Loading...
HomeMy WebLinkAboutC-7153-1 - Corproations Yards Painting ProjectJune 26, 2019 TL Veterans Construction, Inc. Attn: Theodore Gregory Lee 18345 Sierra Highway, Unit 7 Santa Clarita, CA 92676 Subject: Corporation Yards Painting Project — C-7153-1 Dear Mr. Lee: CITY OF NEWPORT BENCH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On June 26, 2018, 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 June 28, 2018 Reference No. 2018000237280. The Surety for the contract is United States Fire Insurance Company and the bond number is 602-115194-7. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN 1 ORIGINAL COUNTERPART EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 602-115194-7 FAITHFUL PERFORMANCE BOND (SUBJECT TO CHANGE BASED The premium charges on this Bond is $ 15,040.00 UPON FINAL CONTRACT PRICE), being at the rate of $ 23.98 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to TL Veterans Construction, Inc. hereinafter designated as the "Principal," a contract for the majority of the work necessary for the completion of this contract consists of preparing and painting metal, woad, drywall, and masonry interior and exterior horizontal and vertical surfaces for multiple buildings 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 UNITED STATES FIRE INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Twenty Seven Thousand Dollars and 001100 ($627,000.00) 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 falls to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void, As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. TL Veterans Construction, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8TH day of NOVEMBER 2017 TL VETERANS CONSTRUCTION, INC. Name of Contractor (Principal) UNITED STATES FIRE INSURANCE COMPANY Name of Surety 305 MADISON AVE. MORRISTOWN, NJ 07962 Address of Surety 972-490-6600 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date:�(— By. Aaron C. Harp �czim3 City Attorney � C ipptic>ld'it/ Authorized Signatturef itle Authorized Agent Signature KEVIN VEGA, ATTORNEY -in -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Ti. Veterans Construction, Inc. Page B-2 CIVIL CODE§ lies A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California Cort On before me, S 1 GiV1(�1� Vcq Date Here Insert Name and Title of the ffic r personally appeared __D`9 v P,4 t7 v-fj ) ) „ 1var'Je(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the pe FY)/(qsubscf'beo to the within instrument and acknowledg]d t me that he/�ie, xecuted the(saisa inhis/futr/their authorized capacity(j�s), and that b his/ftbr/tf�r signature(syon tstrument the person), . or the entity upon behalf of which the persor}(sacted, executed the in trument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. FRANCHIESKA CARINO Notary Public - California Los Angeles County z Commission # 2163321 n My Comm. Expires Aug 21, 2020 Place Notary Seal Above WITNESS my hand.and official seal. Signature„[__ r Signature of Notary Public ®Ai/®NAL. Though this section is optional, romp/eting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 15escription of Attached Docum nt /� p Title or Type of Documont:fQ1y ( 1 i I Number of pages: __ Signer(sDocument Date:) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(a); 0 Partner ❑ Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Of — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: — < 0 1 ! • • � • • Q.ccs--�.`.a`,<-,..«,a::,<c.«..<c�<cc`.::u�-v�...:�.: ry Org 1 -800 -US NOTARY (1 • '1 POWER OF ATTORNEY UNI'T'ED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 04594432918 KNOW ALL, MEN BY THESE PRESENTS: Thud United States Fire Insurance Company, a corporation duly organized and existing under the laws orthe slate of Delaware, has made, constituted mid appointed, rid does hereby make, constitute and appoint: Philip E. Vega, Kevin Vega, Britton Christiansen, Myrna Snaith each, its true and lawful Aitorncy(s)-hi-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby us fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected ollicers of United States Fire Insurance Company of its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,080). This Power of Attorney limits the out orthose named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power ol'Atturney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2018. '['his Power of Attorney is granted pursuant to Article IV or the By -Laws of United States Fire Insurance Company as now in full force and etlect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution orhistruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf ot'the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article Ill, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, or such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalrorthe Corporation. The Corporation may continue to use f'or the purposes herein stated the facsimile signature crony person or persons who shall have been such officer or officers of the Corporation, notwithstanding the tact that he may, have ceased to be such at the time when such instruments shall be issued, IN WI'T'NESS W11LAEOF, United States Piro Insurance Company has caused these presents to be signed mid attested by its npproprialc olficcr rad its corporate seal hereunto affixed this 10a' day of March, 2016. UNI'T'ED S'T'ATES PIRF.INSI TRANCE COMPANY ;2' Anthony R. Slimowiez, Senior Vice President Stine orNew Jersey) County or Morris ) On this 10"' day of March 2016, before me, a Notary public of the Stale or New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and o icer described herein, and acknowledged flint he executed the foregoing instrument and a rfixed the seal ol'United States Fire Insurance Company thereto by the authority orhis office. / SOMA SCALA Z��q NOTAItY PUBLIC OI+NEW JERSEY Sonia Scala (Notary Public) M Y COM MISSION EXPIRES 3/25/201') I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney or which the foregoing is a full, true and correct copy is still in Ibree and ellbet and has not been revoked. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the8th day of Nov. 2017 UNI'T'ED STATES FIRE INSURANCE COMPANY f li- _IGi lI It 91 Al Wright, Senior Vice Presiuent 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 LOS ANGELES On 11/08/2017 Date before me, PHILIP VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared KEVIN VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose name( Is/w subscribed to the within instrument and acknowledged to me that he/ske/ftroy executed the same in his/Pre;/their authorized capacity(leaL and that by his/hec/Mei*signatureN on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the instrument. u PHILIP VEGA 4 COMM.# 2152121 (� B NOTARY PUBLIC -CAL'FN':NIA LOA ANGELES COW i <, MY COMM. EAP. MAY si. N20 T 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate 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 September 4, 2018 TL Veterans Construction, Inc. Attn: Theodore Gregory Lee 18345 Sierra Highway, Unit 7 Santa Clarita, CA 92676 Subject: Corporation Yards Painting Project C-7153-1 Dear Mr. Lee: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039Fox newportbeachca.9ov On June 26, 2018 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 June 28, 2018, Reference No. 2018000237280. Insurance Company and the bond number Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure The Surety for the bond is United States Fire is 602-115194-7. Enclosed is the Labor & EXECUTED IN 1 ORIGINAL COUNTERPART EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 602-115194-7 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to TL Veterans Construction, Inc. hereinafter designated as the "Principal," a contract for the majority of the work necessary for the completion of this contract consists of preparing and painting metal, wood, drywall, and masonry Interior and exterior horizontal and vertical surfaces for multiple buildings 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 fall 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, UNITED STATES FIRE INUSRANCE 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 Six Hundred Twenty Seven Thousand Dollars and 00/100 ($627,000.00) 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. 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 TL Veterans Construction, Inc. Page A-1 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 6TH day of NOVEMBER 2017 • TL VETERANS CONSTRUCTION, INC. Name of Contractor (Principal) UNITED STATES FIRE INSURANCE COMPANY Name of Surety 305 MADISON AVE MORRISTOWN, NJ 07962 Address of Surety 973-490-6600 Telephone APPROVED AS TO FORM: CITY ATTORN Y' FFICE Date: I a (µ By: Aaron C. Harp �z•�s r+ City Attorney ¢"r� Authorized Signature/Title Authorized Agent Signature KEVIN VEGA, ATTORNEY -in -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED TL Veterans Construction, Inc. Page A-2 CI�11L C®Dg§ 1189 A:::::fficer completing this certificate verifies only the Identity of the individual who signed the dUllicate is attached, and not the truthfulness, accuracy, or validRy of that documegt. State of California n ppI,1 ) County of Y ( L U ) On before me, �Ili)��a1 �GiV1il� �1dta! JiI Date Here Insert Name and Title of the O' cer personally appeared 1 a e d t f' i, �-1 li'M h 1/ r r- ., Of Who proved to me on the basis of satisfactory evidence to be the persor) Whose nam is subs becj to the within instrum t and acknowledglad t me that he/sY(e/executed the same in his/tllr author zed capaoit, and that b hts/6(er/tr signaturefaion the instrument the person�/sJ, . or the entity upon behalf of which the personacfed, executed the i strument. ,,.. FRANC HIESKA CARINO Notary Public - California -W Los a Los Angeles County z Commission # 2163321 y Comm. Expires Aug 21, 2020 Place Notary Seal Above 1 certify Under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature p Si ature or'NotaryPublic 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: / ( i1 (: ,• j P610 Number of Pages: Signer(s) Other Than a er#i d AbnDo cumeni Data: Capacity(ies) Claimed by Signer(s) �— Signer's Name: ❑ Corporate Officer — Titfe(s): O Partner —. ❑ Limited O General ❑ Individual ❑ Attomey 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: MM rPv<e-:=e..v . 6 •1 .f7 h r'.. PO W ER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTO W N, NEW JERSEY 04594432918 KNOW ALL MEN BY 'THESE PRESENTS: That United Slates Fire Insurance Company, a corporation duly organized and existing under the laws ofthe slate of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Philip E. Vega, Kevin Vega, Britton Christiansen, Myrna Smith each, its true and lawful Attorneys) -hr Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver; Any and all bonds and undertakings of surely and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as ifsuch bonds or undertakings had been duly executed and acknowledged by the regularly elected ullicers of United Stales Fire Insurance Company at its principal ullice, in amounts or penalties not exceeding: Seven Million, Five hundred 'Thousand Dollars ($7,500,000). This Power of Attorney limits the uct of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United Stales Fire Insurance Company except in the manner and to the extent therein stated. This Power ol'Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2018. This Power of Attorney is granted pursuant to Article IV of' the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article Ill, Officers, Section 3.11, Facsimile Signatures. The signature of any ollicer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in (form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instwments on behall' of the Corporation. The Corporation may continue to use for the purposes herein stated the fhesimile signature orany person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Vire Insurance Company has caused these presents to be signed and attested by its appropriate oflicer and its corporate seal hereunto allixed this 10" day ol'March, 2016. UNITED STATE,; FIRE INSI112ANCE COMPANY :(� Anthony 12. Slimuwicz, Senior Vice President Slate ofNew Jersey) County of Morris ) On this 101' day of March 2016, before me, a Notary public of the Stale of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and ullicer described herein, and acknowledged that he executed the foregoing instrument and aflixed the seal ul'United Stales Fire Insurance Company thereto by the authority of his oftice. / [[ SONIASCALA NOTAItYPUBLiCOFNEWJERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES3/25/2019 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney otwhich the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on thetith day of NOV. 201/ UNITED STATES FIRE INSURANCE COMPANY AI Wright, Senior Vice 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 LOS ANGELES On 11/08/2017 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared KEVIN VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose names) Is/aFP subscribed to the within instrument and acknowledged to me that he/slw/fhey executed the same in hisIlItWtheir authorized capacity(les), and that by his/hec/theix signatures) on the instrument the personNI, or the entity upon behalf of which the personN acted, executed the instrument. 4 ° PHILIP VEGA ,t' ; Comm. # 2152121 1 (� $ NOTARY PUBLIC -CALIFORNIA U LOS ANGELES COUNTY ' MY Comm, ESP. MAY 31, 1010 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate 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.orgY• 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Batch 3552936 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive NewportBeach, CA 92660 Page 2 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE *$ R 0 0 1 0 1 8 6 6 9 5$* 2018000237280 9:27 am 06128/18 90 SCS N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt. from recording fees pursuant to Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and TL Veterans Construction, Inc., Santa Clarita, Califomia, as Contractor, entered into a Contract on October 24, 2017. Said Contract set forth certain improvements, as follows: Corporation Yard Painting Project Contract No. C-7153-1 Work on said Contract was completed, and was found to be acceptable on June 26. 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United States Fire Insurance Insurance Company. BY lic orks irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. F I Executed on ����G P-4 g �/ at Newport Beach, California. BY "OL -1s. - ClerkCity • �r https:Hgs.secure-recording.com/Batch/Confirmation/3552936 06/28/2018 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 TL Veterans Construction, Inc., Santa Clarita, California, as Contractor, entered into a Contract on October 24, 2017. Said Contract set forth certain improvements, as follows: Corporation Yard Painting Project Contract No. C-7153-1 Work on said Contract was completed, and was found to be acceptable on June 26, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United States Fire Insurance Insurance Company. BY Pu lic orks irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ,, f Executed on t�ul��/-,at� Newport Beach, California. CITY C .,RK CITY OF NEWPORT BEACH NOTICE INVITING BIDS All bids shall be submitted via PlanetBids to the office of the City Clerk 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 27th day of September, 2017, at which time such bids shall be opened and read for CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 $ 1,000,000 Engineer's Estimate Approved by �n v ark Vukojevic City Engineer VOLUNTARY Pre -Bid Meeting Where: Corporation Yard (General Services) 592 Superior Avenue, Newport Beach, CA When: September 20, 2017 at 10:00 AM Meet at the gas pumps inside the gates off of Industry Way Where: Corporation Yard (Utilities) 949 W. 16th Street, Newport Beach, CA When: September 20, 2017 at 11:00 AM Meet outside the front gate Contractor License Classification required for this project: `B" or "C-33" For further information, call Fong Tse, Project Manager at (949) 644-3321 City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)....................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................16 ACKNOWLEDGEMENT OF ADDENDA........................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER............................................................................22 CONTRACT...................................................................................................................22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 Fr, City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received electronically 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; Contractor shall 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 (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. (original Bid Bonds must be submitted to the City Clerk's Office.) 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, 3 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 at 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) 7034774, 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 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 1000483/ 8 AND C-33 b �J PRESIDENT Contractor's License No. & Classification Authorized Signature/Title 1000026569 06-30-2018 10-3 - 201 � DIR Reference Number & Expiration Date Date TL VETERANS CONSTRUCTION INC. Bidder 5 City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal SUM Of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of CORPORATION YARDS PAINTING PROJECT, Contract No. 7153-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. ' If the undersigned Principal executing this Bond is executing this Bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surely from its obligations under this Band. Witness our hands this 2ND day of OCTOBER , 2017. TL VETERANS CONSTRUCTION, INC. Name of Contractor (Principal) UNITED STATES FIRE INSURANCE COMPANY Name of Surety 305 MADISON AVE. MORRISTOWN, NJ 07962 Address of Surety 973-490-6600 Telephone KEVIN VEGA, ATTORNEY -in -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) POWEROFATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRisTOWN, NEW JERSEY 04594432918 KNOW ALL MEN BY I'I]ESE PRESENTS: Thal United States Fire Insurance Company, a corporation duly organized and existing under the laws orthe state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Philip E. Vega, Kepis Vega, Britian Christiansen, Myrna Sarilh each, its true and lawrul Altorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent us if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United Slates Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred 'Thousand Dollars ($7,i00,000). 'Phis Power of Attorney limits the act of diose named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United Slates Fire Insurance Company except in the manner and to the extent therein stated. This Power ol'Atiorney revokes all previa us Powers of Attorney issued on behalforthe A[to rneys-Ia-Fact named above and expires on January 31, 2018. '['his Power of Attorney is granted pursuant to Article IV of' the By -Laws of United States Fire Insurance Company as now in full force and ellect, and consistent with Article III thereor, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Direelors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalrorthe Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever to connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons fur may or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal critic Corporation. Article III, Orlicers, Section 3.11, Facsimile Signatures. 'file signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, lacsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf ur the Corporation. The Corporation may continue to use for the purposes herein stated One facsimile signature of any person or persons who shall have been such officer or oflicers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WI'T'NESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10" clay ofMMarch, 2016. UNITED STATER FIRK IN,cI RANGE COMPANY Slutc ul'New Jersey) Anthony R. Slimuwicz, Senior Vice President County or Morris ) On this 10°i day of March 2016, before tine, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and off icer described herein, and acknowledged [hat he executed the foregoing instrument and aPlixed the seal ol'United States Fire Insurance Company thereto by the authority of his office. SONIASCALA NOTARY PUBLIC OPNEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES3/25/2819 1, the undersigned officer of United Slates Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power ol'Attorney of which the foregoing is u full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the2ndday of October 2017 UNITED STATES FIRE INSURANCE COMPANY Al Wright, Senior Vice President 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 LOS ANGELES On 10/02/2017 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared KEVIN VEGA Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the personK whose nameN is/M subscribed to the within Instrument and acknowledged to me that he/sae/they executed the same in his/fTeWtheir authorized capacity(te&L and that by his/her/hT,*signatureN on the Instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. PHILIP VEGA N Comm.# 2152121 € 1 o NOTARY PUBLIC -CALIFORNIA N Los ANGELES COUNTY MY COMP. Exp. MAY 31, 7010 " 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 Signature Signature of 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate 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: ©2014 National Notary Association • www,NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT ............................................................................... State of California County of On personally appeared ss. before me, Public, proved to me on the basis of satisfactory evidence to � person(s) whose name(s) is/are subscribed to the within instrument and acknowlelged to me that he/she/they executed the same in his/her/their authorized capacity(ies), anqjhaf by his/her/their signatures(s) on the instrument the person(s), or the entity upon beha�of which the person(s) acted, executed the instrument. I certify under PENALTY paragraph is true andoo WITNESS gty band and official seal. 011tcl ( V)"rJA Signature under the laws of the State of California that the foregoing .............................................................................., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other C3 Thumbprint of Signer ❑ Check here if no thumbprint or Fingerprint is available. GoA6dSv®G3K19 QtSd=PMRP©SL pGc C3L�I��dRD�Gifil�Z�94 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 documeot, State of California n ) County of �f� n r� (OU In In n On WjIJ jI beforeme;V, LZVIA 1.lilUG, WN i*R Date ` , "� Here Insert Name and Title of e 0 icer personally appeared _ �yc (XOR C`l �Q (, A vi i I p v of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4, whose namew is/'A subs*r Oq to the within instrume9t and acknowledged tp me that he/see/;Key executed the same I his/h�/thAr authorized capacity(iand that by is/t(er/tyfeir signaturef4 on the Instrument the person;' erson; 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 CCcdofficial Is that the foregoing paragraph is true and torte WIT NESS m)y ha seal. •, °?' FRANCHIESKA CARINO Signat Notary Public - California u( mos Angeles county i ignat re of Notary Public Commission # 2163321 n ��� My Comm. Expires Aug 2 f, 2020 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 n Title or Type of Document: b)CL(1126 Document Date: �• Number of Pages: signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited EI General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: r . . City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 DESIGNATION OF SUBCONTRACTOMSI 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: N/A N/A N/A N/A Address: Phone: State License Number: DIR Reference: Email Address: Name: ----- Address: Phone: N/A N/A N/A State License Number: DIR Reference: Email Address: Name: Address: Phone: NIA N/A N/A State License Number: DIR Reference: Email Address TL VETERANS CONSTRUCTION INC. Bidder PRESIDENT Authorized Signature I e City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name TL VETERANS CONSTRUCTION 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 $100,000, provide the following information: No. t Project Name/Number San Marcos Campus Painting Proiect / 102-17 Project Description Preparing and painting Palomar College's San Marcos Campus Buildings Approximate Construction Dates: From 05-30-2017 To: 08-21-2017 Agency Name Palomar College Contact Person Jeff Bennett Telephone (760) 744-1150 Original Contract Amount $162.800.00Final Contract Amount $ 173,300.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders requested by the client 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. H No. 2 Project Name/Number Rehabilitation at Alawinas Apartments / GPNA-17-07 Project Description Install retrofit windows complete, clean/re-varnish cabinetry Approximate Construction Dates: From 04-21-2017 To: 07-21-2017 Agency Name San Diego Housing Commission Contact Person Steve R. Dean Telephone (619) 578-7515 Original Contract Amount $ 292,800.00Final Contract Amount $ 299,080.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders requested by the client Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Painting Services at Pulitzer Place Apartments/ GPNA-17-01 Project Description Painting improvements at Pulitzer Place Apartments Approximate Construction Dates: From 01-09-2017 To: 03-20-2017 Agency Name San Diego Housing Commission Contact Person George Hunt Telephone (619) 578-7434 Original Contract Amount $123,500.00 Final Contract Amount $148,200.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders requested by the client Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Wallpaper Removal and Painting at the District Office / Bid No 1309 Project Description Wallpaper removal and interior building paint Approximate Construction Dates: From 12-16-2016 To: 02-21-2017 Agency Name Rancho Santiago Community College District Contact Person Alex Oviedo Telephone (714) 450-7517 Original Contract Amount $45,250.00 Final Contract Amount $45,250.00 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. 5 Project Name/Number San Juan Capistrano Public Library Painting / CIP 15302 Project Description Exterior building paint Approximate Construction Dates: From 10-17-2016 To: 01-11-2017 Agency Name City of San Juan Capistrano Contact Person Joe Mankawich Telephone (749) 487-4313 Original Contract Amount $ 79,145.00 Final Contract Amount $ 84,725.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders requested by the client 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 12 No. 6 Project Name/Number Mission Bay High School Exterior Paint / CP -16-1095 Project Description Exterior buildinq paint Approximate Construction Dates: From 06-22-2016 To: 09-09-2016 Agency Name San Diego Unified School District Contact Person Erik Reuter Telephone (619) 889-3745 Original Contract Amount $230.120.00Final Contract Amount $ 200,705.00 If final amount is different from original, please explain (change orders, extra work, etc.) Project scope adjustment - less available allowances than initially anticipated 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 on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. TL VETERANS CONSTRUCTION INC.I / PRESIDENT Bidder Authorized Signature/Title 13 HARRISON GREGORY LEE (213) 210-6343 I harrison.lee(a)tiveterans.com 211o6 Oakleaf Canyon Drive Santa Clarita, CA 91321 EMPLOYMENT TL Veterans Construction Inc. Senior Vice President Santa Clarita, CA December 2014 -Present • Responsible for overseeing the field operations — serve as the firm's liaison to clients and their representatives at work sites, instruct and supervise field staff, and conduct quality check and safety training as required • Plan for bidding opportunities and attend meetings as required for solicited projects • Study the market trend for cost/benefit analysis and prepare reports to advise the staff on where to increase operational efficiency • Recruit and train prospective field staff • Advise the president with technical expertise and experience in the construction industry KBD Construction Inc. Vice President Santa Clarita, CA December 2013 -November 2014 • Planned and supervised all field operations, including personnel recruitment/retention, training, logistics, and quality assurance • Attended client meetings with the project manager and provided assistance during job walks • Assisted the president and the finance department in budget planning, cost analysis, and profit projection • Managed vendor accounts and procured materials and other logistics for various construction projects EDUCATION Union Contractors License School Los Angeles, CA Certificate of Completion July 2015 • Successfully completed the U.S. Environmental Protection Agency accredited Renovation, Repair, and Painting (PRP) Renovator Training Course SKILLS AND INTERESTS • ; Computer o Proficient with Microsoft Word, PowerPoint, Excel & Outlook Language o Limited English o Native -level Korean Skills: o Very proficient in interior and exterior painting for all materials and surface o Proficient in drywall installation and repair o Proficient in windows installation and repair o Very proficient in cabinetry installation, repair, and restoration City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of ) being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Califomia that regoing is true and correct. TL VETERANS CONSTRUCTION INC. A.Li !President Bidder Authorized Signature/title Subscribed and sworn to (or affirmed) before me on this ,d day of &fo62, 2017 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. Notary Public (SEAL] My Commission Expires: 14 CALRIFORMIA JUIRAT V J0TH /Af F8AV T SyAyELIfi EHE GOVERNMENT CODE § 8202 /6 See 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) -------------------------------------1 2 ---- 3 -------- 0 Signature of Document Signer No, 1 Signature of Document Signer No. 2 (if any) 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 �)__. FRANCHIESKA CARIku r trr' Notary Public California z :?� Los Angeles Count iEy z Commission # 2163321 L, My Comm. Expires Aug 21, 2020 Seal Place Notary Seal Above Subscribed ,and swom tIo] (or affirmed) before me on this T- day of V ��� i� 20 E by Date Month Year (and (2) ) Name(s) of Signer(s) proved to me on 1hasis of satisfactory evidence to be the por who appeared before me. Public OPT!®NAL 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 AttachedDocument Title or Type of Document: 0 Document Date: (v 3 I Number of Pages: _ Signer(s) Other Than Named Above: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 DESIGNATION OF SURETIES Bidder's name TL VETERANS CONSTRUCTION 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): 361naymanUPeffonnence Bond: United States Fire Insurance Company, 305 Madison Ave. MMrisbWn, NJ 07982 / 973-4908800 Ce W,O le of Imurance/GenW.I/Aulomoblle Liability: Golden Ocean Insurance Center Inc., 3700 W Ishire Blvd. #1080 Los Angeles, CA 90010 / 213383 100 15 City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name TL VETERANS CONSTRUCTION INC. Record Last Five (5) Full Years Current Year of Record I he Information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts 4 6 2 N/A N/A N/A 12 Total dollar Amount of Contracts (in $708,830.00 $538,546.32 $114,080.00 N/'4 N/A N/A $1,361,556.32 Thousands of $ No. of fatalities 0 0 0 N/A N/A N/A 0 No. of lost Workday Cases 0 0 0 N/A N/A N/A 0 No. of lost workday cases involving permanent 0 0 0 N/A N/A N/A 0 transfer to another job or termination of employment I he Information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder TL VETERANS CONSTRUCTION INC. Business Address: Business Tel. No.: State Contractor's License No. and Classification: 18345 Sierra Hiohwav Unit 7 Santa Clarita CA 91351 661-299-6782 1000483 / B & C-33 Title Theodore Lee /President The above information was compiled from the records that are available to meat this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signa Iltle PRESIDENT Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business. under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 ��au�©��laa t�aa=PMF1P°OoSP p61%iY18�IfaG���Llg��9� 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 documerit. State of California ) County of LO( Ir1QQ�Q(' ) On I before me, f� n I�,tk .Cc1Y�h�, I10-}Iav 0:911,cData „ Here Insert Name and Title of thejffider Personally appeared � �IM r� C�"q(li/L{j '"-Q Signer(s) Who proved to me on the basis of satisfactory evidence to be the ers n Whose name( is/ar subscribed to the within instrument' and acknowledged t me that he/sh /tl�y executed the same In his/h//tF,a�lr authorized capacity(ieA and that by is/hef/t�lr signatui f(�) tFa Instrument the person , or the entity upon behalf of which the Person�cted, executed the i strument. I certify under PENALTY OF PERJURY under the laws of the State of Cglifornia that the foregoing paragraph Is true and correct. \ WITNESS FRANCHIESKA CARING Notary Public - California Los Angeles County z <„ Commission # 2163321 ss My Comm. Expires Aug 21, 2020 Place Notary Seal Above seal. ++ r Public OPTIONAL Though this section is optional, completing this inr'orrnadon can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �(tO � A C om 0Inll Title or Type of Document: (AY1$U1C�DV1( \V'1cument Date: Number of Pages: Signer(s) Other Than Named Above: .3 Capacity(les) Claimed by Slgner(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 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: City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name TL VETERANS CONSTRUCTION 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 ture 1 09-25-2017 IR, City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: TL VETERANS CONSTRUCTION INC. Business Address: 18345 Sierra Highway Unit 7 Santa Clarita, CA 91351 Telephone and Fax Number: 661-299-6784 California State Contractor's License No. and Class: 1000483 i B a C-33 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01-23-2015 Expiration Date: 01-31-2019 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: HARRISON LEE, VICE PRESIDENT 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 Theodore Lee President 18345 Sierra Highway Unit 7 Santa Clarita, CA 91351 661-299-6782 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor corn liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes'moo 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. TL VETERANS CONSTRUCTION INC. Bidder Theodore Gregory Lee (Print name of Owner or President of Corporation/Company) A_ President Authorized ignature/Title President Title A Date On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(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. S -X a} I �� (SEAL) Notary Public in and for said State My Commission Expires: 21 G��a9G�G5V� Qda =PN]r P C Q61 ivIppR9a �D�atk�L�� CIVIL CODE § ms 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 documegt. State of California n County of on- I I �� before me, Date Personally appeared I N06W ( (gni P1k 1 CU Y �nro I ��tUt Here Insert Name and Title of the Signer(s) who proved to me on the basis of satisfactory evidence to be the pe�spn Whose name is subsc fibs to the within instrument nd acknowledged tp me that he/ Iti2/t y executed the same in his/h�/toir authorized capacity(ies)and that b his/Ner/tY(air signature on e instrument the person or the entity upon behalf of which the person,g,(acted, executed the instrument -F;ANCHIESKA CARINU �+ Qy- Notary Public - CalifOrnia �' LOS Angeles County Z Commission * 2163321 n .�' vvMy—C,C,Tr -ExOtes Aug 21 2020 Place Notary Seal Above I certify Lltlder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d o_ ficial seal. ofYotary Public OPTIONAL Though this section is optional, completingthis Infomation can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �Icic�(Y TitlYe or Type of Document: t 1(h )'`R(�b�Q' 01 Document Date: � � 9 14 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s); O Partner — ❑ Limited ❑ General ❑ Individual 0 Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — T itte(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l: a:C:GL.cq<'v.-.iic• hY< vs(v<Cq: v -✓<v. v.-o:Cv 0 1I I I , h,:c.<'�<c-�ticvc :•rv<'ew.<:«c�..-'. •. I I I I or ill .R :11 (1--876-6827 •1 .:'i AT.. City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY Ci iN CORPORATION YARDS PAINTING PROJECT CONTRACT NO. 7153-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 24th day of October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and TL Veterans Construction, Inc., a California corporation ("Contractor"), whose address is 18345 Sierra Highway, Unit 7, Santa Clarita, CA 91351, 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 majority of the work necessary for the completion of this contract consists of preparing and painting metal, wood, drywall, and masonry interior and exterior horizontal and vertical surfaces for multiple buildings (the 'Project' or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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. 7153-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Seventy Thousand Dollars and 00/100 ($570,000.00). Additionally, the City has allocated a contingency amount of Fifty Seven Thousand Dollars and 00/100 ($57,000.00) for unexpected costs, for a total not to exceed of Six Hundred Twenty Seven Thousand Dollars and 00/100 ($627,000.00). No portion of the contingency shall be expended without prior written approval of City's Project Administrator. 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 Harrison Gregory Lee to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 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 TL Veterans Construction, Inc. Page 2 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: Theodore Gregory Lee TL Veterans Construction, Inc. 18345 Sierra Highway, Unit 7 Santa Clarita, CA 91351 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. TL Veterans Construction, Inc. Page 3 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or TL Veterans Construction, Inc. Page 4 subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, TL Veterans Construction, Inc. Page 5 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. TL Veterans Construction, Inc. Page 6 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred 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. TL Veterans Construction, Inc. Page 7 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, 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. TL Veterans Construction, Inc. Page 8 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] TL Veterans Construction, 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 OFNEW ORT ACH, CITY ATTORNEY'S OFFICE a California ni ; a� corpor Date: I� �� �I? Date: -� By: �5 /y: Aaron C. Harp 11.cri-f uldoon City Attorneys ATTEST: CONTRACT6R: TL Veterans Date: Construction, Inc., a California corporation Date: Signed in Counterpart By: By: Le' nil. own Theodore Gregory Lee Ci y Cler Chief Executive Officer/ Secretary � �EW�RT m [END OF SIGNATURES] Cq</FORN�h Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements TL Veterans Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and vear first written above. APPROVED AS TO FORM: CITY ATTORINI`EY'S OFFICE Date: By: -for Aaron C. Harp City Attorney AM* ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: TL Veterans Construction, Inc., a California corporation Date: "//9/ 20/7 By: By: i2, Leilani I. Brown Theodore Gregory Lee City Clerk Chief Executive Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements TL Veterans Construction, Inc. Page 10 EXECUTED IN 1 ORIGINAL COUNTERPART EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 602-115194-7 _ LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to TL Veterans Construction, Inc. hereinafter designated as the "Principal," a contract for the majority of the work necessary for the completion of this contract consists of preparing and painting metal, wood, drywall, and masonry Interior and exterior horizontal and vertical surfaces for multiple buildings 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 fall 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, UNITED STATES FIRE INUSRANCE 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 Six Hundred Twenty Seven Thousand Dollars and 001100 ($627,000.00) 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. 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 TL Veterans Construction, Inc, Page A-1 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 NOVEMBER 2017 . TL VETERANS CONSTRUCTION, INC. Name of Contractor (Principal) UNITED STATES FIRE INSURANCE COMPANY Name of Surety 305 MADISON AVE MORRISTOWN, NJ 07962 Address of Surety 973-490-6600 Telephone APPROVED AS TO FORM: CITY ATTO N Y' OFFICE Date: I 1� By' Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature KEVIN VEGA, ATTORNEY -M -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED TL Veterans Construction, Inc. Page A-2 GAPM@tRMAILL-PMRPJSI /�C� ll7@1}y6�DC�?Id�LF91 E:�::: r other officer completing this certificate verifies only the Identity of the Individual who signed the ch this certificate is attached, and not the truthfulness, accuracy, or validity of that document• State of Calif rnia ) County of On qjjT before me, �WL_11.Y_L�Q��%/i 1��tall P& Date Here Insert Name and Title of the Oh cer Personally appeared _ .�IVArl hV I r A A of who proved to me on the basis of satisfactory evidence to be the ergo Whose name(s)is/e his it to the within instrum t and acknowledged t me that he/sY(ej/ . executed the same in or the e � authorized if ofcaPw t es), and that b hislbfer/�fr signature on the instrument the persona( or the entity upon behalf of which the person�aacted, 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 FZ ` FRANCHIESKA CARING SI natur && Notary Public - California g i : s Los Angeles County i ublic Commission # 2163321 n ' My Comm. Expires Aug 21, 2020 Place Notary Seal Above OP770NAL Ihough 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: i 0 band I Q I Number of Pages: Signers) Other Than ed AbovDP current Date: al Capacity(ies) Claimed by Signer(a) Signer's Name: ❑ Corporate Officer — Title(s): O 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: LGL.G`.<L.<G✓<-`�G�<`U<Cb<G✓<GUG�✓KK✓,V✓<�✓<�<V.✓`,- OI I G I a ✓GL.KLG"LGL.GL:G"✓G�:.h.GL�GL/.GLKGL:�✓<V✓GL.G-aH✓iVG"b. - "eiGC.G 800 • 80068271 •, POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 04594432918 KNOW ALL MEN BY'1'HESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state ol'Delaware, has made, constituted and appointed, mid does hereby make, constitute and appoint: Philip E. Vega, Kevin Vega, Brittoa Christiansen, Allyrna Smith each, its true and lawful Atlorney(s)-fn-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United Stales Fire Insurance Company at its principal ollice, in amounts or penalties not exceeding: Seven Million, Five Hundred 'Thousand Dollars ($7,500,000). This Power of Attorney limits tine act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United Stales Fire Insurance Company except in the manner and to the extent therein stated. ']'his Power ol'Attorney revokes all previous Powers ot'Attorney issued on behalfol'the Attorneys -In -Fact manned above and expires on January 31, 2018. This Power of Attorney is granted pursuant to Article IV of' tile By -Laws of United States Fire Insurance Company as now in full force and ellbet, and consistent with Article III lhereol; which Articles provide, in pertinent part Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf'of the Corporation: (a) to execute, allix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any ollicer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of altorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the f'acsinnile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf' of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature ofany person or persons who shall have been such officer or officers of the Corporation, notwithstanding the lact that he may have ceased to be such at the little when such instruments shall be issued. IN WI'T'NESS WIf EREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate ollicer and its corporate seal hereunto affixed this 10" day of March, 2016. UNITED STA'l'E•S faRF. INRI IItANCE COMPANY Anthony K. Slimowiez, Senior Vice President State of New Jersey) County of Morris ) On this 101' day of March 2016, before me, it Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and ollicer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal ol'Uniled Stales Fire Insurance Company thereto by the authority ol'his office. / SOMA SCA LA NO'T'ARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIIIES3/25/2019 1, the undersigned ollicer of United States Fire Insurance Company, a Delaware corporation, do hereby certify, that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WI'T'NESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the8th day of Nov' 2017 UNITED STATES FIRE INSURANCE COMPANY AI Wright, Senior Vice Fresidem 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 LOS ANGELES On 11/08/2017 Date before me, PHILIP VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared KEVIN VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose names) Is/arm subscribed to the within instrument and acknowledged to me that he/slue/ftmy executed the same in his/herJtheir authorized capacity(les), and that by his/hec/HTeix signature(* on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the instrument. PHILIP VEGA 3 COMMA 2152121 11^ N $ NOTARY PUBLIC -CALIFORNIA U: LOS ANGELES COUNTY MY COMM. EXP. MAY 31010 f 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate 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: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907` EXECUTED IN 1 ORIGINAL COUNTERPART EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 602-115194-7 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ 23.98 PER (SUBJECT TO CHANGE BASED 15,040.00 UPON FINAL CONTRACT PRICE), being _ thousand of the Contract price. at the WHEREAS, the City of Newport Beach, State of California, has awarded to TL Veterans Construction, Inc. hereinafter designated as the "Principal," a contract for the majority of the work necessary for the completion of this contract consists of preparing and painting metal, wood, drywall, and masonry interior and exterior horizontal and vertical surfaces for multiple buildings 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 UNITED STATES FIRE INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, In the sum of Six Hundred Twenty Seven Thousand Dollars and 00/100 ($627,000.00) 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 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. TL Veterans Construction, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8TH day of NOVEMBER ,2017 TL VETERANS CONSTRUCTION, INC. Name of Contractor (Principal) UNITED STATES FIRE INSURANCE COMPANY Name of Surety 305 MADISON AVE. MORRISTOWN, NJ 07962 Address of Surety 972490-6600 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: By: Aaron C. Harp 2•� City Attorney Authorized Signature itle 7 Authorized Agent Signature KEVIN VEGA, ATTORNEY -in -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED TL Veterans Construction, Inc. Page B-2 CML CODE § 91®g A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of l Q ) 11 On Q before me, �U I j o �Ui� Date Here Insert Name and Title of the fc r Personally appeared 1 Y lY �N OH (I VP A n KA ( ,0 Of ------------------ who proved tome on the basis of satisfactory evidence to be the e Feinstrument subscribe to the within instrum t and acknowledg d t me that he% e/executed tse hese 1 e in or the r/their authorized capaci y( s), and that b his/ /t r signature( on tthe person�k), or the entity upon behalf of which the persor�acted, executed the i trument`. .......,mr FRANCHIESKA cARINo Notary Public -California i� 4f Los Angeles County Z Commission # 2163321 My Comm. Expires Aug 21, 2020 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 corret.� WITNESS my ha�d„p'nd official seal. of Notary Public OP770NAL Though this section is optional, completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended document. or Description of Attached Docu pyt Q Title or Type of Document - TO brpj // Number of Pages; Signers) O her Than Named AboDocument Date; �1 , Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Or`ficer — Ttle(s): O Partner — ❑ Limited ❑General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing; Signer's Name: ❑ Corporate Officer — Tiile(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ —1 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r7 -r . . POWEROFA'TTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MOItRIS'1'OWN, NEW JERSEY 04594432918 KNOW ALL MEN BY'I'll ESL' PRESENTS: That United Slates Fire Insurance Company, a corporation duly organized and existing under the laws or the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Philip E. Vega, Kevin Vega, Brition Christiansen, Myrna Smith each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as irsuch bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred 'Thousand Dollars ($7,500,000). '['his Power or Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power orAltorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2018. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution ol'Inslruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, allix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.1 I, Facsimile Signatures. The signature of any ollicer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, or such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalrorthe Corporation. The Corporation may continue to use for the purposes herein stated the Ihcsimile signature oruny person or persons who shall have been such ollicer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WI'T'NESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate ollicer and its corporate seal hereunto affixed this I0a' clay of March, 2016. UNI'T'ED STATER FIRR. INSI112ANCE COMPANY Anthony It. Slimowicz, Senior Vice President Slate of New Jersey) County of Morris ) On this 10°i day of March 2016, belbre me, a Notary public or the State of New Jersey, came the above named ofticer of United Slates Fire Insurance Company, to are personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal or United Slates Fire Insurance Company thereto by the authority orhis office. r( SONIASCALA .�.LA"v<_A-0. /I!�Ci--([;_ NO'T'ARY PUBLIC OFNEW JERSEY Sonia Scala (Notary public) MY COMMISSION EXPIRES 3/25/2019 1, the undersigned ollicer of Uniled States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power ol'Attorney of which the foregoing is a lull, true and correct copy is still in force and ellect and has not been revoked. IN WI'T'NESS WHEREOF, I have hereunto set my hand and affixed the corporate seat of United States Fire Irewrmoe. Company on the8th day of Nov. 2017 UNITED STATES FIRE INSURANCE CCMPP NY i 1 sC�JrF At Wright, Senior Vice President 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 LOS ANGELES On 11/08/2017 Date before me, PHILIP VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared KEVIN VEGA Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons whose names) is/art subscribed to the within instrument and acknowledged to me that he/sloe/t13ey executed the same in his/hv5Wtheir authorized capacity(tea), and that by his/hefAttei; signature(e) on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the instrument. PHILIP VEGA NCommA 215212 -o NOPUBLIC-- 9 IIn TARY PUBLIC-CAL!F1, iA V' L0S AN06LES COOK: t MY CONN. BAP. MAY 31. 2.�T20 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate 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: ©2014 National Notary Association • www.NationalNotary.orgY• 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an TL Veterans Construction, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for TL Veterans Construction, Inc. Page C-2 nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not TL Veterans Construction, Inc. Page C-3 intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these TL Veterans Construction, Inc. Page C-4 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. TL Veterans Construction, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 12/5/17 Dept./Contact Received From: _ Raymund Date Completed: 12/7/17 Sent to: Raymund By: Jan Company/Person required to have certificate: T L Veterans Construction — Corp Yards Painting Type of contract: 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/5/17 — 8/5/18 A. INSURANCE COMPANY: U.S. Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A++ / XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $lNV$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E 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 E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No Il. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 3/6/17 - 3/6/18 A. INSURANCE COMPANY: United Financial Casualty Company B. AM BEST RATING (A-: VII or greater) A+ / XI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,500,000 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 E Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/4/17-4/4/18 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): Not Rated 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 ® Yes ❑ No ® Yes ❑ No $1,000,000 IN Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No V BUILDERS RISK 11/15/17-11/15/18 AMERICAN ZURICH INSURANCE COMPANY Rated: A+/XV, Admitted ❑ N/A ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach 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: Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach CORPORATION YARDS PAINTING PROJECT Contract No. 7153-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7153-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: /o-3 Date TL VETERANS CONSTRUCTION INC. Bidder T: 661-299-6782 / F: 661-299-6784 _ d.t President Bidder's Telephone and Fax Numbers Bidder's Authorized Signature and Title 1000483 B & C-33 Bidder's License No(s). and Classification(s) 18345 Sierra Highway Unit 7 Santa Clarita, CA 91351 Bidder's Address Bidder's email address: theodore.lee@tiveterans.com PR -1 City of Newport Beach Lump Sum CORPORATION YARDS PAINTING PROJECT (C-7153-1), bidding on October 4, 2017 10:00 AM (Pacific) Bid Results $39,800.00 Bidder Details Vendor Name TL VETERANS CONSTRUCTION INC Address 18345 Sierra Highway #7 Santa Clarita, CA 91351 110000 United States $203,500.00 Respondee Theodore Lee Respondee Title President Phone 661-299-6782 EM. Email theodore.lee@tiveterans.com 1 Vendor Type DVBE,MBE $17,400.00 License # 1000483 CADIR Bid Detail Bid Format Electronic 7500 Submitted October 4, 2017 9:07:32 AM (Pacific) $10,125.00 Delivery Method Bid Responsive Bid Status Submitted Confirmation # 117586 32000 Ranking 0 $48,640.00 Respondee Comment Buyer Comment Attachments File Title File Name BID SUBMITTAL C-7153-1 TL Veterans Construction Inc. Addendum No 1 Acknowledgment.pdf BID SUBMITTAL C-7153-1 TL Veterans Construction Inc. Bid Bond.pdf Line Items Type Item Code UOM Qty Unit Price Section 1 1 Mobilization and Demobilization File Type General Attachment Bid Bond Line Total Comment PlanetBids, Inc. Page 1 Lump Sum 1 $39,800.00 $39,800.00 2 Paint Metal Surfaces Sq. Ft. 110000 $1.85 $203,500.00 3 Paint Exterior Roof Access Ladders and Cages Lump Sum 1 $17,400.00 $17,400.00 4 Paint Wood and Drywall Surfaces Sq. Ft. 7500 $1.35 $10,125.00 5 Paint Concrete/Masonry/Stucco Surfaces Sq. Ft. 32000 $1.52 $48,640.00 PlanetBids, Inc. Page 1 City of Newport Beach CORPORATION YARDS PAINTING PROJECT (C-7153-1), bidding on October 4, 2017 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 6 Paint Roof Flashing and Downspouts Lump Sum 1 $16,250.00 7 Paint Wooden and Metal Doors Each 120 $95.00 8 Paint Re -Fueling and Vehicle Wash Stations Canopies Lump Sum 1 $27,530.00 9 Make Metal Canopy Repairs (Building E) Lump Sum 1 $25,000.00 10 Paint Metal Canopy (Building E) Lump Sum 1 $18,700.00 11 Paint Transfer Station and Hoopers Sq Ft. 6000 $3.95 12 De -Rust and Paint Marina Park Lighthouse Ext Lump Sum 1 $24,200.00 13 City Hall Exterior Metal Surfaces Lump Sum 1 $80,480.00 14 Zero Deductible Two (2) Year Labor and Materials Extended Warranty Lump Sum 1 $23,275.00 Subtotal Total Subcontractors Name & Address Description License Num CADIR PianetBids, Inc. Line Total Comment $16,250.00 $11,400.00 $27,530.00 $25,000.00 $18,700.00 $23,700.00 $24,200.00 $80,480.00 $23,275.00 $570,000.00 $570,000.00 Amount Type Page 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CORPORATION YARDS PAINTING PROJECT CONTRACT NO. 7153-1 DATE: September 21, 2017 BY:— City Enginee TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. CHANGED: • Notice Inviting Bids: Bid Opening Date And Time: October 4, 2017 at 10:00 AM via PlanetBids. REPLACED: • Proposal Line Items. The changes are as follows: • REVISE QUANTITY: Line Item No. 2 Paint Metal Surfaces to 110,000 S.F • REVISE QUANTITY: Line Item No. 5 Paint Concrete/Masonry/Stucco Surfaces to 32,000 S.F. • REVISE LINE ITEM: Line Item No. 8 to be Paint Re -Fueling and Vehicle Wash Stations Canopies • REVISE QUANTITY: Line Item No. 11 Paint Transfer Station and Hoppers to 6,000 S.F. • ADD LINE ITEM: Line Item No. 13 City Hall Exterior Metal Surfaces (Lump Sum) • ADD LINE ITEM: Line Item No. 14 Zero Deductible Two (2) Year Labor and Materials Extended Warranty (Lump Sum) • Special Provisions, in its entirety. The changes are highlighted and in BOLD font. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) /0 - 03 - 20/I Date Authorized Signatuire & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORPORATION YARDS PAINTING PROJECT CONTRACT NO. C-7153-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Drawings; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; and (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the Standard Specifications for Public Works Construction may be purchased at the Building News Bookstore (www.bnibooks.com). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this Section, "The majority of the work necessary for the completion of this contract consists of preparing and painting metal, wood, drywall, and masonry interior and exterior horizontal and vertical surfaces for multiple buildings." 2-6.1 Work Locations Add this Section, "The buildings where work is to be performed are located within the City's Corporation Yards at 592 Superior Avenue, 949 W. 16th Street, 1600 West Balboa Boulevard, and 100 Civic Center Drive." 3-3 EXTRA WORK 3-3.2 Payment SECTION 3 - CHANGES IN WORK SP -A1 1 of 11 3-3.2.3 Markup Replace this Section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material." SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this Section: The time of completion as specified in Section 6-7, shall commence on the date of the Notice to Proceed. 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 SP -A1 2 of 11 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 their ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General Add to this Section: "The Contractor shall complete all work under Contract within 150 consecutive working days after the date on the Notice to Proceed. The Contractor shall complete all work at one building before starting work at the next location. No more than two (2) buildings can be worked on at the same time. No work shall occur when the surfaces to be painted do not meet the product manufacturers' application requirements such as minimum temperature, surface dryness, humidity, etc. Additional working days may be granted for such instances." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 13t (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 on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours Normal working hours for exterior work are from Dawn to Dusk, Monday through Friday. Normal working hours for interior work are generally from 7:00 AM to 3:30PM. However, the City will consider the Contractor's request to work alternate hours if such arrangements will expedite satisfactory work completion. The cost of working alternate hours shall be borne by the Contractor and no additional compensation shall be made. Utilities Yard at 949 West 161h Street: Weekend Work Only. SP -A1 3 of 11 City Hall: The portion of the work located between the City Hall Building and the parking structure is in a very high traffic zone. The Contractor is encouraged to strongly consider performing such work during non -business hours to avoid interference with the City Hall visitors. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City 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, and continuous sequence so as to minimize inconvenience to the City's operations." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS Replace this Section with "A City Building Permit is not required." 7-7 COOPERATION AND COLLATERAL WORK Add to this Section: "City work crews at the Yards are on continuous duty and will need continuous access to their facilities to respond incidents in the field. The contractor at all times shall be prepared to temporarily cease operation in short notice to give City crews access to retrieve the equipment, tools, and/or materials stored inside the buildings." 7-8.4 Storage of Equipment and Materials 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: The City will make every attempt to accommodate the contractor's access to various areas around the facility for onloading and offloading construction materials and equipment. If desired, the Contractor may enclose his storage area(s) with a minimum 6 -foot high chain linked fence. The storage area(s) shall contain all of the contractor's materials, supplies, equipment, machinery, toilets, workbenches, etc. The contractor's and workers' vehicles shall be parked within the Yards as designated by the Engineer. SP -A1 4 of 11 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. 7-8.5 Temporary Light, Power and Water. Add to this Section: "The Contractor will have gratis use of the City's water and power at the work sites." 7-8.6 Water Pollution Control Add to this Section, "All water used during the work containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this Section: The Contractor shall be responsible 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 fluid leaks. 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 City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code, 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this Section: "Since the City Yards operate continuously, the Contractor shall expect and plan for vehicle and pedestrian traffic around his work at all times. SP -A1 5 of 11 Construction delineators and other warning devices shall be placed whenever work is being performed along access roads within the Yards for safely." 7-10.4 Safety 7-10.4.1 Safety Orders Add to this Section: The Contractor shall be solely and completely responsible for conditions of the job -site, including the safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-15 CONTRACTOR'S LICENSES At the time of City Council contract award and until completion of work, the Contractor shall possess a valid General Building Contractor "B" or a Painting and Decorating Contractor "C-33" License issued by the State of California. From the start until work completion, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-2.1 Schedule of Values Add this Section to read, 'The apparent low bidder, upon 48 hours of bid opening, should submit a Schedule of Values to the Engineer, listing the cost breakdown to complete the work listed as "Lump Sum" in the Proposal." 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, 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 bid items included within the Proposal: SP -A1 6 of 11 Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing BMPs, construction schedule, Schedule of Values, site cleanup, at least one (1) portable toilet, and all other related work as required by the Contract Documents and these Special Provisions. Item No. 2 Paint Metal Surfaces: This bid item is for all metal painting work that is not specifically itemized under another bid item and shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; make incidental repairs to damaged surfaces to be painted (up to $5,000); and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. Metal louvers and sliding gates are a part of the work bid. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 3 Paint Exterior Roof Access Ladders and Cages: This Item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; make incidental repairs to damaged surfaces to be painted (up to $500); and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 4 Paint Wood And Drywall Surfaces: This Item shall include all of the equipment, materials, supplies, labor, and costs needed to to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; to make repairs/replacement to damaged surfaces to be painted (up to $5,000); to prepare all surfaces to receive the improvements; and to install at least one coat of primer and two (2) coats of new paint. The cost of remedial work for 'completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 5 Paint Concrete/Masonry/Stucco Surfaces: This Item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; to make repairs/replacement to damaged surfaces to be painted (up to $5,000); to prepare all surfaces (pressure washing, sanding, cleaning, etc.) to receive the improvements; and to install at least one coat of primer and two (2) coats of new paint. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 6 Paint Roof Flashing and Downspouts: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; to make incidental repairs to damaged surfaces to be painted (up to $5,000); to prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements; and to install at least one coat of primer and two (2) coats SP -A1 7 of 11 of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 7 Paint Wooden and Metal Doors: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; to make incidental repairs to damaged surfaces to be painted (up to $2,000); to prepare all surfaces to receive the improvements; and to install a minimum one coat of primer and two (2) coats of new paint/coating on all sides, edges, and jambs. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 8 Paint Re -fueling and Vehicle Wash Stations Canopies: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; to make incidental repairs to damaged surfaces to be painted (up to $2,000); to prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements; and to install at least one coat of primer and two (2) coats of new paint/coating on two (2) refuel stations and one (1) vehicle wash canopies. The surfaces to be painted include the top, underside, and sides of the canopies; the columns; the base plates; the bollards; all surfaces of the concrete island where the canopy is mounted upon; the fuel dispensers housing exterior metal surfaces, and the nearby small ground mounted propane tank next to the entrance gate along Industrial Way. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 9 Make Metal Canopy Repairs (Building E): In order to use the allowance amount listed in the Proposal to pay for the canopy repairs that need to be completed before the canopy can be repainted, the Contractor shall provide the Engineer with pricing of the extra work for consideration and approval. Any work performed without the City's prior approval will not be compensated. The unused allowance balance will be returned to the City. Item No. 10 Paint Metal Canopy (Building E): This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; to prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements; and to install a minimum one coat of primer and two (2) coats of new paint/coating. The surfaces to be painted include underside, and sides of the canopies; the columns; tension rods, lamp covers, conduits, base plates; and all other surfaces and items within the footprints of this "Building" that are currently painted. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 11 Paint Transfer Station and Hoppers: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; weekend work only; to prepare all surfaces (power washing; sandblasting, sanding, cleaning, and Aa.1i[:i.5lfii de -rusting) to bare substrate to receive the improvements; and to install a minimum two coats of primer and two (2) coats of new paint/coating. The surfaces to be painted under this bid item shall include the interior and exterior of the Operator's Office, all exposed waste hopper surfaces, ramps, lamp posts, parapets, etc up to 5,000 SF of surfaces as identified by the Engineer. Item No. 12 De -Rust and Paint Marina Park Lighthouse Exterior: The Marina Park Lighthouse at 1600 W. Balboa Boulevard is less than two years old. This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; provide traffic controls to keep the public from interfering with the work; to remove the rust that has bled onto exterior surfaces; and repaint with matching color. Item No. 13 City Hall Exterior Metal Surfaces: City Hall is located at 100 Civic Center Drive. This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to protect all other adjacent, adjoining, below or above city properties (landscaping, pavers, bricks, etc) from being damaged while completing the following work: 1. 3,000 Linear Feet of Second Floor Balcony Railings. All four (4) sides of these painted horizontal and verticle members shall be washed, cleaned, de -rusted, primed, and receive minimum two coats of paint. Since the surface area per linear foot of these members are similar, payment of this item shall be the same for the flat and angle members. 2. Lump Sum: Exterior Stairs Edge Barriers. These barriers are located next to the City Hall loading dock. This work include all of the painted horizontal members and verticle pickets along both sides of the staircase from the loading dock to the 2nd floor and be sanded, washed, de -rusted, primed, and covered with two coats of paint. 3. 1,400 Linear Feet of 10" Beams. All exposed and currently painted 1 -beams and angle beams surfaces under the roofs and attached to staircases shall be washed, cleaned, de -rusted, primed, and receive minimum two coats of paint. With the majority of the exposed beams being 10"+/- deep, payment for all beams (regardless of size) painted shall be the same per linear foot. Since a substantial number of the existing exterior beams do not exhibit rust damage, the Engineer will select the beams that are to be painted under this Item. An aerial lift is required to perform this work. 4. 1,200 Linear Feet of 10" Beams. All exposed and currently painted I -beams and angle beams surfaces under the roofs and attached to staircases shall be washed, cleaned, de -rusted, primed, and receive minimum two coats of paint. With the majority of the exposed beams being 10"+/- deep, payment for all beams (regardless of size) painted shall be the same per linear foot. Since a substantial number of the existing exterior beams do not exhibit rust damage, the Engineer will select the beams that are to be painted under this Item. SP -A1 9 of 11 5. 26 Light Poles Atop Parking Structure. The light poles and the bases mounted on the concrete pilasters shall be sanded, de -rusted, primed and painted with two coats of paint. The cost of safety equipment required to perform this work shall be made a part of the bid. Item No. 14 Zero Deductible Two (2) Year Labor and Materials Extended Warranty: This Item shall include all of the insurance, bonds, materials, labor, and equipment cost to return to City Hall and make repairs to painted areas that have rusted through. This warranty applies only to the City Hall building and the light poles atop the parking structure. The warranty includes up to two (2) calls per year at no more than 1,000 SF of repairs per Call. This warranty will become effective on the day after the standard 1 -year warranty per the Green Book has expired. 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 215 ---BUILDING CONSTRUCTION MATERIALS 215-1 BUILDING MATERIALS 215-1 BUILDING MATERIALS 215-1.1 Paint. The materials necessary to complete the work shall be as follows. No substitutions will be allowed. Contract shall provide the Engineer with color chips for approval prior to starting work Corporation Yards Buildings Primer: Dunn -Edwards UltraShield Multi -Surface Primer Metal Paint: Dunn -Edwards WB Syn-Lustro — Rust Preventive Non-metal Paint: Dunn -Edwards UltraShield Park Lighthouse, Trash Transfer Station and Hopper Exterior Surfaces and City Hall Primer: Rust-Oleum: C740 System Primer Paint: Rusto-Oleum C740 System 400 VOC DTM Alkyd Enamel Color: Match Existing Corporation Yard Transfer Station Trash Hopper Interior Concave Surfaces Finish Coating: Flororock FloroWear or similar Industrial Grade High -Impact -Resistant Epoxy Coating With Extra High Solids Content Substrate Preparation and "Primer": Per finish coating manufacturer instructions. Color: Match Existing SP -A1 10 of 11 PART 3 CONSTRUCTION METHODS SECTION 313 — PAINT SURFACE PREPARATION 313-1 GENERAL All surfaces shall be scraped, sanded (wood), pressure washed (non - wood), grinded (metal), patched, filled, or caulked in addition to the per primer and paint manufacturers' instructions to ensure proper adhesion. SP -A1 11 of 11