Newport Beach CA 92663 111WONSO 1115OWSM 11150811111 1119080661 11150MB62 Sample# 11 12 13 14 15 Asbestos No Yes No No No Amount N.D. 8% N.D. N.D. N.D. Primary Chrysotile Asbestos Other Asbestos Location Enernr Roof Enenor Roof lbterror RMof Exter'mr RaoN E,dedar Roof Brown Gray Grey wide Painted Material Raaf Roof WACMishe HVAGMastic HVACMeadc Penetration PanCrebon Manic Mesa. Notes Color Bleck aleck, Gay Gay, Mike While, Off- OffWnde whhe Hemageneaus Yes No No No No Materials: Minerals x x x Calcite x I z Gypsum Mica z Perlde Plastic Paint Tar x x Cellulose 18°/. Fiberglass Syntonic Fid Other 1 Other 2 comments/ entad None None None None Nous Nine None None None None Damon. Sarmfles wase analyzed by the'Intatim Method for the Determination of Asbestos in Bulk Insulation Sann AW. EPA -600114J412-020, and FPAR001R-931116. The limd of detectlm far estesure is <1%bywaght and Me limit of rra04oadon is 1.0%or rester by wngla. The Sate of California defines an M d estoveondlning connmdion material as honing orner.,"I otherwise. The shall Me repmducMd except in full, withcut More tom m of %asbenby weight All samples an disposed ofwiMin 30 deysunbss the cunn b Me wdtlen ,.I laborake, This rapod mart rid be used by the dent bo claim product saNficatim.approval, or endorsement by NV1AP, NIST, or any agency of We federal g.nnnrant. Test.sults relate only to the items tented. Samples having no asbestos detected by PLM may ten positive by TEM analysis. Astonish. perommge obleined through calibrated visual estimate. 'Point counh not covered by NVLAP acoredaation. "Verias sample lo:atbnx rambnetl tQ canPasite PuPosx. "'Nat mveretl by NVLAP eccreafatlan. Page 27 of 30 Page 29 of 30 On y- ISFq , S i 1 O y r 10 0. X �.R I ma� o v:m : Lh T p � •� i� � _._ :.. . _ '.�; I i - w � :-� m � 4'' �__. Vii r'e 2'.z a�zz cc. c.�c:ci o 0 a z�fL'�� <�H' P G n G 0� G) G)11 O C O C C. o c o a 0,0o v of o. 4 d VIC>J C� Jr (�N N.NNNV. G]V CiCC CO CjOGOC- z s��4 LO..O a _ L. .- e� Q A fu Page 29 of 30 c I�_et w d 4AII4 k J» Sit, ,l ��..ta•� jjerYr r�✓�. DATE. Purpose ufiwrec. Foe d§ws I)rrra fysde !'a rar euc.. OCSer„_ children: its No jegkl�, titmefnre: SRN Aft. !'mdu fra't'ue ,Anse (Blur Sear Built; 1059 Apprns.SQ,FT.: No. afStories____ Fe¢adatl<m: R.daed 511' EXTERIOR; �'V' Lhmti ;./er�:dlt rpt.w Cewreeb/aei Erick Sr m& NardTrmwM Odes: ROOF: CtmT. SkrEgii+Plr (gyw- &Stats�—rjl, T•rourt Shmyh OhL.. _ _ EXT Coed: 0 d .In _,__ Rauf Coad:&& ill Air UAV 1C Debris P94(s): YaAalotsron._. aloe__ C.xurtl ___ XRF+ (x'F7n .+t'rcl .. (rntai Cel K d v _ _ _ Fnd Cal Rerii o _ All bigram lAgead :.�.,^ASieSMt tlsRSunPRs Q =Pa9nc Lmuatalina ❑ Page 30 of 30