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HomeMy WebLinkAboutC-7509-1 - Restroom Buildings Maitnenance ProjectFebruary 11, 2021 TL Veterans Construction, Inc. Attn: Harrison Lee 520 S. La Fayette Park, #101 Los Angeles, CA 90057 Subject: Restroom Buildings Maintenance Project — C-7509-1 Dear Mr. Lee: 100 Civic Center Drive Newport Beach, Calirornia 92660 9419-644-3005 1949-64'4-3039 FAx newpor tbeachca.gov On February 11, 2020, 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 February 13, 2020 Reference No. 2020000060068. The Surety for the contract is United States Fire Insurance Company and the bond number is 602-120938-5. Enclosed is the Faithful Performance Bond. Sincerely, f - Leilani I. Brown, City Clerk Enclosure EXECUTED IN 2 ORIGINAL COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 602-120938-5 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,113.00 rate of $ 25 PER , being at the 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 work necessary for the completion of this contract consists of restroom building improvements at the following facilities: 58th Street Restrooms, Channel Place Park Restrooms, Eastbluff Park Restrooms, Balboa Pier Restrooms, Corona del Mar State Beach Restrooms, Buck Gully Restrooms, Port Westbourne Park Restrooms and Irvine Terrace Park Restrooms. Work shall consist of improvements as more fully described in Section 2-6 and Section 9-3 of the Special Provisions contained herein, 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 transact business under the laws of the State of California as Surle authorized to "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One r Hundred Sixty Four Thousand Five Hundred Dollars ($164,500.00) 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 OND the Principal's heirs, executors, s,administtrrators,4 successors, s, or asON IS SUCH, signs, fail oat if the rab delby,rand 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 TL Veterans Construction, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. in This Faithful Performance Bond shall be extended and maintained by the Principal Project llforce C ryd effect for one (1) year following the date of formal acceptance of the 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 12TH day of DECEMBER .206 TL VETERANS CONSTRUCTION, INC.) AUttlnYooA ' Name of Contractor (Pnnci al V �✓�s `�� p CIM1It�fu.�m:u_ 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 ATTOR E 'S OFFICE Date: 2 By: In `f) 3r 4% pnr: Aaron C. Harp City Attorney oI IS H Atnt: Authorized Agent Signature KEVIN VEGA, ATTORNEY -in -FACT Print Namea —nd Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED TL Veterans Construction, Inc Page B-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of `� is�,0frzY } On 01" 4�; zujy before me, fTay_lyiy !�/�� ; / --� P,h •J Vere mss name one true o the o er personally appeared lletrrjf�v? C7re.gc lj Lee --- �---- who proved to me on the basis of satisfactory evidence to be the persorlo"hose narneksrislra,rwsubscribed to the within instrument and acknowledged to me that he/. -Ad the same in his/ Ir authorized capacity(jesrand that by histpdff!-V'signature on the instrument the person(8j, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. x KIM WITNESS my hand and official seal. JUNGWOO _rry.'.` .; commission No. 2211167 NOTARY PUBLIC -CALIFORNIA �\ LOS VaersAANGELES r.OI 42 My Comm Expaes Al1GU5T Y4 2021 N•teotary Public Signature (Notary Public Seal) r OF THE ATTACHED DOCUMENT Fl V�'/'�wyMyr�• gaNi � (Title or description of attached document) (Title or description of attached document continued) Number of Pages -,�- Document Date f44 /-, Zary CAPACITY CLAIMED BY THE SIGNER EI/Individual (s) LIT Corporate Officer Vice prti✓rx�i+ (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other :,rs;I,. r. -vi ,ons yC;:'..'{13 tiRri:r INSTRUCTIONS FOR COMPLETING THIS FORM This farm complier with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /aro) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number orpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document with a staple. POWER OFATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 04594432918 KNOW ALL MEN BY TI IESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state or Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Philip B. Vega, Kevin Vega, Bruton Christiansen, Myrna SnritIl each, its true and lawful Auorney(s)-fn-Fact, with lull 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). This 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 States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2019. 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 pert: 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 fur any or all or the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. 'Phe 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, of such officer or officers of the Corporation as from time to time may be authorized (o sign such instruments on behalf of the Corporation. The Corporation may continue to use far the purposes herein stated the facsimile signature orally person or persons who shall have been such officer or officers of the Corporation, notwithstanding the liter that he may have ceased to be such at (lie time when such instruments shall be issued. IN WI'T'NESS W14EREOF, United Slates Fire Insurance Company hus caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10a' day of March, 2016. UNITED S'1'A'I'ES rI tar iN.cl TRANCE COMPANY State of New Jersey) Anthony R. Slinwwicz, Senior Vice President County of Morris ) On this 101' day of March 2016, before me, 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 officer described herein, and acknowledged that he executed the foregoing instrument and aRixed the seal ol'United States Fire Insurance Company thereto by the authority of his office, SONIASCALA NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/2512019 I, the undersigned officer or United Slates Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the loregoing 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 oFUnited States Fire Insurance Compary on the 12thday of Dec.. 2018 UNI'T'ED STA'L'ES FIRE INSURANCE COMPANY AI 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 12/12/2018 Date before me, PHILIP personally appeared KEVIN VEGA NOTARY PUBLIC Here Insert Name and Title of the Officer Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name( Is/aw subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/h5rAheir authorized capacity(Iss), and that by his/hec/ihek signature(* on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the instrument. PHILIP VEDA u'f " COMM•M 2152111 NOTANY PUOuC CALIFORNIA LOS ANGELES COUNIY MY COMM. EXP. MAY 71, 202A 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 off1Ci I. Signature Suns/ure 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: 0 Corporate Officer — Title(s): 11 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): CI Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator Cl Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 April 20, 2020 TL Veterans Construction, Inc. Attn: Harrison Lee 520 S. La Fayette Park, #101 Los Angeles, CA 90057 Subject: Restroom Buildings Maintenance Project - C-7509-1 Dear Mr. Lee: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On February 11, 2020 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 February 13, 2020, Reference No. 2020000060068. The Surety for the bond is United States Fire Insurance Company and the bond number is 602-120938-5. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN 2 ORIGINAL COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 602-120938-5 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 work necessary for the completion of this contract consists of restroom building improvements at the following facilities: 58th Street Restrooms, Channel Place Park Restrooms, Eastbluff Park Restrooms, Balboa Pier Restrooms, Corona del Mar State Beach Restrooms, Buck Gully Restrooms, Port Westbourne Park Restrooms and Irvine Terrace Park Restrooms. Work shall consist of improvements as more fully described in Section 2-6 and Section 9-3 of the Special Provisions contained herein, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, UNITED STATES FIRE INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Sixty Four Thousand Five Hundred Dollars ($164,500.00) 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. TL Veterans Construction, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12TH day of DECEMBER 2018 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 _ATTOR EY' OFFICE Date: G� By: ,=,(.Aaron C. Harp ol.01q City Attorney CAm* r V ice.. pVe;i-� Authorized Signature/Title Authorized Agent Sign re 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 v� CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ILOS n LL �� On l��yo 'r'?,U,r r Za/ before me, Z Wai% ' Ns�lzl Ra Met, k , ere nsen name ano mle of me o r personally appeared o!rN15o"h 6rew-2 1-" who proved to me on the basis of satisfactory evidence to be the person(gohose name( /a;e-subscribed to the within instrument and acknowledged to me that he/§.4e/tbey-executed the same in his/h.. r authorized capacityoesrand that by his/t1arltl;w<rsignaturl>,(sl-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. JUNGWOO KIM Commission No. 2211167 WITNESS my hand and official seal. omy NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY Comm E.pres AUGUST 24 1021 Notary Public Signature (Notary Public Seal) . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long l/ l/� -- ,].'� �% q I /7 n as the wording does not require the California notary to violate California notary C rlr"'1�l'iAdL law. -r NI /rlN (Title or description of attached document ' State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Titre or description of attached document continued) Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. ,,21 • The notary public must print his or her name as it appears within his or her Number of Pages Document Date Hp iz. %7) / commission followed by a comma and then your title (notary public). / • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hetshellhey- is /are ) or circling the correct forms. Failure to correctly indicate this Individual (s) information may lead to rejection ofdocument recording. [❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. -4 Impression Impression must not cover text or lines. If seal impression smudges, re -seal if a (Tit ) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. El Other the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 201?i Version wvv✓ VotaryClasse^.,.Com 8001 91.3-• Securely attach this document to the signed document with a staple. POWER OFATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 04S94432918 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, mad does hereby make, constitute and appoint: Philip E. Vega, Kevin Vega, Britton Christiansen, Myrna Smith each, its true mid lawful ABorney(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 if such 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 Fhurdred Thousand Dollars ($7,500,000). This Power of 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 of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2019. '['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 cilbet, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Cxecution 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 behalfof 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, mcognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, lenses, 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 111, 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; 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 par the purposes herein stated the lecsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the lust that he may have ceased to be such al 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" day of March, 2016. UNITED STATE.c FIRE. INSII a ANCE COMPANY State of New Jersey) Anthony R. Slimowicz, Senior Vice President Countyof Morris ) On this 10" day of March 2016, before tile, 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 officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. //JJ SONIASCALA ,/1Rb�cl(�GL.-l".Cti. NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2019 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney ofwhich the foregoing is a full, true and correct copy is still fu 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 the 12thday of Dec.. 2078 UNITED STATES FIRE INSURANCE COMPANY A ; i AI 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 12/12/2018 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 persont whose names) Is/ark subscribed to the within instrument and acknowledged to me that he/ske/ftYey executed the same in his/herAheir authorized capacity(tes), and that by hls/hecRhelr signatures) on the Instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the Instrument. PHILIP VERA m �� w COMM.# 2152121 1�p (� ® NOTARY PUBLIC -CALIFORNIA V! Lot ANOILD COUNTY w +� .M" MY COMM. BAP. MAY 31, 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 correct. WITNESS my handand eal. Signature Yature 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: Signer(s) Other Than Named Above: Document Date: 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: MUMMMMEWPO©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 85907 tiR IMi1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111 1IIII 111111111111111111111 1111IIII 11111 11111 11111 11111 11111111 NO FEE * S R 0 0 1 1 4 7 8 9 1 6 8 2020000060068 8:49 am 02113120 90 SC5 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 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., Los Angeles, California, as Contractor, entered into a Contract on November 27, 2018. Said Contract set forth certain improvements; as follows: Restroom Building Maintenance Project - C-7509-1 Work on said Contract was completed, and was found to be acceptable on February 11, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United States Fire Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. n,.�n,A Executed on �f�l` �t+tr� I / 2 �{% at Newport Beach, California. BY e6Q J,�M City Clerk https:Hgs.secure-recording.com/BatclVConfirmation/5895158 02/13/2020 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., Los Angeles, California, as Contractor, entered into a Contract on November 27, 2018. Said Contract set forth certain improvements, as follows: Restroom Building Maintenance Project - C-7509-1 Work on said Contract was completed, and was found to be acceptable on February 11, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United States Fire Insurance Company. m Public Works DirectbL City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on f * )Z �Z� at Newport Beach, California. BY QIP c i City Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted to the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 No later than 10:00 AM on the 6th day of November, 2018, at which time such bids shall be opened and read for RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 $150,000 - $165,000 Engineer's Estimate Approved by Mr>�el J. Sinacori Acting City Engineer Prospective bidders may obtain Bid Documents and Project Specifications via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "B" For further information, call Fong Tse, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7609-1 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................................................... Cover INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BIDDER'S BOND 6 DESIGNATION OF SUBCONTRACTOR(S) ................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT ..................................................................... 13 DESIGNATION OF SURETIES ...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA ....................................................................... 18 INFORMATION REQUIRED OF BIDDER ..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER ........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND ........................................................... Exhibit B INSURANCE REQUIREMENTS ................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS ............................................................................................ SP -1 2 City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT The City Clerk's Office will open and read the bid results immediately following the Bid Opening Date. The Bid Results are immediately available to the public following the Bid Opening Date. Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 3 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 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. 4 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 reviewe 1000483 / B and C-33 Nice President 4Contractor's License No. & Classification Authorized S gnature/Title 1000026569 / June 30th, 2019 November 1st, 2018 DIR Reference Number & Expiration Date TL Veterans Construction Inc. Bidder 5 Date City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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 RESTROOM BUILDINGS MAINTENANCE PROJECT, Contract No. 7509-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 1ST day of NOVEMBER 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 2018. Authorized Signature/Title Authorized Agent S nature KEVIN VEGA, ATTORNEY -in -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) L POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRIS'TOWN, NEW JERSEY KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws2of he state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Pluhp E Vega, Kevin Vega, Britton Christiansen, Myrjra Snritit 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 de Any and all bonds and undertakings of'surety and other documents that the ordinary course of surety business may require, and to bind United Stat Insurance Company th--reby as 'fully and to the same extent as ifsuch bonds or undertakings had been duly executed and acknowledged by the regularly liver: officers $ United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Hive hundred Thousand es Fire Dollars Of United S , g y elected ousand This Power of 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 fnsurtnce Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on Janua_ry 31 20 "Phis 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 eff9 consistent with Article Ill thereof, which Articles provide, in pertinent part: ec.t, and Article IV, Exe:ution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-Presid nit, 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 '.vr.atsoever 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, satisfac;it*ns and agency agreements; o t sea appoint, in .i riling, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including aftixin the seal to the Corporacion. g Article 111, Oftieers. Section 3.11,Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds guarantees, undertak. igs, recognizances, stipulations, tt powers of attorney or revocations orally powers ofaorney and policies of insurance issued by the Corpor elion may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend \,arrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signalur(s, lithographed or otherwise authorized to sign produced, of such officer or officers of the Corporation as li•om time to time may be suc instruments on behalf of the Corporation, The Corporation may continue to use for the purposes herein slated the facsimile signature of ,, i person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be ach al the time when such instruments shall. be issued. IN WI'T'NESS WHEREOF, U., ited States Fire Insurance Company has caused these presents to be signed and attested b its corporate seal hereunto affixed th is 10°i day of March, 2016. Y appropriate officer and its UNITEDSTATER clan. INRI IRANCg COMPANY State of New Jersey) Anthony R.Slimowicz, Senior Vice President County of Morris ) On this 10'x' day of March 2016, before me% a Notary public of the State of New Jersey, came the above named officer of United States Fire In Company, to me personally known to be the i, dividual and officer described herein, and acknowledged that he executed the foregoing instrument and the seal of United States Fire Insurance Compauv thereto by the authority ofhis office. Insurance affixed SONIA SCALA J NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 3/25/20.19 Sonia Scala ry I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Poweraof Attolrne of whi foregoing is a full, true and correct copy is still in force and effect and has not been revoked. Y ch the IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 1st day of Nov.. 2 18 UNITED STATES FIRE INSURANCE COMPANY 0 f, 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 11/01/2018 Date personally appeared before me, PHILIP VEGA, NOTARY PUBLIC KEVIN VEGA Here insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name( is/arm subscribed to the within instrument and acknowledged to me that he/slae/tTTey executed the same in his/Prey h,&ir authorized capacity(bsL and that by his/htr/`Ehei4 signature(s), on the instrument the personNI, or the entity upon behalf of which the personN acted, executed the instrument. �. s�v°P PHILIP VEGA Y Comm, # 2152111 ''nn NOTARY PUBLIC -CALIFORNIA Ul LOS ANOELE9 COUNTY MY COMM, EXP, MAY 31, 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 correct. WITNESS my hand and official Signature Signature AfA#ary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached 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.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: CG & K Design and Build Inc. Address:14555 Valley View Ave Suite J Santa Fe Springs, CA 90670 Newport Beach Restroom Phone: 562-229-0077 1 Buildings Maintenance 85.0 State License Number: 1005014 DIR Number: 1000027036 Email Address: Name: Address: Phone: N/A State License Number: DIR Number: Email Address: Name: Address: Phone: N/A State License Number: DIR Number: Email Address TL Veterans Construction Inc. Bidder 01 / Vice President Authorized Signature/Title City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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 $120,000, provide the following information: No. 1 Project Name/Number Newport Beach Police Department Remodel / C-7261-1 Project Description Remodeling of Newport Beach Police Department Approximate Construction Dates: From 06-11-2018 Agency Name City of Newport Beach To: 10-29-2018 Contact Person Peter Tauscher Telephone (949) 644-3316 Original Contract Amount $496,800.00Final Contract Amount $ 530,000.00 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 10 No. 2 Project Name/Number South Scattered Sites windows replacement / CDC17-089 Project Description Building improvement at LACDC Apartments, including window replacement and interior painitng Approximate Construction Dates: From 05-02-2018 To: 10-29-2018 Agency Name Los Angeles Community Development Commission Contact Person Ivan Valdez Telephone (26) 568-1851 Original Contract Amount $589,000.00Final Contract Amount $ 698,000.00 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 No. 3 Project Name/Number Police Facility Exterior Stairs Replacement / C-7212-1 Project Description Exterior stairs demolition and replacement at the Newport Beach Police Dept. Approximate Construction Dates: From 12-4-2017 To: 12-16-2017 Agency Name City of Newport Beach Contact Person Fong Tse Telephone (949) 644-3321 Original Contract Amount $53.200.00 Final Contract Amount $ 53,200.00 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 11 No. 4 Project Name/Number Alaquinas - Phase 2: Cabinet hinges replacement / FY18-06 Project Description Cabinet hinges replacement at multiple residential complexes Approximate Construction Dates: From 10-24-2017 Agency Name San Diego Housing Commission To: 11-07-2017 Contact Person Steve Dean Telephone (619) 578-7515 Original Contract Amount $49,850.00 Final Contract Amount $49.850.00 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 Marcos Campus Painting / 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. N/A 12 No. 6 Project Name/Number Rehabilitation at Alaquinas Apartments / GPNA-17-07 Project Description Install retrofit windows complete clean/re-varnish cabinetry Approximate Construction Dates: From 04-21-2017 Agency Name San Diego Housing Commission Contact Person Steve Dean To: 07-21-2017 Telephone (619) 578-7515 Original Contract Amount $292,800.0(Final 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. 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 sufficiently comprehensive to permit an appraisal of the Cont actor's conditions. TL Veterans Construction Inc. Bidder 13 other information current financial / Vice President Authorized Signature/Title HARRISON GREGORY LEE (213) 210-6343 I harrison.leentiveterans.com EMPLOYMENT TL Veterans Construction Inc. Senior Vice President Los Angeles, 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. Santa Clarita, CA Vice President October 2oo9-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 Ivy Construction Inc. Santa Clarita, CA President September 2007 -September 2009 • Supervised all firm operations • Secured all contracting opportunities • Participated in over 20 private and public works projects as a subcontractor 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 • 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 RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. Countyof Los Angeles ) Harrison Lee being first duly sworn, deposes and says that he or she is Vice President of TL Veterans Construction Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Californip that the foregoing is true and correct. TL Veterans Construction Inc. /Vice President Bidder Authorizegig ture/Title Subscribed atad sworn to (or affirmed) before me on this 1st day of November , 2018 by \ satisfactory evidence to be , proved to me on the basis of (s) who appeared before me. I certify under PENALTY OF PERJURY un the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Pub My Commission i8w Attached Ceffficate CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 CjVSee 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) Signature of Document Signer No. 1 Signature of Document Signer No. 2 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 STEPHANIE CHO NotaryPublic- California Z z Los Angeles County n Commission # 2196677 My Comm. Expires May 12, 2021 , Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 1 day of November 20 18 . by Date Month Year (1) Harrison Gregory Lee proved to to be the Signature OPTIONAL Name�Qf Signer�s,� me on the basis of satisfactory evidence person�(s_who appeared before me. Signature of Notary Public 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: Non -Collusion Affidavit (Contract No. 7509-1) Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: 11/01/2018 ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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): Bid/Payment/Performance Bond: United States Fire Insurance Company 534 E. Badillo St., Covina, CA 91723 626-859-1000 Certificate of Insurance/General/Automobile: Golden Ocean Insurance Center Inc. 300 Wilshire Blvd. #1080, Los Angeles, CA 90010 213-383-6100 15 City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts 7 8 5 N/A N/A N/A 20 Total dollar Amount of Contracts (in $2,810,417.50 756,341.32 $347,635.00 NIA N/A N/A 3,914,393.82 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 N/A N/A N/A 0 permanent 0 0 0 transfer to anotherjob or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: TL Veterans Construction Inc. 520 S. La Fayette Park PI #101, Los Angeles, CA 213-325-2725 1000483 / B & C-33 Title Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Vice President 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 See Attached Cartificnto CALIFORNIA ALL-PURPOSE O. •. 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 11/01/2018 before me, Stephanie Cho. "Notary Public" Date Here Insert Name and Title of the Officer personally appeared Harrison Gregory Lee NameN,of Signe who proved to me on the basis of satisfactory evidence to be th erson(s�a �whose namere Oandcribed to the within instrument and acknow dged to me that a he/they executed the same in i her/their authorized capacity�ie that by is er/their signature on the instrument the person( the entity upon behalf of which the personNac ed, executed the instrument. 0 '� a," I STEPHANIE CHO NotaryPublic- California z Los Angeles County n Commission a 2196677 My Comm. Expires May 12, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature P�� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contractor's Industrial Safety Record To Accompany Proposal Document Date: 11/01/2018 Number of Pages: 1 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: 02015 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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 Signature N/A im City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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: 520 S. La Fayette Park PI #101, Los Angeles, CA 90057 Telephone and Fax Number: 213-325-2725 / 213-325-3081 California State Contractor's License No. and Class: 1000483 / B & C-33 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1-23-2015 Expiration Date: 1-31-2019 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 Harrison Lee Vice President 520 S La Fayette Park PI #101, Los Angeles CA 90057 213-325-2725 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, orfictitious business names used by any principal having interest in this proposal are as follows: TL Veterans Construction Inc. 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. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /02D 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. TL Veterans Construction Inc. Bidder A notary public or other officer completing this certificate verifies only the Identlty of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accurac or valldlt of that document. Theodore Lee (Print name of Owner or President of Corpora io /Company) /Vice President Authorized Signature/Title Vice President Title November 1 st. 2018 S+atA, o Ca �i�Ovv1 aDate Co u,.,ti -0 Ca s A"i,� ,y On 11 / I / 201$ before me, S l i a a inn �i o Notary Public, personally appeared H4; -y; --i1 e �— who proved to me on the basis of satisfactory evidenced to b he person"ose name i e subscribed to the within instrument and ack wledged to me that he/they executed the same in is er/their authorized capacity(I and that by is er/their signature�n the instrumentthe person(,�r the entity upon behalf ofwhich the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. STEPHANIECHO NotaryPublic- California Z (SEAL)Los Angeles County Z Commission # 2196677 Notary Public in and for said State e (,a (� �Ovw�� My Comm. Expires May 12,2021 My Commission Expires: d 5 � �2 /Loyd 21 City of Newport Beach RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 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 RESTROOM BUILDINGS MAINTENANCE PROJECT CONTRACT NO. 7509-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of November, 2018 ("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 520 S. La Fayette Park PI, #101, Los Angeles, CA, 90057, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of restroom building improvements at the following facilities: 58th Street Restrooms, Channel Place Park Restrooms, Eastbluff Park Restrooms, Balboa Pier Restrooms, Corona del Mar State Beach Restrooms, Buck Gully Restrooms, Port Westbourne Park Restrooms and Irvine Terrace Park Restrooms. Work shall consist of improvements as more fully described in Section 2-6 and Section 9-3 of the Special Provisions contained herein (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7509-1, 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 One Hundred Sixty Four Thousand Five Hundred Dollars ($164,500.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work, and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Harrison 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 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to TL Veterans Construction, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Harrison Lee TL Veterans Construction, Inc. 520 S. La Fayette Park, #101 Los Angeles, CA 90057 8. INDEPENDENT CONTRACTOR TL Veterans Construction, Inc. Page 3 City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. TL Veterans Construction, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City TL Veterans Construction, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be TL Veterans Construction, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. TL Veterans Construction, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. TL Veterans Construction, Inc. Page 8 20.9 Equal Opportunity Employ. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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 ATTORNEY'S OFFICE Date -- By: Pr,Y.' ate: By:fir,Y: Aaron C. Harp I00-100 City Attorney ATTEST: Date. - )I') : By: gAi C�Ibl svv Leilani I. Brown City Clerk x CITY OF NEWPORT BEACH, a California municipal corporation Date: By*shDuffy�Du ffield Mayor CONTRACTOR: TL Veterans Construction, Inc., a California corporation Date - Signed in Counterpart By: Theodore Gregory Lee 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 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: o CITY OF NEWPORT BEACH, a California municipal corporation Date: By: U.w��i`iGG�yL..— By: Po(: Aaron C. Harp 11.30.1 Marshall "Duffy" Duffield City Attorney a Mayor ATTEST: Date: in Leilani I. Brown City Clerk CONTRACTOR: TL Veterans Construction, Inc., a California corporation Date: /�? 9 Zzo/9 By: Theodore Gregory Lee 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 2 ORIGINAL COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 602-120938-5 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 work necessary for the completion of this contract consists of restroom building improvements at the following facilities: 58th Street Restrooms, Channel Place Park Restrooms, Eastbluff Park Restrooms, Balboa Pier Restrooms, Corona del Mar State Beach Restrooms, Buck Gully Restrooms, Port Westbourne Park Restrooms and Irvine Terrace Park Restrooms. Work shall consist of improvements as more fully described in Section 2-6 and Section 9-3 of the Special Provisions contained herein, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, UNITED STATES FIRE INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Sixty Four Thousand Five Hundred Dollars ($164,500.00) 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. TL Veterans Construction, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of 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 12TH day of DECEMBER , 2018 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 ATTORNEY OFFICE Date: �G 77 By: 1. (--,oj, Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Sign re 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 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LS $lis On l �'�tr (7,7,ia�W, gal g before me, c:7-cl/71"'y�J 4�14', ere insert name and title ot the o i r) personally appeared t jarr 5-;r�7 who proved to me on the basis of satisfactory evidence to be the person(."hose name(/aje-subscribed to the within instrument and acknowledged to me that he/ Wtbey—executed the same in his/h:er/thelr authorized capacity( and that by his/h,@M Ir signature,(-g)'bn the instrument the person(�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. JUNGWOO KIM WITNESS my hand and official seal. orrr^��� • `'� Commission No. 2211167 NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY My Comm Expires AUGUST 24 2021 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT %4or Ah -w (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date Hn,t2. 7w1� CAPACITY CLAIMED BY THE SIGNER ❑/ Individual (s) C Corporate Officer u -Q- 19rC.rS`?401 f " (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other �) 3 �. �:., �R1i; .v. .z ... �.:ir fC.i35`>i?`�.Gv`n•, iii,. _. ��7:'�1r;fJJ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 4e/she/4o=y; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. POWER OFATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 04594432918 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the stale 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) -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 if such 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). This Power of 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 ['ower of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2019, 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 111 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 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 producedi 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 of any 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 Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10°i day of March, 2016. UNITED STATES FIRF. MRIIIIANC.ECOMPANY Anthony R. Slimowicz, Senior Vice President State of New Jersey) County of Morris ) On this l0'h day of March 2016, before me, 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 officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. / SONIA SCALA NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2019 1, the undersigned officer 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 12thday of Dec.. 2018 UNITED STATES FIRE INSURANCE COMPANY 61�1 9 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 12/12/2018 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/ate subscribed to the within instrument and acknowledged to me that he/ske/Ney executed the same in his/her,/their authorized capacity(bss and that by his/ht%/theix signature(s), on the instrument the person(), or the entity upon behalf of which the personN acted, executed the instrument. ,sem,° rhe PHILIP VEGA CoMM. # 2152121 NOTARY PUBLIC• CALIFORNIA UJ LOS ANGELES COUNTY Gtrwa+� MY COMM, EXP, MAY 31, 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 correct. WITNESS my hand and -seal. Signature ig ature 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: L�''.�i^�r`G. '.J6C�"�/v .r y � ��v-rrwr�4c�.rzer rxy[ �.v>� •�� w ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXECUTED IN 2 ORIGINAL COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 602-120938-5 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,113.00 , being at the rate of $ 25 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 work necessary for the completion of this contract consists of restroom building improvements at the following facilities: 58th Street Restrooms, Channel Place Park Restrooms, Eastbluff Park Restrooms, Balboa Pier Restrooms, Corona del Mar State Beach Restrooms, Buck Gully Restrooms, Port Westbourne Park Restrooms and Irvine Terrace Park Restrooms. Work shall consist of improvements as more fully described in Section 2-6 and Section 9-3 of the Special Provisions contained herein, 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 One Hundred Sixty Four Thousand Five Hundred Dollars ($164,500.00) 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 TL Veterans Construction, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12TH day of DECEMBER 2018 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 ATTORNEY'S OFFICE Date: 2 By: p,of: Aaron C. Harp 01 -le -19 City Attorney (Ara -di- UCS Authorized Signature/Titl 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 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of os ��Oj } On /1r 4 �,Zmcle V 2vj� before me, 96-lnOW tV /�� /(�% A0'c , V ere insert name and title o the o cer x'00 -1S-0 C-7tzyOnU L e personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose names/ate subscribed to the within instrument and acknowledged to me that he/he-�-e_xecuted the same in his/rj.er/f�► Ir authorized capacity(jesj'and that by his/Ior/f&et'rsignatuie on the instrument the person(8,—or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,.a;•,.,, JUNGWOO KIM WITNESS my hand and official seal. Commission No. 2211167 NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY My Comm Expires AUGUST 24 2021 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. Document Date Sµ ��, /� • The notary public must print his or her name as it appears within his or her Number of Pages commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fonns by crossing off incorrect fours (i.e. he/she/they-,- is /are ) or circling the correct forms. Failure to correctly indicate this ❑ /Individual (s) infonnation may lead to rejection of document recording. YCorporate Officer • The notary seal impression must be clear and photographically reproducible. Vice A -y' z., Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. E] Other . Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securer attach this document to the signed document with a staple. y g P POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY 04594432918 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the stale 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 raid lawful Attorney(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 as fully and to the same extent as ifsuch 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). This Power of 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 of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2019. This Power of Attorney is granted pursuant to Article 1V of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article 111 thereof, which Articles provide, in pertinent part: Article 1V, 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 111, 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, 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 fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS 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°i day of March, 2016. UNITED STATESFIRE.INSI RANCECOMPANY Anthony R. Slimowicz, Senior Vice President State of New Jersey) County of Morris ) On this 10'x' day of March 2016, before me, 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 officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIASCALA NOTARY 13UBLICOFNEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2019 1, the undersigned officer 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the l2thday of Dec.. 2018 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 12/12/2018 Date personally appeared before me, PHILIP VEGA, NOTARY PUBLIC KEVIN VEGA Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose names) is/are subscribed to the within instrument and acknowledged to me that he/eine/ftTey executed the same in his/hi%/their authorized capacity(hes)., and that by his/he+/?he signature(. on the instrument the personNs , or the entity upon behalf of which the personN 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. PHILIP VEGA WITNESS my hand and off' i y'Y COMM. # 2152121 '�nn N w. NOTARY PUBLIC -CALIFORNIA U! LOS ANGELES COUNTY Signature MY Comm, Exp, MAY 31, 2020 "' 9 Sirnblure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten TL Veterans Construction, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be 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 TL Veterans Construction, Inc. Page C-3 review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. TL Veterans Construction, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/12/18 Dept./Contact Received From: Raymund Date Completed: 12/12/18 Sent to: Raymund By: Jan Company/Person required to have certificate: T L Veterans Construction -Restroom Bldg Maintenance Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/5/18 — 8/5/19 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): D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must N/A include): Is it included? (completed Operations status does F. ADDITIONAL INSURED WORDING: ❑ N/A not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® Yes ❑ No COMPLETED OPERATIONS ENDORSEMENT (completed ® N/A ❑ Yes Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City ❑ No its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 3/6/18 — 3/6/19 A. INSURANCE COMPANY: United Financial Casual B. AM BEST RATING (A- : VII or greater) A+ / XI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® 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? $2,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/4/18 — 4/4/19 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No 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 * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL RESTROOM BUILDINGS MAINTENANCE PROJECT Contract No. 7509-1 To the Public Works Director City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 PR1of3 The undersigned declares that he has carefully examined the work sites and the Special Provisions, has a complete understanding of the scope of required work, and hereby proposes to furnish all materials and labor and perform all work required to complete the Contract in accordance with the Contract Documents, and will take in full payment therefore the following prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND LUMP SUM TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Porta -Potty Service 2 3 112 @ Six Thousand Eight Hundred Fifty Dollars and Zero Cents $ 6,850.00 Per Lump Sum Lump Sum 58th Street Restrooms @ Twenty Four Thousand Four Hundred Dollars and Zero Cents $ 24,400.00 Per Lump Sum Lump Sum Channel Place Park Restrooms @ Twenty Eight Thousand Seven Hundred Dollars and Zero Cents $ 28,700.00 Per Lump Sum Lump Sum Eastbluff Park Restrooms @p Seventeen Thousand Three Hundred Fifty Dollars and Zero Cents $ 17,350.00 Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Balboa Pier Restrooms @ Eleven Thousand Eight Hundred Dollars and Zero Cents $ 11,800.00 Per Lump Sum 6. Lump Sum CDM State Beach Restrooms (Two Buildings) p@ Eighteen Thousand Two Hundred Dollars Zero and Cents 18,200.00 $ Per Lump Sum 7. Lump Sum Buck Gully Restrooms @ Twenty Five Thousand Seven Hundred Dollars and Zero Cents $ 25,700.00 Per Lump Sum 8. Lump Sum Port Westbourne Park Restrooms @Twenty Two Thousand Eight Hundred Dollars and Zero Cents $ 22,800.00 Per Lump Sum 9. Lump Sum Irvine Terrace Park Restrooms @ Eight Thousand Seven Hundred Dollars and Zero Cents $ 8,700.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS One Hundred Sixty Four Thousand Five Hundred Dollars and Zero Cents $ 164,500.00 November 1st, 2018 Date Total Price (Figures) TL Veterans Construction Inc. Bidder PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Tel: 213-325-2725 / Fax: 213-325-3081 ` /Vice President Bidder's Telephone and Fax Numbers 1000483 / B and C-33 Bidder's License No(s). and Classification(s) Bidder's Authorized Signature and Title 520 S. La Fayette Park PI #101 Los Angeles CA 90057 Bidder's Address Bidder's email address: theodore.lee@tiveterans.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS RESTROOM BUILDINGS MAINTENANCE PROJE Contract No. 7509-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Referenced As -Built Drawings; (3) the applicable Codes (Current Edition); (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (Current Edition), including Supplements; and (5) Standard Specifications for Public Works Construction (2018 Edition), including supplements. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News Inc. (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 Refer to Section 9.3 - Payment of these Specifications. 2-6.1 Work Locations Add this Section, "The buildings where work is to be performed are - 1 . re:1. 58th Street Restrooms (58th Street @ Seashore Drive). 2. Channel Place Park Restrooms (Channel Place @ River Avenue). 3. Eastbluff Park Restrooms (Vista Del Oro @ Hacienda). 4. Balboa Pier Restrooms (Balboa Pier). 5. CDM State Beach Restrooms (Corona Del Mar State Beach). 6. Buck Gully Restrooms (Ocean Blvd Extension to Little Corona Del Mar Beach). 7. Port Westbourne Park Restrooms (Port Westbourne PI @ Port Barmouth PI). 8. Irvine Terrace Park Restrooms (Seadrift Drive @ Evita Drive)." SP1 of 12 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." 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 thorough 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. SP2of12 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the Schedule and may require the Contractor to modify the Schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated their ability to maintain the approved schedule in the future. Such work stoppage 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 120 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. Unless otherwise authorized by the City, all work at any one site shall be completed within ten (10) working days and before Memorial Day. All restrooms shall be open for public use no later than 3PM on Fridays unless weekend porta-potty service has been arranged. No work shall occur when the surfaces to be painted or tiled 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 1 st (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 st (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." SP3of12 6-7.4 Working Hours Normal working hours are limited to 7:00 AM to 3:30 PM, Monday through Friday. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 3:30 PM to 6:30 PM on weekdays or 8:00 AM to 6:00 PM on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor may be required to pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for work completion, 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 Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this Section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to the public as a result of the work." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-5 PERMITS Replace this Section with "A City Building Permit is not required." 7-7 COOPERATION AND COLLATERAL WORK To minimize the construction impacts, the Contractor shall: 1. Make every effort to conduct his work in a manner that will not interfere with City operations. 2. Provide barriers to control construction dust and debris at all times. 3. Remove construction debris from the work site at the end of each work day. 4. Provide trash service for construction personnel. SP4of12 5. Do not park vehicles in violation of the California Vehicle Code, City Ordinances, or the posted restrictions. Special no -cost on -street parking permits will be provided by the City as needed. 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: 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 at the Contractor's cost if the pavement was damaged by the Contractor's lack of care during the work. 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. SP5of12 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: "Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or equipment, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction." 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." 7-10.5 "No Parking" Signs The Contractor shall install, maintain in place, and notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement of the posted "NO PARKING -TOW AWAY" signs. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available from the Public Works Department. SP6of12 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-15 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" License issued by the State of California. At the start of work and until completion of work, 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, shall submit a Schedule of Values to the Engineer, listing the individual cost of each work item that make up the amount bid for each Bid Item." 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The 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 and completing all the work complete in place and no other compensation will be allowed thereafter. Payment for customary incidental items of work not separately listed, but are necessary to complete the work, shall be included in the prices shown. The following items of work pertain to the bid items included within the Proposal.- Item roposal: Item No. 1 Porta -Potty Service: This bid Item shall include all of the costs to provide the following at each work location from start of work until completion and no additional compensation shall be made: - Except for CDM State Beach and Balboa Pier, provide at least one unit at each location for the work duration. - Provide at least two (2) units per building at CDM State Beach. - Provide at least four (4) units at Balboa Pier. - Provide daily replacement service (bring in clean unit and haul away old unit). - Onsite servicing is NOT permitted. Item No. 2 58th Street Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements: SP7of12 - Make repairs to 5-1/8 X 16-1/2 pressure treated beams in sections and in-kind as marked in the field. - Make repairs to 4 X 8 pressure treated header in sections and in-kind as marked in the field. - Replace two (2) 5-1/8 X 16-1/2 pressure treated beams in-kind in (long) full length. - Replace ten (10) 4 X 6 pressure treated beams in-kind in full length. - Finish all repaired and new beams to match existing adjacent beams. - Prepare existing concrete floor to receive new tiles. - Furnish, install, and seal 500 SF of floor tiles. - Cove base shall be 6" X 6" Elemental Tan Ceramic. - Replace existing outdoor water fountain with new water bottle filler. - The amount bid for this Item shall have included a $1,000 allowance in case of unforeseen work. The City will retain this allowance if it is not used. The 58th Street Restrooms building as -built drawings may be accessed at http://nb,qis.newportbeachca.gov/images/pdf/B/B 5128 S.pdf for references. Item No. 3 Channel Place Park Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements.- - mprovements: - Make repairs to 5-1/8 X 16-1/2 pressure treated beams in sections and in-kind as marked in the field. - Make repairs to 4 X 8 pressure treated header in sections and in-kind as marked in the field. - Replace two (2) 5-1/8 X 16-1/2 pressure treated beams in-kind in (long) full length. - Replace ten (10) 4 X 6 pressure treated beams in-kind in full length. - Finish all repaired and new beams to match existing adjacent beams. - Prepare existing concrete floor to receive new tiles. - Furnish, install, and seal 500 SF of floor tiles. - Cove base shall be 6" X 6" Elemental Tan Ceramic. - Replace existing outdoor water fountain with new water bottle filler. - Paint all existing interior and exterior painted surfaces including walls, ceilings, partitions, doors, masonry blocks, trims, flashings, etc. - Replace existing gate assemblies with new in-kind primed and 2 -coat painted galvanized gate assemblies with auto locks. The City has valued these assemblies at $5,000, installed and complete in place. If the City approved a higher value product, the cost difference will be paid to the contractor through a contract change order. If the City approved product is valued less than $5,000, the cost difference shall be credited back to the City. - Replace all existing overhead interior lighting fixtures, ballasts, and lamps with minimum equivalent wattage LEDs. The cost of all electrical work needed to ensure a functional system shall have been included in the bid. - The amount bid for this Item shall have included a $1,000 allowance in case of unforeseen work. The City will retain this allowance if it is not used. SP8of12 The Channel Place Park Restrooms building as -built drawings may be accessed at http://nbgis.newportbeachca.gov/images/pdf/B/B 5122 S.pdf for references. Item No. 4 Eastbluff Park Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements.- - mprovements:- Replace existing outdoor water fountain with new water bottle filler. - Paint all existing interior and exterior painted surfaces including walls, ceilings, partitions, doors, masonry blocks, trims, flashings, etc. - Replace all existing overhead interior lighting fixtures, ballasts, and lamps with minimum equivalent wattage LEDs. The cost of all electrical work needed to ensure a functional system shall have been included in the bid. - The amount bid for this Item shall have included a $500 allowance in case of unforeseen work. The City will retain this allowance if it is not used. The Eastbluff Park Restrooms building as -built drawings may be accessed at http://nbgis.newportbeachca..qov/images/pdf/B/B 5134 S.pdf for references. Item No. 5 Balboa Pier Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements: - Replace existing outdoor water fountain with new water bottle filler. - Replace broken and/or missing roofing shingles. - Power wash existing roof. - Include a $1,000 allowance in the bid amount to make roof leak repairs. - Replace all existing rusted wire mesh ventilation screens with new aluminum units. Refer to the as -built drawings for size and pattern. - Refinish all other existing wire mesh ventilation screens that remain in place. - The amount bid for this Item shall have included a $1,000 allowance in case of unforeseen work. The City will retain this allowance if it not used. The Eastbluff Park Restrooms building as -built drawings may be accessed at http://nbgis.newportbeachca.gov/images/pdf/B/B 5176 S.pdf for references. Item No. 6 CDM State Beach Restrooms (Two Buildings): This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements: - Replace two (2) existing outdoor water fountains with new water bottle fillers. - Refinish all existing exterior air vent louvers. - Paint all exterior trims. - Replace all interior metal louvers with new aluminum louvers. - Paint all existing interior painted surfaces including walls, ceilings, partitions, doors, masonry blocks, trims, flashings, etc. - The amount bid for this Item shall have included a $1,000 allowance in case of unforeseen work. The City will retain this allowance if it is not used. The CDM State Beach Restrooms buildings as -built drawings may be accessed at ham://nbgis.newportbeachca.gov/images/pdf/P/P 5189 S.pdf for references. SP9of12 Item No. 7 Buck Gully Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements: - Prepare existing concrete floor to receive new tiles. - Furnish, install, and seal 625 SF of floor tiles. - Cove base shall be 6" X 6" Elemental Tan Ceramic. - Replace two existing outdoor water fountains with one new water bottle filler. - Paint all existing interior and exterior painted surfaces including walls, ceilings, partitions, doors, masonry blocks, trims, flashings, etc. - The amount bid for this Item shall have included a $500 allowance in case of unforeseen work. The City will retain this allowance if it is not used. The Buck Gully Restrooms building as -built drawings may be accessed at http://nbgis.newportbeachca.gov/images/pdf/B/B 5200 S.pdf for references. Item No. 8 Port Westbourne Park Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements: - Replace existing outdoor water fountain with new water bottle filler. - Remove existing interior epoxy flooring and prepare existing concrete floor to receive new tiles. - Furnish, install, and seal 200 SF of floor tiles. - Cove base shall be 6" X 6" Elemental Tan Ceramic. - Paint all existing interior painted surfaces including walls, ceilings, partitions, doors, masonry blocks, trims, flashings, etc. - Paint all exterior trim pieces. - Replace all existing overhead interior lighting fixtures, ballasts, and lamps with minimum equivalent wattage LEDs. The cost of all electrical work needed to ensure a functional system shall have been included in the bid. - Replace all toilet seats with industrial duty as approved by the City. - The amount bid for this Item shall have included a $500 allowance in case of unforeseen work. The City will retain this allowance if it is not used. The Port Westbourne Park Restrooms building as -built drawings may be accessed at http://nbgis.newportbeachca.gov/images/pdf/P/P 5028 S.pdf for references. Item No. 9 Irvine Terrace Park Restrooms: This bid Item shall include all of the equipment, materials, supplies, labor, and costs needed to make the following improvements: - Replace existing outdoor water fountain with new water bottle filler. - Paint all exterior trim pieces and restroom doors. - The amount bid for this Item shall have included a $500 allowance in case of unforeseen work. The City will retain this allowance if it is not used. The Port Westbourne Park Restrooms building as -built drawings may be accessed at http://nbgis.newportbeachca.gov/images/pdf/B/B 4995 S.pdf for references. SP 10 of 12 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 215-1.1 Paint. Interior paints shall be Dunn Edwards "Everest" in the same color and sheen as existing. Exterior paints shall be Dunn Edwards "Evershield" in the same color and sheen as existing. No substitution will be allowed. 215-1.2 Primer. Primer shall be Dunn Edwards as recommended by the paint manufacturer. No substitution will be allowed. 215-1.3 Floor Tiles. Floor tiles shall be of ceramic material, 2" X 2", Mottled Medium Brown, as manufactured by Dale -Tile, model Keystone Series. 215-1.4 Floor Tile Sealant. Floor tile sealant shall be transparent and as recommended by floor tile manufacturer. 215-1.5 Wall Cove Wall cove shall be 6" X 6" Elemental Tan, and as manufactured by Dal - Tile. 215-1.6 Tile Grout Tile grout shall be custom building materials sanded #52 Tobacco Brown. 215-1.7 Other Materials And Parts. Other materials and parts not specifically identified in these Specifications shall be exactly the same materials and parts listed in the as -built drawings for each respective building. See Section 9.3 for the internet links to access the reference as - built drawings. SECTION 216 ---WATER FOUNTAIN 216-1 BOTTLE FILLER 216-1.1 Bottle fillers shall be Model 10125 SM with standard no -additional -cost color as manufactured by Most Dependable Fountains, Inc. of Arlington, TN., USA. SP 11 of 12 PART 3 CONSTRUCTION METHODS SECTION 313 — PAINT SURFACE PREPARATION 313-1 GENERAL Surfaces shall be scraped, sanded (wood), patched, filled and caulked as necessary for proper paint adhesion. All surfaces shall be cleaned and primed per paint manufacturer recommendations. SP 12 of 12