HomeMy WebLinkAboutC-7499-1 - 2018-2019 Facilities Painting ProjectNovember 5. 2020
Tony Painting
Attn: Ante Marijanovic
7291 Garden Grove Boulevard, Suite A
Garden Grove, CA 92841
Subject: 2018-2019 Facilities Painting Project — C-7499-1
Dear Ante Marijanovic:
C TY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 rvx
newportbeachca.gov
On November 5, 2019 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
November 6, 2019 Reference No. 2019000440386.
Developers Surety and Indemnity Company and
Enclosed is the Faithful Performance Bond.
Sincerply,
V "
Leilani I. Brown, MC
City Clerk
Enclosure
Orange County Recorder on
The Surety for the contract is
the bond number is 706947P.
Bond #: 706947P
Premium: $6,981.00
FwM A roll CWRAM IRAII
AOD t$ SUS)ECI 10 AD)WIMll
EXHIBIT B lean 0rl MA COW? RW "OC*
CITY OF NEWPORT BEACH
BOND NO. 706947P
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 6,981.00 , being at the
rate of $ 2.5/1.5 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Tony
Painting hereinafter designated as the "Principal," a contract for: Rust removal,
refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces
as specified in Contract Documents at the following locations: (1) Civic Center Parking
Structure, Nature Park, and Dog Park (100 Civic Center Drive); (2) Ben Carlson Lifeguard
Headquarters (72 Newport Pier); (3) Fire Station No. 4 - Balboa Island (124 Marine Ave);
(4) Back Bay Science Center ("BBSC") (600 Shellmaker Road); (5) Community Youth
Center ("CYC") (3000 Fifth Avenue); (6) Utilities Yard (949 W. 16th Street); (7) Big Canyon
Reservoir (3300 Pacific View Drive); (8) Zone 5 Pump Station (19 Muir Beach Circle); (9)
Hillsborough Pump Station (Hillsborough / Spyglass Hill Road); (10) Newport Beach
Country Club Reclaimed Pump Station (-160 feet northwest of Santa Barbara Drive/ San
Clemente Drive intersection); (11) 19th Street Gas Mitigation Station (2 Windsong Court);
(12) Big Canyon Country Club Reclaimed Pump Station (1850 Jamboree Road); (13)
Tamura Well Site (17415 Magnolia Street, Fountain Valley, California); (14) Dolphin Well
Site (9649 Dolphin Avenue, Fountain Valley, California); and (15) Central Library (1000
Avocado Avenue) (collectively, the "Project" or "Work") 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
Developers Surety and indemnity Company duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Ninety Eight Thousand Seven Hundred Dollars and 001100 ($398,700.00)
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,
Tony Painting Page B-1
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specked in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been d ly executed by the Principal
and Surety above named, on the 22nd day of April t20 19�
Tony Painting
Name of Contractor (Principal)
Developers Surety and Indemnity Company
Name of Surety
17771 Cowan Ste 100, Irvine, CA 92614
Address of Surety
800-782-1546
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Y l i n iA
Aaron C. Harp
City Attorney
A�t hi' i'ized Agent Signature
ilo Lee Losino - Attorney in t=act
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
Page B-2
Tony Painting
A notary public or other officer completing tnis
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 }3s.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of t ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Page B-3
Tony Painting
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constfule and appoint:
***Stephanie Hope Shear, Shilo Lee Losinc, jointly or severally***
as their true and lawful Attomey(s)-in-fad, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)4n-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of he acts of said Altomey(s)4n-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power ofAftomey;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and
attte�st�ed� by their respective Secretary or Assistant Secretary this 6th day of February, 2017,
AND
9y. Daniel Young, Senior Vice -President d YpPO�iiF�Q,,''s �GOQpPOq p9
A notary public or other officer completing this certificate verifies only the Identity of the individual whosigned the
document to which this certificate Is attached, and not the truthfulness. accuracv. or validity of that document.
State of California
County of Orange
On February 6 2017 before me, _ Lucille Raymond Notary Public __
e°r° Here lnsea Na,e eM Tib olBreellrcer --
personally appeared Daniel Young and Mark Lansdon _
Neme(e(or81geer(e) ---
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same In hlsrherAheir authorized
capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity uron behalf of
LUCILLE RAYMOND which the person(s) acted, executed he instrument.
Commission # 2081945
V
Notary Public • California
zOrange County
M Comm. Ex Tres Oct 13 2018+
Place Notary Seal Above
I codify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and conect.
WITNESS my hand and official seal. � �j
Signature —_ �Y�!'l
LucIgq6yrhond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
p.mna,
This Certificate is executed in the City of Irvine, California, this 7 'v. ' day of 't10,tv aeo/"•'.,a
JoMoF2j/1a�aBy_`—""".� / "ktRc' w 1 1936CassieJ. misfono, Assistant Se tory ; oL �4OF .........,�.
ATS -1002 (02/17) O�*�,F
1936 ) `a
w 5967
o. i
By. Mark Landon, Vice -President 's�� o"F0"•`•i' '�
.b
Oy C4</FOR�x\P �=
A notary public or other officer completing this certificate verifies only the Identity of the individual whosigned the
document to which this certificate Is attached, and not the truthfulness. accuracv. or validity of that document.
State of California
County of Orange
On February 6 2017 before me, _ Lucille Raymond Notary Public __
e°r° Here lnsea Na,e eM Tib olBreellrcer --
personally appeared Daniel Young and Mark Lansdon _
Neme(e(or81geer(e) ---
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same In hlsrherAheir authorized
capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity uron behalf of
LUCILLE RAYMOND which the person(s) acted, executed he instrument.
Commission # 2081945
V
Notary Public • California
zOrange County
M Comm. Ex Tres Oct 13 2018+
Place Notary Seal Above
I codify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and conect.
WITNESS my hand and official seal. � �j
Signature —_ �Y�!'l
LucIgq6yrhond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
p.mna,
This Certificate is executed in the City of Irvine, California, this 7 'v. ' day of 't10,tv aeo/"•'.,a
JoMoF2j/1a�aBy_`—""".� / "ktRc' w 1 1936CassieJ. misfono, Assistant Se tory ; oL �4OF .........,�.
ATS -1002 (02/17) O�*�,F
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles )
f
On e- before me, Lucas Malcolm -Shane Patterson, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Shilo
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
LUCAS MALCOLM-SHANEPATTERSON
Notary Public - California z
ao
Los Angeles County zxCommission # 2167243 -°
M Comm. Expires Oct 9, 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 seal.
Signature s
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
, fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 4 . a,n .. :r4 • :44 �4
January 10, 2020
Tony Painting
Attn: Ante Marijanovic
7291 Garden Grove Boulevard, Suite A
Garden Grove, CA 92841
Subject 2018-2019 Facilities Painting Project - C-7499-1
Dear Ante Marijanovic:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAX
newportbeachca.gov
On November 5, 2019 the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release the
Labor & Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
November 6, 2019, Reference No. 2019000440386. The Surety for the bond is Developers
Surety and Indemnity Company and the bond number is 706947P. Enclosed is the Labor
& Materials Payment Bond.
Sincerely, /
X & V-vp"V"�
Leilani I. Brown, MMC
City Clerk
Enclosure
Bond #:706947P
Premium: Included
MV0A [S FOR COM{RACT NO
RAO 18 EUa1ECi 10 AD1USfM911
EXHIBIT A sum ON FINAL CON, WT l"i"
CITY OF NEWPORT BEACH
BOND NO. 706947P
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to TONY
PAINTING hereinafter designated as the "Principal," a contract for: Rust removal,
refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces
as specified in Contract Documents at the following locations: (1) Civic Center Parking
Structure, Nature Park, and Dog Park (100 Civic Center Drive); (2) Ben Carlson Lifeguard
Headquarters (72 Newport Pier); (3) Fire Station No. 4 — Balboa Island (124 Marine Ave);
(4) Back Bay Science Center ("BBSC") (600 Shellmaker Road); (5) Community Youth
Center ("CYC) (3000 Fifth Avenue); (6) Utilities Yard (949 W. 16th Street); (7) Big Canyon
Reservoir (3300 Pacific View Drive); (8) Zone 5 Pump Station (19 Muir Beach Circle); (9)
Hillsborough Pump Station (Hillsborough / Spyglass Hill Road); (10) Newport Beach
Country Club Reclaimed Pump Station (-160 feet northwest of Santa Barbara Drive / San
Clemente Drive intersection); (11) 19th Street Gas Mitigation Station (2 Windsong Court);
(12) Big Canyon Country Club. Reclaimed Pump Station (1850 Jamboree Road); (13)
Tamura Well Site (17415 Magnolia Street, Fountain Valley, California); (14) Dolphin Well
Site (9649 Dolphin Avenue, Fountain Valley, California); and (15) Central Library (1000
Avocado Avenue) (collectively, the "Project" or "Work") 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,
Developers Surety and Indemnity Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Ninety Eight Thousand Seven Hundred Dollars and 001100 ($398,700.00)
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
Page A-1
Tony Painting
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
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 22nd day�� 2019
�� � ., /�1 f rnairkyrYJGEn
Tony Painting
Name of Contractor (Principal)
Developers Surety and Indemnity Company
Name of Surety
17771 Cowan Ste 100, Irvine, CA 92614
Address of Surety
Agent Signature
Shilo Lee Losino - Attorney in Fact
Print Name and Title
800-782-1546
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S
By:
Aaron C. Harp
City AttorneyNOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
Paye
Tony Painting
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of }ss.
On .20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
t his/her/their authorized capa' that
the person(s) acted, etures(s) on.the instrument
xecuted the instrument. the person(s), or the entity upon behalf of which
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of t ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in by
the person(s),t/hlo therentity u p nity(les), and behalf of hichtthe person(s) his/her/their
cted, executed the instrument.the
n ent
Po
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
P 4 4
Tony Painting agv
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263,3300
KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
'**Stephanie Hope Shear, Shilo Lee Losino, jointly or severally—
as their true and lawful ABomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporefions be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the atiorney(s) named In the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate beefing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers
and aafjteesttee(d�by their respective Secretary or Assistant Secretary this 6th day of February, 2017.
By '----'� ""- QZO ' -i AND��'' PANY
Daniel Young, Senior Vice -President tJ.•' aeoRii':F;i � NPOp
1936 zor o Z
By Mark Lansdan, Vice -President I..:*o.....* S F oy cgUcOP��P''
•onwa"�
IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange _
On February 6. 2017 before me, Lucille Reymond Nolary Public
peb Hera InUM theme e M Tib of Ne emcer
personally appeared Daniel Young and Mark Lansdon
Nemgc)utsipa(.)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized
capadiy(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of
LUCILLE RAYMOND -1 which the person(s) acted, executed the instrument.
Commission N 2081945
Notary Public • California
= Orange County
My Comm. Excites Oct 13 2018
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
live and correct.
WITNESS my hand and official seal.
Signaturer r -"- r ,,
LucillV ond, NOtWry Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are In force as of the date of this Certificate,
nAND
This Certificate is executed in hf� e City of Irvine, Califomia, this (, n day of ��(� t -� F? ty AND rp •q, OtAPANY o�
IQ�Pao
By: l �x c. : w: 1936 1i:
Cassle J. risford, Assistant se tory }$i, w f-07 a
�q(rFOPP••o•4F
,, tip. .#.,...•*�.``•
ATS -1002 (02/17) •..None••"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
a.w._
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 1 { f 7 Z(L 4 before me, Lucas Malcolm -Shane Patterson, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Shilo Lee Losino
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
LUCAS MALCOLM-SHANE PATTERSON WITNESS my hand and official seal.
Notary Public - California
Los Angeles County z --
z Commission # 2167243 Signature
My Comm. Expires Oct 9, 2020 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:
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:
vG'el<'.• erf-e rvf'ei6'rv4v +�{'e rvG'u
Q a 1 1 1 1 • • •• tea tae fa
Batch 5414758 Confirmation
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
II 11I1111111111111111111111111lflllIII 1l1l11l1lllllll111l11IlIlIII III NO FEE
+
$ R 0 0 1 1 2 5 6 7 2 4$+
2019000440386 9:05 am 11106119
47 422 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 Tony Painting, Garden Grove,
California, as Contractor, entered into a Contract on March 26, 2019. Said Contract set
forth certain improvements, as follows:
2018-2019 Facilities Painting Project - C-7499-1
Work on said Contract was completed, and was found to be acceptable on
November 5. 2019, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Developers Surety and Indemnity Company.
BY
Public Works Di—redtdr j
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
Executed on 1Vo�10 )-yiq at Newport Beach, California.
all
City Clerk
littps://gs.secure-recordiiig.com/Batch/Coiifirmation/5414758 11/06/2019
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 Tony Painting, Garden Grove,
California, as Contractor, entered into a Contract on March 26, 2019. Said Contract set
forth certain improvements, as follows:
2018-2019 Facilities Painting Project - C-7499-1
Work on said Contract was completed, and was found to be acceptable on
November 5. 2019, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Developers Surety and Indemnity Company.
r
BY
Public Works Dire t r
City of Newport Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. II � p�
Executed on /VOVI%IV�7/G��. �!"I at Newport Beach, California.
BY aodpv!L�,=
City Clerk
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 12th day of March, 2019,
at which time such bids shall be opened and read for
2018-2019 Facilities Painting Project
Contract No. 7499-1
$850,000 - $950,000
Engineer's Estimate
/J. Siac r
ity En 'neer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
MANDATORY PRE-BID MEETING:
A MANDATORY pre-bid meeting will be conducted for this project on March 4, 2019 at
10:00 a.m. at the Big Canyon Reservoir, located at 3300 Pacific View Drive, Newport
Beach, CA 92625.
Hard copy plans are available 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" or "C-33"
For further information, call Kathryne Cho, Project Manager at (949) 644-3014
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps-
vendor-registration
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via Planet8ids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 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. Original copies must
be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date).
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
3
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
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
4
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature b low represents that the above has bE
C- 3
Contractor's license No. & Classification
DIR Registration Nunber & xpiration Date
Bidder
5
v
Dat
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
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 Their Greatest Amount Bid
Dollars ($ 10% G.A.B. ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of 2018-2019
FACILITIES PAINTING PROJECT, Contract No. 7499-1 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 5th
Tony Painting
Name of Contractor (Principal)
Developers Surety and Indemnity Company
Name of Surety
17771 Cowan Ste 100, Irvine, CA 92614
Address of Surety
800-782-1546
Telephone
day nf March gniq
Authorized Agent Signature
Shilo Lee Losino - Attorney in Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
101
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Stephanie Hope Shear, Shilo Lee Losino, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these
presents, are hereby ratified and confirmed,
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or anyAssistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017,
By:AND
.`�rtY ..... ., OZ#FANYp�
Daniel Young, Senior Vice -President °R+r ��>
J: 'off G
By: 1936 ?0 - r ? OCT. 5 0
_ w fssr b
Mark Lansdon, vice -President
IFO
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On _ February 6 2017 before me,
Date Lucille Raymond Notary Public
Here Insert Name and Title of the Officer --
Personally appeared Daniel Young and Mark Lansdon
Name(s) of Signer(s)
LUCILLE RAYMOND
Commission * 2081945
z "'+ Notary Public • Calltornle m
Orange County
M Comm. Expires Oct 13 2018
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. �1
Signature /
Lucille fj ylfiond, Notary Public
CERTfFiGATE v
e undersigned,
or
sistant
ecretary of
RS SUREI-Y AND
certify that the foregoing PowerofAttomey remains in full force and haps not Leen revoked and, urthermDore,NITY that the provisions MPANY rof De resolutioEMNITY ns of the respective ANY OF F BoardA, does s of Directors bof
said corporations set forth in the Power of Attorney are in force as of the dale of this Ceriificale.
This Certificate is executed in the City of Irvine, California, this —i Gf(Y IN
'
day of 2a' �f AND�ti fl�aP ,Nr 0
q / ' yJQ- •OPPOlZq �6`T '� �G OptP ODS Ci
By:� _ 1936 OCT. 5 rt
Cassie J. rnsford, Assistant Se tary = a ; = ;i ;ogy d
a
ATS -1002 (02/17) %0�............C- 41FO���\P �`
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A _p .h _A .N
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 oft Los Angeles )
On 0 -�/C, before me,
Date
personally appeared
Lucas Malcolm -Shane Patterson, Notary Public
Here Insert Name and Title of the Officer
Shilo Lee Losino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
LALCOLM-SHANE PATTERSON
Notary Public - California
z 'm Los Angeles County i
Commission # 2167243 n
My Comm. Expires Oct 9, 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 seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s)
Document Date:
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
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 ORANGE
On is before me,
personally appeared ANTE MARIJANOVIC
MARIA A.VRANJES, NOTARY PUBLIC
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
MARIA A. VRANJES
COMM. 02182753
Notary Public - California
Orange County
My Comm. Expires Feb. 10, 2021
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
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 subcontractors as listed in the
Bidder's electronic bid 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.
Mimi vAJ
J
E
Authorized ignatur /Title
ASM C - /Wisl&rw/--CI
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name
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
w13
Project Description/►��
Approximate Construction Dates: From Z To: 0(a ffl
Agency Name
Contact Person IV1 y�/V ,%j� Telephone c9yr,
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
ag••��inst you/Contractor? If yes, briefly explain and indicate outcome of claims.
/V�
10
No. 2
Project Name/Number /,(�/�'ROSIOAJ O/ 941- &tLgJVGT��%(,
Project Description VA19MJ ft/77 &)fe&L C .
Approximate Construction Dates: From �/l r �-U To: 57PLL
T
Agency Name _ 64 UIE C 07J�1--
Contact Person KT 5-WILE%� Telephone (V)
Original Contract Amount $Final Contract Amount $
If final amount i�diff�rent from orig(nal,please ex2lain�(ch�nge orders, extra work, etc.)
u L l r /�, / .i a ..� ..-, - - -
Did you file any claims against the Agency? Did the Agency file any claims
agaiq) t you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number
Project Description
Approximate Construction Dates: From % To: 4Icc-
Agency Name �• �ih
Contact Person JA -2; Telephone 667
Original Contract Amount $ 2/inal Contract Amount $
If final pmount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4 �n
Project Name/Number LpMt) W &AM( ftk7e�-_
Project Description
Approximate Construction Dates: From U10 To: J14L wo
Agency Name LD a� m SA
Contact Person fxlltL- JQ�ML041 Telephone ar) 2-.J a
da
Original Contract Amount $Final Contract Amount $
If fin9l�amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number yMM Mi�( fRa TETT
Project Description
Approximate Construction Dates: From 2D/1'gTo:
Agency Name (/1 %� 6/E AlaV A11i % Jul'%4
r
Contact Person /(4� /✓r Telephone
Original Contract Amount $'/ Final Contract Amount $ MES Tf� • r14e pd)
If final Pr�ount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
12
No. 6 RN ��ll p_ 1�
Project Name/Number
Project Description QaI7]C �s�I%1�T1/✓�j
Approximate Construction Dates: From To: J1 • 2011
Agency Name _V. 67.14.
Contact Person WaA- Telephone
Original Contract Amount $ A Final Contract Amount $
If final am unt is diff rent from original, please explain (change orders, extra work, etc.)
E aX16Ex�
Did you file any claims against the Agency? Did the Agency file any claims
agaiiyou/Contractor? If yes, briefly explain and indicate outcome of claims.
Al
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Bidder /Authorized Sli nature itle
A10E Mwb 4406 - /W5/ eV7_ CED
13
7291 Garden Grove Blvd. Ste. A License # 320164
TONY PAINTING Garden Grove, Ca. 92841 Phone: (714) 899-5303
e-mail: tonyspaintingsb@yahoo.com Fax: (714) 899-5305
Ante Ivan Marijanovic-SECRETARY/PM
7291 Garden Grove Blvd. Ste. A Garden Grove, CA 92841
Phone (714) 899-5303
Email: tonyspaintingsb@yahoo.com
SECRETARY AND PROJECT MANAGER/ESTIMATOR
EXPERIENCE 1. Maintains active sand and water blasting license D-38
2. Maintains active Department of Public Health Supervisor License
3. Trains and Supervise work crews in commercial/industrial remodeling and new
construction projects; coordinate schedules.
4. Order Material/supplies; handles vendor/customer relations and quality control
EMPLOYMENT TONYPAINTING
Secretary, Project Manager, Estimator
Responsible for all types of painting work for commercial, industrial and public works
Repaint/remodel and new construction project throughout the California area.
Supervise up to 40 painters and other professionals in painting work.
Order materials and blueprint updates; meets strict time constraints
Recent Complete projects, including;
• Corona Water Department- Corrosion control painting
• Inland Empire Utility Agency- Carbon Canyon Water Facility
• Corona Water Department- Industrial Painting
• Inland Empire Utility Agency- Industrial Painting- RP5
• Moulton Niguel Water District- Fire Hydrants
EDUCATION California State University of Long Beach (Long Beach, CA)
• BA in History, 2009
Long Beach City College (Long Beach, CA)
• AA in History, 2006
EPA- Renovation, Repair and Painting- Training Certification
Level One Industrial Painting- Basic coatings inspection
C 1- Fundamentals of Protective Coatings
C 2 — Planning and specifying industrial coatings projects
DHS- Lead Supervisor License
First Aid and CPR Certified
THIS PROJECT
COMMITMENT Will be committed to this project 100% of the time.
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of )
AA//7E beingfirst duly_sworn, deposes and says that he or she is
p/( MXM' •(AD of /WY MIA/ , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf df, 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 decl`arre� under penalty of perjury of the laws of the State C ifor is that the foregoing is true and correct.
Bidder Wuo*rie gnafay
/Title AV )K* 4A/bWC• Axes/60.% -, CFS
Subscribed and sworn to (or affirmed) before me on this of '2019
by , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
[SEAL]
14
Notary Public
My Commission Expires:
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 ORANGE
On before me,
personally appeared ANTE MARIJANOVIC
MARIA A.VRANJES, NOTARY PUBLIC
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
INNN
MARIA A.NNWNIMNINNNINNNNMINININIINNNNNMNNIIN
., . VRANJES
COMM. $2182753 s
a Notary Public - California
Orange County
My Comm. Expires Feb. 10, 2021
i1N/NI NNNNNNNNNININNNNMNIINIlNNMNNININININNNNIIIIIII�
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
DESIGNATION OF SURETIES
Bidder's name
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):
I LL -A5 sI�T7 AVS
15
7291 Garden Grove Blvd. STE.A License # 320164
TONY PAINTING MIA Garden Grove, Ca. 92841 Phone: (714) 899-5303
e-mail: tonyspaintingsb@yahoo.com Fax: (714) 899-5305
INSURANCE INFO:
Cumbre Insurance Services
Attn: Shawn Ransom
3333 Concours Ste. 5100
Ontario, CA 91764
Ph: 909-484-2456
Fax: 909-484-2491
SURETY/ BONDING INFO:
Contractors Best Insurance Services Inc.
Attn: Shilo Losino
20335 Ventura Blvd., Suite 426 A
Woodland Hills, CA 91364
Ph: (818)348-4900 X 205
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name IT&IY
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
2018
2017
2016
2015
2014
Total
2019
No. of contracts
�.,
2•�
��
Z
2 i'
2�
I ��,�
Total dollar
Amount of
Contracts (in
�i(�jj
��
� �
2��3
I � ���
,�p�b�'j
1 i �
,'i
� 1�'il
Thousands of $
No. of fatalities
n(
X�
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder /-
Business Address: &DCAW yam. �. 9I
Business Tel. No.: %-
State Contractor's License No. and
Classification: p/(o
Title .
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
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
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 ORANGE
On�&//before me,
MARIA A.VRANJES, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ANTE MARIJANOVIC
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
MARIA A. VRANJES
COMM. *2182753
Notary Public - California
Orange County
M9y Comm. Expires Feb. 10, 2021
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 ORANGE
On 31i111 before me,
MARIA A.VRANJES, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared AME I. M� ,-f4NM16
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatureod9( r--- (Seal)
MN NNIINIt11NX1111N11N11N111N111N111111NI11N11111NN11NI1NNi1111�
u.; . MARIA A. VRANJES
COMM. #2182753 Z
to Notary Public - California c
Orange County
My Comm. Expires Feb. 10, 2021
IINNN NIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIItI1111iI111111111111R
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
ACKNOWLEDGEMENT OF ADDENDA
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. D to Received OignaturVr
3
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
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: IQY ��jjJ%�/✓�
Business Address:
Telephone and Fa
Number: Vii✓ /
California State Contractor's License No
(REQUIRED AT TIME OF AWARD)
and Class:
Original Date Issued: Expiration Date: ol /go h q
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:
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
Corporation organized under the laws of the State of agurmAlm-
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
.��
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
-rW .&A W • A -A& M&x/111? C • PyP,E�I
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;
01/D - F .
Briefly summarize the parties' claims and defenses;
ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
20
Are any claims or actions unresolved or outstanding? Yes / 6)
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
r//
AME MOOMMYCI
(Print name of Owner or President
Title
Date
On before me, , Notary Public, personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires:
21
(SEAL)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On " 1 before me, MARIA A.VRANJES, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ANTE MARIJANOVIC
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
• I�u IMNINNgM��1NM�MMN��MNNNM.�«WNN..
MARIA A. VRANJES
COMM. 02182753
a► Notary Public - California
Orange County
MY Comm. Expires Feb, 10, 2021
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
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 Ratinq 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
2018-2019 FACILITIES PAINTING PROJECT
CONTRACT NO. 7499-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day
of March, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and TONY PAINTING, a
California corporation ("Contractor"), whose address is 7291 Garden Grove Boulevard,
Suite A, Garden Grove, California 92841, 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: Rust removal,
refinishing wood surfaces, cleaning, preparing and painting interior and exterior
surfaces as specified in Contract Documents at the following locations: (1) Civic
Center Parking Structure, Nature Park, and Dog Park (100 Civic Center Drive); (2)
Ben Carlson Lifeguard Headquarters (72 Newport Pier); (3) Fire Station No. 4 —
Balboa Island (124 Marine Ave); (4) Back Bay Science Center ("BBSC") (600
Shellmaker Road); (5) Community Youth Center ("CYC") (3000 Fifth Avenue); (6)
Utilities Yard (949 W. 16th Street); (7) Big Canyon Reservoir (3300 Pacific View
Drive); (8) Zone 5 Pump Station (19 Muir Beach Circle), (9) Hillsborough Pump
Station (Hillsborough / Spyglass Hill Road); (10) Newport Beach Country Club
Reclaimed Pump Station (-160 feet northwest of Santa Barbara Drive / San
Clemente Drive intersection); (11) 19th Street Gas Mitigation Station (2 Windsong
Court); (12) Big Canyon Country Club Reclaimed Pump Station (1850 Jamboree
Road); (13) Tamura Well Site (17415 Magnolia Street, Fountain Valley, California);
(14) Dolphin Well Site (9649 Dolphin Avenue, Fountain Valley, California); and (1 5i
Central Library (1000 Avocado Avenue) (collectively, 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 .
ollows: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. 7499-1, 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 Three Hundred Ninety Eight Thousand Seven Hundred
Dollars and 00/100 ($398,700.00).
3.2 This compensation includes.-
3.2.1
ncludes:
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 Ante Marijanovic 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.
Tony Painting Page 2
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
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:
Tony Painting Page 3
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: Ante Marijanovic
Tony Painting
7291 Garden Grove Boulevard, Suite A
Garden Grove, CA 92841
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
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.
Tony Painting Page 4
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this 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
Tony Painting Page 5
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
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).
Tony Painting Page 6
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
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.
Tony Painting Page 7
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.
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.
inconsistencies between this Contract and
terms of this Contract shall govern.
In the event there are any conflicts or
any other attachments attached hereto, the
Tony Painting Page 8
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
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.
Tony Painting Page 9
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]
Tony Painting 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.-
By-
ron C. Harp
City Attorney �l
ATTEST:
Date. - ,1
CITY OF NEWPORT BEACH,
a California munic al corporation
Date:
By:
Diane B. Dixon
Mayor
CONTRACTOR: Tony Painting, a
California corporation
Date:
By:
Signed in Counterpart
Ante Marijanovic
Chief Executive Officer / Chief Financial
Officer
[END OF SIGNATURES]
ry<tFoR�
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Tony Painting Page 11
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:
ate:—By:
A ron C. Hafp,�a.
City Attorney
ATTEST:
Date:
31
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONTRACTOR: Tony Painting, a
California corporation
Date: 22
By:
Ante Marijan v c
Chief Execut Officer / Chi(f Financial
Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Tony Painting Page 11
Bond #: 706947P
Premium: Included
VeUMN tS FOR GM1W a=
AIT tS SUBJECT To ADIUSTM9ff
EXHIBIT A SMoN FOU COMWI PW
CITY OF NEWPORT BEACH
BOND NO. 706947P
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to TONY
PAINTING hereinafter designated as the 'Principal, a contract for: Rust removal,
refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces
as specified in Contract Documents at the following locations: (1) Civic Center Parking
Structure, Nature Park, and Dog Park (100 Civic Center Drive); (2) Ben Carlson Lifeguard
Headquarters (72 Newport Pier); (3) Fire Station No. 4 -- Balboa Island (124 Marine Ave);
(4) Back Bay Science Center ("BBSC") (600 Shellmaker Road); (5) Community Youth
Center ("CYC") (3000 Fifth Avenue); (6) Utilities Yard (949 W. 16th Street); (7) Big Canyon
Reservoir (3300 Pacific View Drive); (8) Zone 5 Pump Station (19 Muir Beach Circle); (9)
Hillsborough Pump Station (Hillsborough / Spyglass Hill Road); (10) Newport Beach
Country Club Reclaimed Pump Station (-160 feet northwest of Santa Barbara Drive/ San
Clemente Drive intersection); (11) 19th Street Gas Mitigation Station (2 Windsong Court);
(12) Big Canyon Country Club Reclaimed Pump Station (1850 Jamboree Road); (13)
Tamura Well Site (17415 Magnolia Street, Fountain Valley, California); (14) Dolphin Well
Site (9649 Dolphin Avenue, Fountain Valley, California); and (15) Central Library (1000
Avocado Avenue) (collectively, the "Project" or "Work") 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,
Developers Surety and Indemnity Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Ninety Eight Thousand Seven Hundred Dollars and 00/100 ($398,700.00)
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
Tony Painting Page A-1
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
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 22nd da/y f ril _ 2019
Tony Painting
Name of Contractor (Principal)
Developers Surety and Indemnity Company
Name of Surety
17771 Cowan Ste 100, Irvine, CA 92614
Address of Surety
800-782-1546
uthofiAl6d Signajure/Title
Authorized Agent Signature
Shilo Lee Losino - Attorney in Fact
Print Name and Title
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S
By: ftir
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
Page A-2
Tony Painting
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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.
(seal)
State of California
County of _ } ss.
On 20 before me,
Notary Public, personally appeared ce to be the person(s) whose name(s) is/are'
proved to me on the basis of satisfactory eviden
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Tony Painting Page A-3
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Stephanie Hope Shear, Shilo Lee Losino, jointly or severally—
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Adorney(s)-in-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017.
By:•,.•�yANo, OI!PAN'rpr
Daniel Young, Senior Vice -President �� o OBjj • F� �� �Ipo c�
1936 <: 4_6ro9
67 "
Mark Lansdon, Vice -President •,,�,�o•••. • ��•,. gC1FpP� a
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On February 6 2017 before me, Lucille Raymond Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Younp and Mark Lansdon
Name(s) of Signer(s) _
LUCILLE RAYMOND
OACommission #r 2081946
Notary Public - CaliforniaZOrange County
4 Comm, Expires Oct 13 20f 8
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in hismer/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. It
A
Signature /
Lucill 6 R gay ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this -I/,/ day of 2CJ/ ,y AND 1,y Gk,+.PAN y OF
`e�ORPOkarF�F?�., �G40p,PGn,�.^
By: /� 1936 :<= ocT.:, ri
Cassie J, rrisford, Assistant Sectfitary o ' o C f G0
'd ••04LIF00; .—D
ATS -1002 (02/17) ' •.,,,,• �,,.•• �r
CALIFORNIA ALL-PURPOSE •.
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 d t 17 212- rl before me, Lucas Malcolm -Shane Patterson, Notary Public
1
Date Here Insert Name and Title of the Officer
personally appeared
Shilo Lee Losino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
LUCAS MALCOLM-SHANE PATTERSON
9; Notary Public l;aiitornia
u Los Angeles County a
\j Commission # 2167243
it
My Comm. Expires Oct 9, 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 seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Bond #: 706947P
Premium: $6,981.00
MOM 11 FOR CMIRACT iff"
AND tS SUBJECT TO ADJUSTUM
EXHIBIT B MOD op t1RAL CWRW "OF
CITY OF NEWPORT BEACH
BOND NO. 706947P
FAITHFUL. PERFORMANCE BOND
The premium charges on this Bond is $ 6,981.00 being at the
rate of $ 2.5/1.5 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Tony
Painting hereinafter designated as the "Principal," a contract for: Rust removal,
refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces
as specified in Contract Documents at the following locations: (1) Civic Center Parking
Structure, Nature Park, and Dog Park (100 Civic Center Drive); (2) Ben Carlson Lifeguard
Headquarters (72 Newport Pier); (3) Fire Station No. 4 - Balboa Island (124 Marine Ave);
(4) Back Bay Science Center ("BBSC") (600 Shellmaker Road); (5) Community Youth
Center ("CYC") (3000 Fifth Avenue); (6) Utilities Yard (949 W. 16th Street); (7) Big Canyon
Reservoir (3300 Pacific View Drive); (8) Zone 5 Pump Station (19 Muir Beach Circle); (9)
Hillsborough Pump Station (Hillsborough / Spyglass Hill Road); (10) Newport Beach
Country Club Reclaimed Pump Station (-160 feet northwest of Santa Barbara Drive 1 San
Clemente Drive intersection); (11) 19th Street Gas Mitigation Station (2 Windsong Court);
(12) Big Canyon Country Club Reclaimed Pump Station (1850 Jamboree Road); (13)
Tamura Well Site (17415 Magnolia Street, Fountain Valley, California); (14) Dolphin Well
Site (9649 Dolphin Avenue, Fountain Valley, California); and (15) Central Library (1000
Avocado Avenue) (collectively, the "Project" or "Work") 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
Developers Surety and Indemnity Company duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Ninety Eight Thousand Seven Hundred Dollars and 00/100 ($398,700.00)
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,
Page B-1
Tony Painting
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
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 22nd day of April . t2O 19 .
® _ � /ti/ rvYSIG1C V1i'�C�l
Tony Painting
Name of Contractor (Principal) Authj r" . S gnat re/Title
Developers Surety and Indemnity Company
Name of ,surety A Ized Agent Signature
Shilo Lee Losino - Attorney in Fact
17771 Cowan Ste 100, Irvine, CA 92614
Print Name and Title
Address of Surety
800-782-1546
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:_y!i
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
Page B-2
Tony Painting
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshe/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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
(seal)
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
that he/she/they executed the same
subscribed to the within instrument and acknowledged to me
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Page B-3
Tony Painting
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Stephanie Hope Shear, Shilo Lee Losino, jointly or severally—
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017.
By: AND�^,''' tAPANYO
Daniel Young, Senior Vice -President �•J� �o�aRir ���'? �ci �tIPoaq c
-y.'.' Fo.2 ti G Fd9r'.
G� - W 1936 oc6
9?67
't
By. Mark Lansdon, Vice-President-;Fo���a0�-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On February 6, 2017 before me, Lucille Raymond Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark Lansdon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in hismer/their authorized
YAr„ capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
LUCILLE RAYMOND which the person(s) acted, executed the instrument.
Commission #r 2081945
-`e Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange County D true and correct.
My Comm. Expires Oct 13 2018
WITNESS my hand and official seal.
Place Notary Seal Above Signature lJ
Lucille
caymond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 'Z 2 MO day of '"� 2o �q (AND1Na ��rPANY p�
F ?+P 0 7
�,yJQ'aGOPPORgpic� 4i2 : yaG40 .7 � 9
co
By.Cassie J. rrisio d, Assistant Se ry
to o' 1936 `� . C ~ X67' o o
�.9'•cgGrFOR�;P' D ••. b C-4�JF .�`�� 2:
ATS -1002 (02/17) ?�.�,,;„ .'��•
CALIFORNIA•.
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 1 /
T � 2120l`41 before me,
Date
personally appeared
Lucas Malcolm -Shane Patterson, Notary Public
Here Insert Name and Title of the Officer
Shilo Lee Losino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
LUCAS MALCOLM-SHANE PATTERSON WITNESS my hand and official seal.
Notary Public - California
Los Angeles County
Z ` Commission # 2167243 r Signature
My Comm, Expires Oct 9, 2020 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:
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
Tony Painting 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
Tony Painting 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
Tony Painting Page C-3
review options with Contractor,
of the self-insured retention,
solutions. Contractor agrees
deductibles on their policies.
which may include reduction or elimination
substitution of other coverage, or other
to be responsible for payment of any
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.
Tony Painting 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: 5/7/19 Dept./Contact Received From: Raymund
Date Completed: 5/23/19 Sent to: Raymund By: Jan
Company/Person required to have certificate: Tony Painting, Inc.
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION
DATE: 7/13/18 — 7/13/19
A.
INSURANCE COMPANY: Ohio Security Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N 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 N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/13/18 — 7/13/19
A.
INSURANCE COMPANY: Ohio Security Insurance Company
B.
AM BEST RATING (A- : VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A N Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A N Yes ❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
N N/A ❑ Yes ❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 6/28/18 —6/28/19
A. INSURANCE COMPANY: Insurance Company of the West
B. AM BEST RATING (A-: VII or greater): A / XII
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
5/23/19
Date
® Yes ❑ No
® Yes ❑ No
61,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
City of Newport Beach
2018-2019 FACILITIES PAINTING PROJECT
Contract No. 7499-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7499-1 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
3h, h-14-
Date
Bidder's Telephorle and Fax Numbers
?Hole%/ G-33
Bidder's License No(s).
and Classification (s)
Bidder's email address:
PR -1
I,-
er VsMthorizo Signature and Title
City of Newport Beach
2018-2019 Facilities Painting Project (C-7499-1), bidding on March 12, 2019 10:00 AM (Pacific)
Bid Results
Bidder Details
BID SUBMITTAL C-7499-1 TONY PAINTING
Vendor Name
Tony Painting
Address
7291 Garden Grove Blvd. Ste. A
Garden Grove, CA 92841
Painting for Newport Beach.pdf
United States
Respondee
Ante Marijanovic
Respondee Title
President, CEO
Phone
714-899-5303 Ext.
Email
tonyspaintingsb@yahoo.com
Vendor Type
Line Total Comment
License #
320164
CADIR
Bid Detail
1 Mobilization and Demobilization
Bid Format
Electronic
Submitted
March 11, 2019 3:09:25 PM (Pacific)
Delivery Method
LS
Bid Responsive
$67,740.00
Bid Status
Submitted
Confirmation #
169371
Ranking
0
Respondee Comment
Buyer Comment
$110,700.00
Attachments
3 Ben Carlson Lifeguard Headquarters (Exterior)
Page 1
Printed 03,12/2019
File Title
File Name
File Type
BID SUBMITTAL C-7499-1 TONY PAINTING
General Attachments Newport Beach Bid.pdf
General Attachment
Bid Submittal C-7499-1 Tony Painting Bid Bond
C 74991 Bid Bond Tony
Painting for Newport Beach.pdf
Bid Bond
Line Items
Type Item Code
UOM
Qty
Unit Price
Line Total Comment
Section 1
1 Mobilization and Demobilization
LS
1
$67,740.00
$67,740.00
2 Civic Center Parking Structure, Nature Park, and
Dog Park (Exterior)
LS
1
$110,700.00
$110,700.00
3 Ben Carlson Lifeguard Headquarters (Exterior)
LS
1
$16,850.00
$16,850.00
4 Fire Station No. 4 (Interior)
LS
1
$7,760.00
$7,760.00
5 Back Bay Science Center (Exterior)
LS
1
$3,000.00
$3,000.00
City of Newport Beach
Page 2
2018-2019 Facilities Painting Project (C-7499-1), bidding on March 12, 2019 10:00 AM
(Pacific)
Printed 03/12/2019
Bid Results
Type Item Code UOM Qty
Unit Price
Line Total Comment
6 Community Youth Center (CYC) (Exterior)
LS 1
$12,750.00
$12,750.00
7 Utilities Yard (Interior)
LS 1
$19,500.00
$19,500.00
8 Big Canyon Reservoir (BCR) (Interior and Exterior)
LS 1
$28,400.00
$28,400.00
9 Zone 5 Pump Station & Generator Building (Exterior)
LS 1
$3,500.00
$3,500.00
10 Hillsborough Pump Station (Exterior)
LS 1
$3,000.00
$3,000.00
11 Newport Beach Country Club Reclaimed Pump Station (Exterior) and Retaining Walls
LS 1
$3,500.00
$3,500.00
12 19th Street Mitigation Station (Exterior)
LS 1
$3,000.00
$3,000.00
13 Big Canyon Country Club Reclaimed Pump Station (Exterior)
LS 1
$3,500.00
$3,500.00
14 Tamura Well Site Building (Exterior)
LS 1
$9,950.00
$9,950.00
15 Dolphin Well Site Building (Exterior)
LS 1
$8,250.00
$8,250.00
i
16 Central Library (Interior)
LS 1
$34,800.00
$34,800.00
17 2 -Year Extended Warranty
LS 1
$2,500.00
$2,500.00
18 Incidental Repairs to Damaged Surfaces (Allowance)
LS 1
$60,000.00
$60,000.00
Subtotal
$398,700.00
Total
$398,700.00
Subcontractors
Name & Address Description License Num
CADIR
Amount Type
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
2018-2019 FACILITIES PAINTING PROJECT
CONTRACT NO. 7499-1
DATE: S "/ BY: ,-'
r, ACTI
TO: ALL PLANHOLDERS
CITY ENGINEER
The following changes, additions, deleti6fis, or clarifications shall be made to the
contract documents — all other conditions shall remain the same.
SAMPLE CONTRACT
1. EXHIBIT C — INSURANCE REQUIREMENTS — PUBLIC WORKS AND
CONSTRUCTION
REMOVE Item 3-D — Builder's Risk Insurance.
PLANS
1. SHEET 2 OF 10 — CIVIC CENTER PARKING STRUCTURE, NATURE PARK
AND DOG PARK
REVISED Add construction note #2 to the three park bridges.
MANDATORY PRE-BID MEETING QUESTIONS
1. What locations are part of this project?
Response: Please refer to the contract documents.
is\users\pbw\shared\contracts\fy18-19 current projects\100 - facilities\fmmp\2018-2019 painting project c-7449-1
19f02\bidding documents\addendum no. 1\addendum no. 1.docx
Response: Please refer to the contract documents.
2. How do we submit our bid and bid bond?
Response: All bids shall be submitted electronically via PlanetBids. Hard copy bid
bonds shall be mailed or hand delivered to City Hall prior to bid opening. City Hall
physical address is:
City of Newport Beach
Public Works Department - Bay 2D
100 Civic Center Drive
Newport Beach, CA 92660
3. For Bid Item No. 2, are we to include refinishing the wood planks of the bridge or just
painting of the guard rails?
Response: Bid Item No. 2 shall include refinishing the wood planks of the bridge.
4. Has lead testing been performed on the paint at the Big Canyon Reservoir?
Response: No. Lead testing has not been performed on the paint at Big Canyon
Reservoir, as this site was last painted in 2003-2004.
5. What type of paint shall be used on the walls and ceiling of the Big Canyon Reservoir
basement?
Response: Please refer to the contract documents.
6. When is the project going to be awarded?
Response: Tentatively, staff will submit a report to City Council on March 26, 2019.
City Council may award the project at the this meeting.
7. Is this a lump sum project?
Response: No. Contractor shall provide a lump sum cost for each location that
adds up to one total bid price per the Contract Documents.
8. Are contractors required to do any repairs?
Response: Yes. Contractor is required to prepare the surface as required by the
Contract Documents. Repairs to damaged surfaces or changed conditions that are
beyond the required preparation as specified in the Contract Documents will require
prior written approval from the Engineer. These costs shall utilize Bid Item #18 -
Incidental Repairs to Damaged Surfaces (Allowance).
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19f02\bidding documents\addendum no. 1\addendum no. 1.docx
9. What is the scheduling for this project?
Response: Project start date is tentatively scheduled for May 2019. The first location
to be completed shall be the Central Library. The Big Canyon Reservoir basement
shall be painting during the summer months.
10. Will the inspector be on site when we are working? When application of a coat is
complete, how long should we expect before an inspection is completed?
Response: A Public Works inspector will be assigned to this project and will be on-
site as necessary.
11. Once inspections are completed and approved (inspection request form) are we
allowed to apply a second coat the same day?
Response: No. Minimimum curing time of one day is required.
12. Can we schedule a site visit of few locations that are to be painted on the interior?
Response: Due to the timeline of the project, another site walk cannot be scheduled.
However, please see attached photo appendix for additional photos of typical Utilities
Yard and Central Library administration offices.
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid
will be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
WY &A� J c�
Bidder's Name (Please Print)
3—S—
Date /) I
Attachments:
Sign ture & Title
- Revised plan sheet 2 of 10 (C-7499-1)
- Photo Appendix (Additional photos of Utilities and Central Library Admin Offices)
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2018-2019 FACILITIES PAINTING PROJECT
CONTRACT NO. 7499-1
PART 1 - GENERAL PROVISIONS
SECTION 00 - PRE-BID MEETING
00-1 JOBWALK
r- e-& 10
F
C 81084
w OMMI
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
6-7 TIME OF COMPLETION
6-7.1 General
6-8 COMPLETION, ACCEPTANCE-, AND WARRANTY
6-9 LIQUIDATED DAMAGES
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR
7-2.2 Prevailing Wages
7-5 PERMITS
7-7 COOPERATION AND COLLATERAL WORK
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7 8.4.2 Storage in Public Streets
7-8.6 Water Pollution Control
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
4
4
4
4
4
4
5
6
6
6
6
6
6
6
6
6
7
7-8.6.2 Best Management Practices (BMPs)
7
7-10 SAFETY
7
7-10.1 Traffic and Access
7
7-10.4 Safety
8
7-10.4.1 Work Site Safety
8
SECTION 9 - MEASUREMENT AND PAYMENT
8
9-2 LUMP SUM WORK
8
9-3 PAYMENT
8
9-3.1 General
g
9-3.2 Partial and Final Payment
13
PART 2 - CONSTRUCTION MATERIALS
13
SECTION 215 — BUILDING MATERIALS
13
215-1 BUILDING MATERIALS
14
215-1.1 Paint
14
PART 3 - CONSTRUCTION METHODS
14
SECTION 315 — PAINT SURFACE PREPARATION
14
315-1 SURFACE PREPARATION
14
APPENDIX A - PHOTOS
Al
APPENDIX 8 - TECHNICAL SPECIFICATIONS
81
INTERIOR PAINTING - 099123
EXTERIOR PAINTING - 099113
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
2018-2019 FACILITIES PAINTING PROJECT
CONTRACT NO. 7499-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. B -5269-S); (3) the City's Desiqn
Criteria, Standard Special Provisions and Standard Drawinqs for Public Works
Construction, (2004 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 00 — PRE-BID MEETING
00-1 JOBWALK
The City will conduct a pre-bid site meeting on the date and at the time specified in the
Invitation to Bid. Bidder attendance at this meeting is MANDATORY. The purpose of the
Pre -Bid Site Meeting is to acquaint prospective bidders with the Big Canyon Reservoir
site, local physical features, site logistics, water and power sources, obstructions and
access. Appendix A includes photos of the other locations. With the exception of the
Utilities Yard and the Back Bay Science Center, all other sites are publicly accessible. It
is the Contractor's responsibility to perform site visits, as necessary to provide a
comprehensive Bid.
The conditions and requirements of these Specifications will govern over any information
presented at the Pre-bid Site Meeting. Addenda will be prepared and issued, as
necessary, to affect any changes to these specifications.
Page 1 of 14
SECTION 1 — TERMS. DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class "B" General Building Contractor or a Class "C-33" Painting and Decorating
Contractor license. At the start of work and until completion of work, the Contractor and
all Subcontractors shall possess a valid Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of rust removal, refinishing
wood surfaces, cleaning, preparing and painting interior and exterior surfaces, as
specified in contract documents at the following locations:
1. Civic Center Parking Structure, Nature Park and Dog Park (100 Civic Center
Drive)
2. Ben Carlson Lifeguard Headquarters (72 Newport Pier)
3. Fire Station No. 4 — Balboa Island (124 Marine Ave)
4. Back Bay Science Center (BBSC) (600 Shellmaker Road)
5. Community Youth Center (CYC) (3000 Fifth Avenue)
6. Utilities Yard (949 W. 16th Street)
7. Big Canyon Reservoir (3300 Pacific View Drive)
8. Zone 5 Pump Station (19 Muir Beach Circle)
9. Hillsborough Pump Station (Hillsborough / Spyglass Hill Road)
10. Newport Beach Country Club Reclaimed Pump Station (-160 feet northwest of
Santa Barbara Drive / San Clemente Drive intersection)
11. 19th Street Gas Mitigation Station (2 Windsong Court)
12. Big Canyon Country Club Reclaimed Pump Station (1850 Jamboree Road)
Page 2 of 14
13. Tamura Well Site (17415 Magnolia Street)
14. Dolphin Well Site (9649 Dolphin Avenue)
15. Central Library (1000 Avocado Avenue)
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
33.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup for
all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute
the markup for all overhead and profit. An additional markup of five (5) percent of the
subcontracted actual cost (prior to any markups) may be added by the Contractor.
To the sum of the costs and markups provided for in this subsection, one (1) percent may
be added for compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
Page 3 of 14
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to thorough
inspection, and no material or article shall be used until it has been inspected and
accepted by the Engineer. The Contractor shall furnish the Engineer with 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 materials.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner in
which the Contractor executed the work, such tests and inspections shall be paid for by
the Contractor.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
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 baseline schedule to the Engineer for approval a minimum of
five working days prior to the pre -construction meeting.
The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional
work until Contractor has exerted extra effort to meet the baseline schedule and has
demonstrated the ability to maintain the schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from the overall time of completion requirement, nor
shall it be construed as the basis for payment of extra work because additional personnel
and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 80 consecutive working
days after the date on the Notice to Proceed. The Contractor shall ensure the availability
Page 4 of 14
and delivery of all material prior to the start of work. Unavailability of material will not be
sufficient reason to grant the Contractor an extension of time.
Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday.
Contractor shall work at one site at a time.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours prescribed
above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays 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 shall pay
for supplemental inspection costs of $146 per hour when such time periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1 st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. 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.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications shall
be on the job site at all times. The Contractor shall maintain as -built drawings of all work
as the job progresses. A separate set of drawings shall be maintained for this purpose.
These drawings shall be up-to-date and reviewed by the Engineer at the time each
progress payment is submitted. Any changes to the approved plans that have been made
with approval from the Engineer shall be documented on the as -built plans.
Page 5 of 14
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project. During
this time, the material shall be made available to the Engineer. Suitable facilities are to
be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for completion
of the work, the Contractor shall pay to the City or have withheld from moneys due it, the
daily sum of $1,000.00.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar 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 facilities' users as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-5 PERMITS Replace this Section with "A City Building Permit is not required."
7-7 COOPERATION AND COLLATERAL WORK
Add to this Section: "City work crews at the Yards are on continuous duty and will need
continuous access to their facilities to respond incidents in the field. The contractor at all
times shall be prepared to temporarily cease operation in short notice to give City crews
access to retrieve the equipment, tools, and/or materials stored inside the buildings."
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may not be stored in streets, roads, or sidewalk
areas. It is the Contractor's responsibility to obtain an area for the storage of
Page 6 of 14
equipment and materials. The Contractor shall obtain the Engineer's approval of a site
for storage of equipment and materials prior to arranging for or delivering equipment and
materials to the site. Prior to move -in, the Contractor shall take photos of the laydown
area. The Contractor shall restore the laydown area to its pre -construction condition.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
Where applicable, the Contractor shall submit a Best Management Practice (BMP) plan
for containing any wastewater or storm water runoff from the project site including, but
not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with construction
debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City 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 14.36.030 of the City's Municipal Code.
7-10 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.
Since the City facilities operate continuously, the Contractor shall expect and plan for
vehicle and pedestrian traffic around his work at all times. Construction delineators and
Page 7 of 14
other warning devices shall be placed whenever work is being performed along access
roads within the Yards for safely."
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. 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.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The lump sum bid prices for each item of work shown on
the proposal shall include full compensation for furnishing the labor, materials, tools, and
equipment and doing all the work, including restoring all existing improvements, to
complete the item of work in place and no other compensation will be allowed thereafter.
Payment for incidental items of work not separately listed shall be included in the prices
shown for the other related items of work. The following items of work pertain to the bid
items included within the Proposal:
Item No. 1 Mobilization and Demobilization: Work under this item shall include
providing bonds, insurance and financing, preparing BMPs, construction schedule,
Schedule of Values, site cleanup, at least one (1) portable toilet, and all other related work
as required by the Contract Documents and these Special Provisions.
Item No. 2 Civic Center Parking Structure, Nature Park and Dog Park (Exterior):
Work under this items shall include all equipment materials, supplies, labor and costs
needed to paint or refinish all surfaces of trash cans (15), bollards (75), bike racks (7),
benches (25), picnic tables (10), rabbit statues (15), handrails (approx. 850 LF), bridges
(3), dog park gates (6) and protect all other city properties (vehicles, equipment, tools,
etc.) from being damaged by the work; and prepare all surfaces (pressure washing,
sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements;
Page 8 of 14
and install at least one coat of primer and two (2) coats of new paint/coating. Contractor
shall detach all bollards from the base paint all surfaces. The cost of remedial work for
"completed" areas that did not pass City inspection shall be borne by the Contractor.
Item No. 3 Ben Carlson Lifeguard Headquarters (Exterior): Work under this items
shall include all equipment materials, supplies, labor and costs needed to paint all vinyl
fascia (approx. 800 LF), corbels, window trims, wood rails (approx. 150 LF), metal rails
(approx.100 LF), stucco walls (approx. 1,000 SF), CMU walls (approx. 2,000 SF) and
appurtenances, epoxy stairs, metal doors (8 EA), and protect all other city properties
(vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all
surfaces (pressure washing, sanding, grinding, Bondo@ filling, caulking, derusting, etc.)
to receive the improvements; and install at least two coats of primer and two (2) coats of
new paint/coating. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor.
Item No. 4 Fire Station No. 4 Apparatus Bay & Stairwell (Interior): Work under
this items shall include all equipment materials, supplies, labor and costs needed to paint
all gypsum board walls and ceilings (approx. 3,800 SF), window frames, trim, conduits on
the walls (within the apparatus bay and the stairwell) and protect all other city properties
(vehicles, equipment, tools, etc) from being damaged by the work; and prepare all
surfaces (pressure washing, sanding, grinding, Bondo@ filling, caulking, derusting, etc.)
to receive the improvements; and install at least one coat of primer and two (2) coats of
new paint/coating. Contractor shall paint around all existing mounted frames. The cost
of remedial work for "completed" areas that did not pass City inspection shall be borne by
the Contractor.
Item No. 5 Back Bay Science Center (Exterior): Work under this items shall include
all equipment materials, supplies, labor and costs needed to paint building signs (5),
building numbers (3) and protect all other city properties (vehicles, equipment, tools, etc.)
from being damaged by the work; and prepare all surfaces (pressure washing, sanding,
grinding, Bondo@ filling, caulking, derusting, etc.) to receive the improvements; and
install at least one coat of primer and two (2) coats of new paint/coating. The cost of
remedial work for "completed" areas that did not pass City inspection shall be borne by
theContractor.
Item No. 6 Community Youth Center (CYC) (Exterior): Work under this items shall
include all equipment materials, supplies, labor and costs needed to paint all stucco
surfaces (including columns - approx. 9,500 SF), wood trim and outlookers (approx. 600
LF), pergola with supports (1), man doors (11), metal parapet caps and protect all other
city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and
prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking,
derusting, etc.) to receive the improvements; and install at least one coat of primer and
two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that
did not pass City inspection shall be borne by the Contractor.
Item No. 7 Utilities Yard (Interior): Work under this items shall include all equipment
materials, supplies, labor and costs needed to paint all items as noted for each building
specified below and protect all other city properties (vehicles, equipment, tools, etc.) from
Page 9 of 14
being damaged by the work; and prepare all surfaces (pressure washing, sanding,
grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements; sealing
of all CMU surfaces; and install at least one coat of primer and two (2) coats of new
paint/coating; removing and reinstalling furniture. The cost of remedial work for
"completed" areas that did not pass City inspection shall be borne by the Contractor.
a. Building I (Standage Ha//, Entryand StairweIV. This shall include all CMU surfaces
(approx. 700 SF), gypsum board surfaces (approx. 260 SF), aluminum windows, door
(6) and trim.
b. Building I (Superintendent's Ofce Teaming Area). This shall include all CMU
surfaces (approx. 400 SF), gypsum board surfaces (approx. 400 SF), aluminum
windows, door (3) and trim.
c. Bui/ding I (270'F/oor). Contractor shall paint all gypsum board surfaces (approx. 5,700
SF), aluminum windows, doors (10) and trim.
d. Bui/ding2(StormDrain). This shall include all aluminum windows, doors (3) and trim.
e. Building 2 (Vacant Offices). This shall include all CMU surfaces (approx. 675 SF),
aluminum window frames, doors (3) and trim.
Bili/ding 3 (Wastewater). This shall include clear sealing only (no paint) of CMU
surfaces (approx. 850 SF), all gypsum board surfaces (approx. 800 SF), aluminum
window frames, doors (4) and trim.
g. Bui/ding6(Maintenance &Repair). This shall include all CMU surfaces (approx. 1,600
SF), all gypsum board surfaces, aluminum windows, doors (5) and trim.
h. Bui/ding 8 (Production). This shall include clear sealing only (no paint) of CMU
surfaces (approx. 120 SF), all gypsum board surfaces, aluminum windows, doors (5)
and trim.
Building 8 (SCADA). This shall include all gypsum board surfaces (approx. 850 SF),
aluminum windows, door (1) and trim.
Item No. 8 Big Canyon Reservoir (BCR): Work under this items shall include all
equipment materials, supplies, labor and costs needed to paint all items as noted for each
building specified below and protect all other city properties (vehicles, equipment, tools,
etc.) from being damaged by the work; and prepare all surfaces (pressure washing,
sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements;
sealing of all CMU surfaces; and install at least one coat of primer and two (2) coats of
new paint/coating. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor.
a. BCR Control Building (Interior and Exterior). Th is s a I I i n c u d e a II C M U s rfaces
(approx. 7,800 SF), gypsum board surfaces (approx. 250 SF), plaster surfaces
(including ceilings — approx. 4,300 SF), windows, trim, interior doors (5), louvers,
Page 10 of 14
downspouts, signage, garage door with enclosure (1), basement floor (approx. 800
SF), piping (with the exception of one section that was painted recently). Contractor
shall not paint any stainless steel bolts or surfaces (unless previously painted) any
PVC piping that are affixed to the walls or exterior man doors (to be replaced by
another City project).
b. BCRZone 3 Garage (Exterior). This shall include all exterior CMU surfaces (approx.
2,100 SF), stucco surfaces (approx. 110 SF), fascia (approx. 121 LF), louvers,
downspouts, gutters, and garage door (1). Contractor shall not paint exterior man
doors (to be replaced by another City project).
c. BCR Zone 3Meta/Pump Enclosure. This shall include all metal surfaces, including
the roof (approx. 2,100 SF).
d. BCR Zone 4 Garage (Eater/or Onljl). This shall include all exterior CMU surfaces
(approx. 3,100 SF), louvers and garage doors (3). Contractor shall not paint exterior
man doors (to be replaced by another City project).
e. BCR Zone 4Metal Pump Enclosure. This shall include all metal surfaces, including
the roof (approx. 1,600 SF).
f. Waukesha Building (Exterior). This shall include all CMU surfaces (approx. 350 SF),
downspout, trim, and garage door (1). Contractor shall not paint exterior man door
(to be replaced by another City project).
Item No. 9 Zone 5 Pump Station & Generator Building (Exterior): Work under this
items shall include all equipment materials, supplies, labor and costs needed to paint all
wood trim (approx. 100 SF), fascia (approx. 150 LF), all surfaces of the wood trellis
(approx. 550 SF), wood doors (2) and protect all other city properties (vehicles,
equipment, tools, etc.) from being damaged by the work; and prepare all surfaces
(pressure washing, sanding, grinding, Bondo@ filling, caulking, derusting, etc.) to receive
the improvements; and install at least one coat of primer and two (2) coats of new
paint/coating. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor.
Item No. 10 Hillsborough Pump Station (Exterior): Work under this items shall
include all equipment materials, supplies, labor and costs needed to paint all stucco
surfaces (approx. 500 SF), fascia (approx. 100 LF), metal louvers (approx. 100 SF); clean
the stone veneer (approx. 400 SF); and protect all other city properties (vehicles,
equipment, tools, etc.) from being damaged by the work; and prepare all surfaces
(pressure washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive
the improvements; and install at least one coat of primer and two (2) coats of new
paint/coating. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor.
Item No. 11 Newport Beach Country Club Reclaimed Pump Station (Exterior)
and Retaining Walls: Work under this items shall include all equipment materials,
supplies, labor and costs needed to paint all CMU surfaces (approx. 1,000 SF), metal
Page 11 of 14
parapet cap (approx. 130 LF), downspouts (approx. 30 LF), exhaust fan louver (4 SF),
signage and protect all other city properties (vehicles, equipment, tools, etc.) from being
damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding,
Bondo@ filling, caulking, derusting, etc.) to receive the improvements; and install at least
one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for
"completed" areas that did not pass City inspection shall be borne by the Contractor.
Contractor shall not paint the exterior man doors (to be replaced by another City project).
Item No. 12 19th Street Mitigation Station (Exterior): Work under this items shall
include all equipment materials, supplies, labor and costs needed to paint all CMU
surfaces (approx. 600 SF), metal fascia (approx. 120 SF), metal doors (2); remove rust
from metal screen soffit (approx. 120 SF), and protect all other city properties (vehicles,
equipment, tools, etc.) from being damaged by the work; and prepare all surfaces
(pressure washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive
the improvements; and install at least one coat of primer and two (2) coats of new
paint/coating. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor.
Item No. 13 Big Canyon Country Club Reclaimed Pump Station (Exterior): Work
under this items shall include all equipment materials, supplies, labor and costs needed
to paint all CMU surfaces (approx. 1,650 SF), metal parapet cap (approx. 150 LF),
downspouts (approx. 30 LF), exhaust fan louver (4 SF), signage and protect all other city
properties (vehicles, equipment, tools, etc.) from being damaged by the work; and
prepare all surfaces (pressure washing, sanding, grinding, Bondoo filling, caulking,
derusting, etc.) to receive the improvements; and install at least one coat of primer and
two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that
did not pass City inspection shall be borne by the Contractor. Contractor shall not paint
the exterior man doors (to be replaced by another City project).
Item No. 14 Tamura Well Site Building (Exterior): Work under this items shall
include all equipment materials, supplies, labor and costs needed to paint all metal
storefront veneer with trim (approx. 1,750 SF), louvers (approx. 90 SF), 8-inch channel
on roof (approx. 290 SF); pressure wash brick veneer (approx. 1,430 SF); and protect all
other city properties (fencing, equipment, tools, etc.) from being damaged by the work;
and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking,
derusting, etc.) to receive the improvements; and install at least one coat of primer and
two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that
did not pass City inspection shall be borne by the Contractor. Contractor shall not paint
the exterior man doors (to be replaced by another City project).
Item No. 15 Dolphin Well Site Building (Exterior): Work under this items shall
include all equipment materials, supplies, labor and costs needed to paint all stucco
surfaces (including retaining wall — approx. 4,100 SF), metal trim, downspouts (approx.
65 LF), parapet cap (approx. 220 LF), metal angled roof (approx. 160 SF), fascia panel
(approx. 130 LF), louvers (approx. 50 SF) and protect all other city properties (fencing,
equipment, tools, etc.) from being damaged by the work; prepare all surfaces (pressure
washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the
improvements; and install at least one coat of primer and two (2) coats of new
Page 12 of 14
paint/coating. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor. Contractor shall not paint the exterior man
doors (to be replaced by another City project).
Item No. 16 Central Library (Interior): Work under this items shall include all
equipment materials, supplies, labor and costs needed to paint all gypsum board surfaces
as noted on the plans (approx. 15,000 SF) , trim (approx. 2,000 LF), portions of exposed
HVAC duct work (approx. 200 SF); refinish wood doors (34), wood paneling/casework
(approx. 100 SF), ceiling grids (approx. 400 SF) and protect all other city properties
(furniture, computers, etc.) from being damaged by the work; and prepare all surfaces
(pressure washing, sanding, grinding, BondoO filling, caulking, derusting, etc.) to receive
the improvements; and install at least one coat of primer and two (2) coats of new
paint/coating; relocating and reinstalling non -mounted furniture. Contractor shall refinish
existing wood surfaces as noted. Library Staff will be responsible for removing and re -
shelving all books. The cost of remedial work for "completed" areas that did not pass City
inspection shall be borne by the Contractor.
Item No. 17 Zero Deductible Two (2) Year Labor and Materials Extended
Warranty: This Item shall include all of the insurance, bonds, materials, labor, and
equipment cost to return to the City of Newport Beach and make repairs to painted areas
that have rusted through. This warranty applies only to all facilities listed within the
contract documents. The warranty includes up to five (5) calls per year at no more than
1,000 SF of repairs per call. This warranty will become effective on the day after the
standard 1 -year warranty per the 2015 Green Book has expired.
Item No. 18 Incidental Repairs to Damaged Surfaces (Allowance): The Contractor
shall have included in this bid a $60,000.00 allowance for incidental repairs to damaged
surfaces or changed conditions, including all of the equipment, materials, supplies, labor,
and costs needed, that are beyond the required preparation as specified in the Technical
Specification. All work under this bid item requires prior written approval from the
Engineer. This item may be removed or reduced in the contract at the City's
discretion and no additional compensation shall be made for bid items removed or
reduced.
9-3.2 Partial and Final Payment
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
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 MATERIALS
Page 13 of 14
215-1 BUILDING MATERIALS
215-1.1 Paint
Unless specifically noted below, the mated
as indicated on the attached Appendix
approved equal. Contract shall provide the
to starting work.
Site specific materials are listed below:
als necessary to complete the work shall be
B - Technical Specifications, or Engineer
Engineer with color chips for approval prior
Biq Canyon Reservoir (3300 Pacific View Drive)
• Steel Water Pipes
o Cleaner: Devprep 88
o Primer: Devran 203 or Devran 205 epoxy
o Finish Coat: ICE/Devoe Bar -Rust 235V; 4-5 Mils DFT Finish
o Color: DC9800 Safety Blue
PART 3 - CONSTRUCTION METHODS
SECTION 315 — PAINT SURFACE PREPARATION
315-1 SURFACE PREPARATION
315-1.1 General
All surfaces shall be scraped, sanded (wood), pressure washed (non -wood), grinded
(metal), patched, filled, or caulked in addition to the technical specification requirements
to ensure proper adhesion.
No finishes shall be applied if the surfaces do not comply with the product manufacturer's
instructions in terms of temperature or humidity.
Page 14 of 14
APPENDIX A - PHOTOS
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LOCATION NO. 2
BEN CARLSON LIFEGUARD HEADQUARTERS
Employee Entrance
Stucco Walls, Fascia and Corbels
Page 5 of 27
Epoxy Stairs and Rails
LOCATION NO. 4
BACK BAY SCIENCE CENTER (BBSC)
Building Number
Building Signage
Page 7 of 27
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BIG CANYON RESERVOIR (BCR)
BCR Control Building Exterior
Page 11 of 27
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BCR Control Room Interior
BCR Control Building Waiting Area
Page 13 of 27
BCR Control Building Office
BCR Control Building Bathroom
Page 14 of 27
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BCR Zone 3 Pump Enclosure
Page 17 of 27
BCR Zone 4 Garages
Page 18 of 27
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BIG CANYON COUNTRY CLUB RECLAIMED PUMP STATION
Site is currently not accessible due to Big Canyon Country Club Maintenance Yard
construction
Page 23 of 27
LOCATION NO. 13
TAMURA WELL SITE
Page 24 of 27
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Interior Walls
Exposed Ducting — Touch up
Page 26 of 27
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APPENDIX B - TECHNICAL SPECIFICATIONS
INTERIOR PAINTING - 099123
EXTERIOR PAINTING - 099113
B1
SECTION 099123
INTERIOR PAINTING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes surface preparation and the application of paint systems on the following
interior substrates listed in 3.6 Interior Painting Schedule.
B. Related Requirements_
1. Section 051200 "Structural Steel Framing" for shop priming of metal substrates with
primers specified in this Section.
2. Section 099113 "Exterior Painting" for surface preparation and the application of paint
systems on exterior substrates.
3. Section 099300 "Staining and Transparent Finishing" for surface preparation and the
application of wood stains and transparent finishes on interior wood substrates.
4. Section 099600 "High -Performance Coatings" for high-performance and special -use
coatings.
1.3 DEFINITIONS
A. Gloss Level 1: Not more than 5 units at 60 degrees and 1 to 2 units at 85 degrees.
B. Gloss Level 2: 5 to 9 units at 60 degrees and 10 to 15 units at 85 degrees.
C. Gloss Level 3: 10 to 15 units at 60 degrees and 15 to 30 units at 85 degrees.
D. Gloss Level 4: 20 to 35 units at 60 degrees and 35 to 50 units at 85 degrees.
E. Gloss Level 5: 40 to 50 units at 60 degrees.
F. Gloss Level 6: 70 to 80 units at 60 degrees.
G. Gloss Level 7: More than 80 units at 60 degrees.
H. Blocking: Two painted surfaces sticking together such as a painted door sticking to a painted
jamb.
INTERIOR PAINTING 099123 - 1
I. Mildew Resistant: Certified products are specially formulated with microbicidal additives that
resist mold, mildew, and algae growth on the paint film and inhibit growth of bacterial odors.
J. CHPS: Collaborative for High Performance Schools. A national movement to improve student
performance and the entire educational experience by building the best possible schools.
www.chps.net.
K. EG: Ethylene Glycol. Ethylene glycol is listed as a hazardous air pollutant (HAP) by the U.S.
EPA.
L. PDCA: Painting & Decorating Contractors of America www.pdca.org.
M. RAVOC: Reactivity adjusted VOC. "Reactivity" means the ability of a VOC to promote ozone
formation
N. SSPC: The Society for Protective Coatings publishes Scopes of SSPC Surface Preparation
Standards and Specifications www.sspe.org.
O. Dunn -Edwards Conformance Chart: D -E CONFORMANCE TABLE
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product. Include preparation requirements and application
instructions.
B. LEED v.4 Requirements: Interior paints and coatings must pass CDPH Standard Method V1.1
(also called section 01350) emissions testing; and they must comply with the VOC content
limits of the California ARB 2007 Suggested Control Measure for Architectural Coatings.
C. Samples for Initial Selection: For each type of topcoat product.
D. Samples for Verification: For each type of paint system and in each color and gloss of topcoat.
1. Submit Samples on rigid backing, no smaller than 7 inches X 10 inches (177 mm X 254
mm) or larger than 8.5 inches X 11 inches (216 mm X 280 nun).
2. Label each Sample for project, Engineer, general contractor, painting contractor, paint
color name and number, paint brand name, "P" number if applicable, and application
area.
E. Product List: For each product indicated, include the following:
1. Cross-reference to paint system and locations of application areas. Use same
designations indicated on Drawings and in schedules.
2. VOC content.
1.5 MAINTENANCE MATERIAL SUBMITTALS
A. Furnish extra materials that match products installed and that are packaged with protective
covering for storage and identified with labels describing contents.
INTERIOR PAINTING 099123 -2
Paint: Provide not less than 1 gal. (3.8L) of each material and color applied.
1.6 QUALITY ASSURANCE
A. Mockups: Apply mockups of each paint system indicated and each color and finish selected to
verify preliminary selections made under Sample submittals and to demonstrate aesthetic effects
and set quality standards for materials and execution.
1. Engineer will select one surface to represent surfaces and conditions for application of
each paint system specified in Part 3.
a. Vertical and Horizontal Surfaces: Provide samples of at least 100 sq. ft. (9 sq. m).
b. Other Items: Engineer will designate items or areas required.
2. Final approval of color selections will be based on mockups.
a. If preliminary color selections are not approved, apply additional mockups of
additional colors selected by Engineer at no added cost to Owner.
3. Approval of mockups does not constitute approval of deviations from the Contract
Documents contained in mockups unless Engineer specifically approves such deviations
in writing.
4. Subject to compliance with requirements, approved mockups may become part of the
completed Work if undisturbed at time of Substantial Completion.
1.7 DELIVERY, STORAGE, AND HANDLING
A. Store materials not in use in tightly covered containers in well -ventilated areas with ambient
temperatures continuously maintained at not less than 45 deg F (7 deg C).
Maintain containers in clean condition, free of foreign materials and residue.
Remove rags and waste from storage areas daily.
1.8 FIELD CONDITIONS
A. Apply paints only when temperature of surfaces to be painted and ambient air temperatures are
between 50 and 90 degrees F (10 and 32 degrees C).
B. Do not apply paints when relative humidity exceeds 85 percent; at temperatures less than 5
degrees F (3 degrees C) above the dew point; or to damp or wet surfaces.
C. Painting contractor should follow proper painting practices and exercise judgment based on his
or her experience and project specific conditions as to when to proceed.
INTERIOR PAINTING 099123 -3
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Basis -of -Design Product: Provide products listed from the Dunn -Edwards Corporation.
2.2 PAINT, GENERAL
A. Material Compatibility:
1. Provide materials for use within each paint system that are compatible with one another
and substrates indicated, under conditions of service and application as demonstrated by
manufacturer, based on testing and field experience.
2. For each coat in a paint system, provide products recommended in writing by
manufacturers of topcoat for use in paint system and on substrate indicated.
B. VOC Content: Provide material that comply with VOC limits of authorities having jurisdiction.
C. Colorants: The use of colorants containing hazardous chemicals, such as ethylene glycol, is
prohibited and zero VOC colorants should be used whenever possible.
D. Colors: As selected by the Engineer.
Indicate a percentage of surface area which will be painted with deep tones.
2.3 SOURCE QUALITY CONTROL
A. Testing of Paint Materials: Owner reserves the right to invoke the following procedure:
1. Owner may engage the services of a qualified testing agency to sample paint materials.
Contractor will be notified in advance and may be present when samples are taken. If
paint materials have already been delivered to Project site, samples may be taken at
Project site. Samples will be identified, sealed, and certified by testing agency.
2. Testing agency will perform tests for compliance with product requirements.
3. Owner may direct Contractor to stop applying coatings if test results show materials
being used do not comply with product requirements. Contractor shall remove
noncomplying paint materials from Project site, pay for testing, and repaint surfaces
painted with rejected materials. Contractor will comply with requirements to use
compatible products and systems as described in Article 2.2. Contractor will be required
to remove rejected materials from previously painted surfaces if, on repainting with
complying materials, the two paints are incompatible.
INTERIOR PAINTING 099123-4
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates and conditions, with Applicator present, for compliance with requirements
for maximum moisture content and other conditions affecting performance of the Work.
B. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter
as follows:
1. Concrete: 12 percent.
2. Masonry (Clay and CMU): 12 percent.
3. Wood: 15 percent.
4. Gypsum Board: 12 percent.
5. Plaster: 12 percent.
C. Gypsum Board Substrates: Verify that finishing compound is sanded smooth.
D. Plaster Substrates: Verify that plaster is fully cured, including pH testing to determine that
alkalinity is within limits established by the manufacturer.
E. Spray -Textured Ceiling Substrates: Verify that surfaces are dry.
F. Verify suitability of substrates, including surface conditions and compatibility with existing
finishes and primers.
G. Proceed with coating application only after unsatisfactory conditions have been corrected.
1. Application of coating indicates acceptance of surfaces and conditions.
3.2 PREPARATION
A. Comply with manufacturer's written instructions.
B. Remove hardware, covers, plates, and similar items already in place that are removable and are
not to be painted. If removal is impractical or impossible because of size or weight of item,
provide surface -applied protection before surface preparation and painting.
After completing painting operations, use workers skilled in the trades involved to
reinstall items that were removed. Remove surface -applied protection if any.
C. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease,
and incompatible paints and encapsulants.
1. Remove incompatible primers and re -prime substrate with compatible primers or apply
tie coat as required to produce paint systems indicated.
INTERIOR PAINTING 099123 -5
D. Concrete Substrates: Remove release agents, curing compounds, efflorescence, and chalk. Do
not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that
permitted in manufacturer's written instructions, including pH testing to determine that
alkalinity is within limits established by the manufacturer.
E. Masonry Substrates: Remove efflorescence and chalk. Do not paint surfaces if moisture
content or alkalinity of surfaces or mortar joints exceed that permitted in manufacturer's written
instructions.
F. Steel Substrates: Remove rust, loose mill scale, and shop primer, if any. Clean using methods
recommended in writing by paint manufacturer.
G. Shop Primed Steel Substrates: Clean field welds, bolted connections, and abraded areas of shop
paint, and paint exposed areas with the same material as used for shop priming to comply with
SSPC-PA 1 for touching up shop primed surfaces.
H. Galvanized Metal Substrates: Remove grease and oil residue from galvanized sheet metal
fabricated from coil stock to produce clean, lightly etched surfaces that promote adhesion of
subsequently applied paints.
I. Aluminum Substrates: Remove loose surface oxidation.
Wood Substrates:
1. Scrape and clean knots and apply coat of knot sealer before applying primer.
2. Sand surfaces that will be exposed to view and dust off.
3. Prime edges, ends, faces, undersides, and backsides of wood.
4. After priming, fill holes and imperfections in the finish surfaces with putty or plastic
wood filler. Sand smooth when dried.
K. Cotton or Canvas Insulation Covering Substrates: Remove dust, dirt, and other foreign material
that might impair bond of paints to substrates.
3.3 APPLICATION
A. Apply paints according to manufacturer's written instructions.
1. Use applicators and techniques suited for paint and substrate indicated.
2. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces.
Before final installation, paint surfaces behind permanently fixed equipment or furniture
with prime coat only.
3. Paint front and backsides of access panels, removable or hinged covers, and similar
hinged items to match exposed surfaces.
4. Do not paint over labels of independent testing agencies or equipment name,
identification, performance rating, or nomenclature plates.
5. Primers specified in painting schedules may be omitted on items that are factory primed
or factory finished if acceptable to topcoat manufacturers.
INTERIOR PAINTING 099123-6
B. Tint each undercoat to a lighter shade of the finish coat (not to exceed 2 ounces of colorant) to
facilitate identification of each coat if multiple coats of same material are to be applied.
C. If undercoats or other conditions show through topcoat, apply additional coats until cured film
has a uniform paint finish, color, and appearance.
D. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks,
roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color
breaks.
E. Block Fillers: Provide block fill as scheduled to conform to the following PDCA Standard P12-
05:
Level 3 - Premium Fill: One or multiple coats of high performance block filler
manufactured to be applied at a high dry film build. Block filler shall be back -rolled to
eliminate voids and reduce the majority of the masonry profile depth.
F. Painting Fire Suppression, Plumbing, HVAC, Electrical, Communication, and Electronic Safety
and Security Work:
Paint the following work where exposed in equipment rooms:
a. Equipment, including panelboards and switch gear.
b. Uninsulated metal piping.
C. Uninsulated plastic piping.
d. Pipe hangers and supports.
e. Metal conduit.
f. Plastic conduit.
g. Tanks that do not have factory -applied final finishes.
h. Duct, equipment, and pipe insulation having cotton or canvas insulation covering
or other paintable jacket material.
i. Other items as directed by the Engineer.
Paint the following work where exposed in occupied spaces:
a. Equipment, including panelboards.
b. Uninsulated metal piping.
C. Uninsulated plastic piping.
d. Pipe hangers and supports.
e. Metal conduit.
f. Plastic conduit.
g. Duct, equipment, and pipe insulation having cotton or canvas insulation covering
or other paintable jacket material.
h. Other items as directed by the Engineer.
3. Paint portions of internal surfaces of metal ducts, without liner, behind air inlets and
outlets that are visible from occupied spaces.
INTERIOR PAINTING 099123 -7
3.4 FIELD QUALITY CONTROL
A. Dry Film Thickness Testing: Owner may engage the services of a qualified testing and
inspecting agency to inspect and test paint for dry film thickness.
1. Contractor shall touch up and restore painted surfaces damaged by testing.
2. If test results show that dry film thickness of applied paint does not comply with paint
manufacturer's written recommendations, Contractor shall pay for testing and apply
additional coats as needed to provide dry film thickness that complies with paint
manufacturer's written recommendations.
3.5 CLEANING AND PROTECTION
A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from
Project site.
B. After completing paint application, clean spattered surfaces. Remove spattered paints by
washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces.
C. Protect work of other trades against damage from paint application. Correct damage to work of
other trades by cleaning, repairing, replacing, and refinishing, as approved by Engineer, and
leave in an undamaged condition.
D. At completion of construction activities of other trades, touch up and restore damaged or
defaced painted surfaces.
3.6 INTERIOR PAINTING SCHEDULE
A. Concrete Substrates, Nontraffic Surfaces:
Ultra -Premium Low Odor/VOC Latex System:
a. Prime Coat: Primer sealer, Dunn -Edwards, Eff-Stop Premium ESPR00.
b. Intermediate
Coat: Latex, interior, matching topcoat.
C. Topcoat:
Latex, interior, flat, Dunn -Edwards, Everest EVER10, (Gloss Level 1).
Or
d. Topcoat:
Latex, interior, velvet, Dunn -Edwards, Everest EVER20, (Gloss
Level 2).
Or
e. Topcoat:
Latex, interior, eggshell, Dunn -Edwards, Everest EVER30, (Gloss
Level 3).
Or
f. Topcoat:
Latex, interior, semi -gloss, Dunn -Edwards, Everest EVER50, (Gloss
Level 5).
2. Pre -Catalyzed Waterbased Epoxy Over a Latex Primer System:
a. Prime Coat: Primer, alkali resistant, waterbased, Dunn -Edwards, Eff-Stop
Premium ESPR00.
INTERIOR PAINTING 099123 -8
b. Intermediate Coat: Pre -catalyzed waterbased epoxy, interior, matching topcoat.
C. Topcoat: Pre -catalyzed waterbased epoxy, interior, semi -gloss, Dunn -Edwards,
Enduracat ENPX50, (Gloss Level 5).
B. Concrete Substrate — Floors:
1. Epoxy System:
a. Preparation: Clean floors of fat, grease, and oil not removed by mechanical
means with Seal-Krete Clean -N -Etch in accordance with Manufacturer's
instructions and ASTM D4258.
a. Vapor Barrier: Test floors for vapor drive in accordance with ASTM D4263 (If
testing for moisture proves required): Seal-Krete, Vapor -Shell, moisture
mitigating, epoxy, primer
b. Prime Coat: Seal-Krete, High Performance Epoxy -Shell 1000, interior,
100% Solids, Self -Leveling Epoxy Coating System.
C. Intermediate Coat: Seal-Krete, High Performance Epoxy -Shell 1000, interior,
100% solids, Self -Leveling Epoxy Coating System.
d. Top Coat: Seal-Krete, High Performance Poly -Shell 7000, interior / exterior,
polyaspartic, topcoat.
e. Non -Slip Additive — Optional: Seal-Krete Clear Grip, non -slip grit additive.
C. Clay -Masonry Substrates:
1. Ultra -Premium Low Odor/VOC Latex System:
a. Prime Coat: Primer, alkali resistant, waterbased, Dunn -Edwards, Eff-Stop
Premium ESPR00.
b. Intermediate Coat: Latex, interior, low odor/VOC, matching topcoat.
C. Topcoat: Latex, interior, eggshell, Dunn -Edwards, Everest EVER30, (Gloss
Level 3).
Or
d. Topcoat: Latex, interior, semi -gloss, Dunn -Edwards, Everest EVER50, (Gloss
Level 5).
D. CMU Substrates:
1. Ultra -Premium Low Odor/VOC Latex System (Areas where there is no moisture
intrusion and previously painted):
a. Prime Coat: Primer, alkali resistant, waterbased, Dunn -Edwards, Eff-Stop
Premium ESPR00.
b. Intermediate Coat: Latex, interior, matching topcoat.
C. Topcoat: Latex, interior, eggshell, Dunn -Edwards, Everest EVER30, (Gloss
Level 3).
Or
d. Topcoat: Latex, interior, low odor/VOC, semi -gloss, Dunn -Edwards, Everest
EVER50, (Gloss Level 5).
INTERIOR PAINTING 099123 -9
2. Pre -Catalyzed Waterbased Epoxy System. (Areas where there is either chemical or
moisture resistance desired within the space on previously painted surface):
a. Prime Coat: Primer, alkali resistant, waterbased, Dunn -Edwards, Eff-Stop
Premium ESPR00.
b. Intermediate Coat: Pre -catalyzed waterbased epoxy, interior, matching topcoat.
C. Topcoat: Pre -catalyzed waterbased epoxy, interior, Dunn -Edwards, Enduracat
ENPX50, (Gloss Level 5).
3. Clear Sealer Epoxy System (previously uncoated surface):
a. Prime Coat: Seal-Krete, High Performance Epoxy -Shell 1000 - Clear, interior,
100% Solids, Self -Leveling Epoxy Coating System.
b. Top Coat: Seal-Krete, High Performance Epoxy -Shell 1000 - Clear, interior,
100% Solids, Self -Leveling Epoxy Coating System.
4. CMU with water intrusion (Water intrusion to be corrected prior to coatings application):
a. Preparation: Efflorescence Remover use to remove white, chalky residue
(efflorescence) and mild rust stains, Rustoleum, Rock Solid Efflorescence
Remover.
b. First Prime Coat: Water Tightener, Mold & Mildew Proof Waterproofing Paint, a
modified acrylic copolymer concrete and masonry waterproofing paint and finish.
C. Second Prime Coat: Water Tightener, Mold & Mildew Proof Waterproofing Paint
is a modified acrylic copolymer concrete and masonry waterproofing paint and
finish.
d. Intermediate Coat: Latex, interior, matching topcoat.
e. Top Coat: (Optional — if custom colors other than pastels or whites are desired),
Latex, interior, eggshell, Dunn -Edwards, Everest EVER30, (Gloss Level 3).
Or
Latex, interior, low odor/VOC, semi -gloss, Dunn -Edwards, Everest EVER50,
(Gloss Level 5).
E. Steel Substrates:
Water Based Dry Fall System (Library Duct Work):
a. Topcoat: Dry fall, water based, eggshell, Dunn -Edwards, Aquafall A UA30,
(Gloss Level 3).
Or
C. Topcoat: Dry fall, water based, semi -gloss, Dunn -Edwards, Aquafall AQUA50,
(Gloss Level 5).
2. Waterborne Acrylic over an Alkyd Primer System:
a. Prime Coat: Primer, alkyd, anti -corrosive, for metal, Dunn -Edwards, Enduraprime
Rust Preventative Primer ENPR00.
b. Intermediate Coat: Waterborne acrylic matching topcoat.
C. Topcoat: Waterborne, acrylic, high performance, interior / exterior, semi -gloss,
direct -to -metal, Dunn Edwards, Endura -Coat ENCT50.
INTERIOR PAINTING 099123- 10
F. Galvanized Metal Substrates:
Water Based Latex Dry Fall System (Library Duct Work):
a. Topcoat: Dry fall, water based, low sheen, Dunn -Edwards, Aquafall AQUA30,
(Gloss Level 3).
Or
b. Topcoat: Dry fall, water based, low sheen, Dunn -Edwards, Aquafall A UA50,
(Gloss Level 4).
2. Waterborne Acrylic over a Latex Primer System:
a. Prime Coat: Primer, waterbased, Dunn -Edwards, Ultrashield Galvanized Metal
Primer ULGM00.
b. Intermediate Coat: Waterborne acrylic, interior/exterior, matching topcoat.
C. Topcoat: Waterborne, acrylic, high performance, interior / exterior, semi -gloss,
direct -to -metal, Dunn Edwards, Endura -Coat ENCT50.
G. Aluminum (Not Anodized or Otherwise Coated) Substrates:
Waterborne Acrylic over a Latex Primer System
a. Prime Coat: Primer, waterbased, Dunn -Edwards, Ultrashield Galvanized Metal
Primer ULGM00.
b. Intermediate Coat: Waterborne, acrylic matching topcoat.
C. Topcoat: Waterborne, acrylic, high performance, interior / exterior, semi -gloss,
direct -to -metal, Dunn Edwards, Endura -Coat ENCT50.
H. Wood Substrates:
1. Ultra -Premium Low Odor/VOC Latex System:
a. Prime Coat: Primer, latex, for interior wood, Dunn -Edwards, Inter-Kote IKPR00.
b. Intermediate Coat: Latex, interior, matching topcoat.
C. Topcoat: Latex, interior, semi -gloss, Dunn -Edwards, Everest EVER50, (Gloss
Level 5).
2. Waterborne Clear Finish Coat over Oil Based Stain System:
a. Preparation: Existing clear coat and stain to be removed through mechanical or
chemical means.
b. Intermediate Coat: Interior oil-based stain, matching topcoat.
C. Topcoat: (Optional — depending on desired intensity of color), Old Masters Wiping
Stain, interior oil-based stain.
d. First Finish Coat: Waterborne, satin, interior matching finish coat.
e. Second Finish Coat: Old Masters, Masters Armor, waterborne, interior clear finish.
Gypsum Board Substrates:
Ultra -Premium Low-Odor/VOC Latex System:
INTERIOR PAINTING 099123 - 11
a. Prime Coat: Primer sealer, latex, interior, Dunn -Edwards, Vinylastic Premium
VNPR00.
b. Intermediate Coat: Latex, interior, low odor/VOC, matching topcoat.
C. Topcoat: Latex, interior, low odor/VOC, eggshell, Dunn -Edwards, Everest
EVER30, (Gloss Level 3).
Or
d. Topcoat: Latex, interior, low odor/VOC, semi -gloss, Dunn -Edwards, Everest
EVER50, (Gloss Level 5).
J. Plaster Substrates:
Ultra -Premium Low Odor/VOC Latex System:
a. Prime Coat: Primer, alkali resistant, water based, Dunn -Edwards, Eff-Stop
Premium ESPR00.
b. Intermediate Coat: Latex, interior, matching topcoat.
C. Topcoat: Latex, interior, flat, Dunn -Edwards Everest EVER10, (Gloss Level 1).
Or
d. Topcoat: Latex, interior, velvet, Dunn -Edwards Everest EVER20, (Gloss Level 2).
Or
e. Topcoat: Latex, interior, eggshell, Dunn -Edwards, Everest EVER30, (Gloss
Level 3).
Or
f. Topcoat: Latex, interior, semi -gloss, Dunn -Edwards, Everest EVER50, (Gloss
Level 5).
END OF SECTION 099123
INTERIOR PAINTING 099123 - 12
SECTION 099113
EXTERIOR PAINTING
PART 1 -GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes surface preparation and the application of paint systems on exterior
substrates listed in part, 3.6 Exterior Painting Schedule.
B. Related Requirements:
1. Section 051200 "Structural Steel Framing" for shop priming of metal substrates with
primers specified in this Section.
2. Section 099123 "Interior Painting" for surface preparation and the application of paint
systems on interior substrates.
3. Section 099300 "Staining and Transparent Finishing" for surface preparation and the
application of wood stains and transparent finishes on exterior wood substrates.
4. Section 099600 "High -Performance Coatings" for special -use coatings.
1.3 DEFINITIONS
A. Gloss Level 1: Not more than 5 units at 60 degrees and 10 units at 85 degrees, according to
ASTM D 523.
B. Gloss Level 2: Not more than 10 units at 60 degrees and 35 units at 85 degrees, according to
ASTM D 523
C. Gloss Level 3: 10 to 25 units at 60 degrees and 10 to 35 units at 85 degrees, according to
ASTM D 523.
D. Gloss Level 4: 20 to 35 units at 60 degrees and not less than 35 units at 85 degrees, according
to ASTM D 523.
E. Gloss Level 5: 35 to 70 units at 60 degrees, according to ASTM D 523.
F. Gloss Level 6: 70 to 85 units at 60 degrees, according to ASTM D 523.
G. Gloss Level 7: More than 85 units at 60 degrees, according to ASTM D 523.
H. EG: Ethylene Glycol. Ethylene glycol is listed as a hazardous air pollutant (HAP) by the U.S.
EPA.
EXTERIOR PAINTING 099113-1
I. Blocking: Two painted surfaces sticking together such as a painted door sticking to a painted
jamb.
J. RAVOC: Reactivity adjusted VOC `Reactivity' means the ability of a VOC to promote ozone
formation.
K. PDCA: Painting & Decorating Contractors of America www.pdca.org
L. SSPC: Scopes of SSPC Surface Preparation Standards and Specifications. www.sspc.org.
M. Green Wise: Green Wise products are tested in an ISO accredited laboratory to meet
environmentally determined performance standards established by Coatings Research Group,
Inc.
N. Dunn -Edwards Conformance Chart: DE CONFORMANCE TABLE
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product. Include preparation requirements and application
instructions.
B. Samples for Initial Selection: For each type of topcoat product.
C. Samples for Verification: For each type of paint system and each color and gloss of topcoat.
1. Submit Samples on rigid backing, no smaller than 7 inches by 10 inches (177.8 mm by
254 mm) or larger than 8.5 inches by 11 inches (215.9 mm by 279.4 mm).
2. Label each Sample for project, Engineer, general contractor, painting contractor, paint
color name and number, paint brand name, "P" number if applicable, and application
area.
D. Product List: For each product indicated, include the following:
1. Cross-reference to paint system and locations of application areas. Use same
designations indicated on Drawings and in schedules.
2. VOC content.
1.5 MAINTENANCE MATERIAL SUBMITTALS
A. Furnish extra materials that match products installed and that are packaged with protective
covering for storage and identified with labels describing contents.
1. Paint: Provide not less than 1 gal. (3.8 L) of each material and color applied.
1.6 QUALITY ASSURANCE
A. Mockups: Apply mockups of each paint system indicated and each color and finish selected to
verify preliminary selections made under Sample submittals and to demonstrate aesthetic effects
and set quality standards for materials and execution.
1. Engineer will select one surface to represent surfaces and conditions for application of
EXTERIOR PAINTING 099113 -2
each paint system specified in Part 3.
a. Vertical and Horizontal Surfaces: Provide samples of at least 100 sq. ft. (9 sq. m).
b. Other Items: Engineer will designate items or areas required.
2. Final approval of color selections will be based on mockups.
a. If preliminary color selections are not approved, apply additional mockups of
additional colors selected by Engineer at no added cost to Owner.
3. Approval of mockups does not constitute approval of deviations from the Contract
Documents contained in mockups unless Engineer specifically approves such deviations
in writing.
4. Subject to compliance with requirements, approved mockups may become part of the
completed Work if undisturbed at time of Substantial Completion.
1.7 DELIVERY, STORAGE, AND HANDLING
A. Store materials not in use in tightly covered containers in well -ventilated areas with ambient
temperatures continuously maintained at not less than 45 degrees F (7 degrees C) or more than
120 degrees F (49 degrees Q.
1. Maintain containers in clean condition, free of foreign materials and residue.
2. Remove rags and waste from storage areas daily.
1.8 FIELD CONDITIONS
A. Apply paints only when temperature of surfaces to be painted and ambient air temperatures are
between 50 and 90 degrees F (10 and 32 degrees C).
B. Do not apply paints in snow, rain, fog, or mist; when relative humidity exceeds 85 percent; or
at temperatures less than 5 degrees F (3 degrees C) above the dew point; or to damp or wet
surfaces.
C. Painting contractor should follow proper painting practices and exercise judgment based on his
or her experience and project specific conditions as to when to proceed.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Basis -of -Design Product: Provide products listed from Dunn -Edwards Corporation
2.2 PAINT, GENERAL
A. Material Compatibility:
1. Provide materials for use within each paint system that are compatible with one another
and substrates indicated, under conditions of service and application as demonstrated by
manufacturer, based on testing and field experience.
2. For each coat in a paint system, provide products recommended in writing by
manufacturers of topcoat for use in paint system and on substrate indicated.
EXTERIOR PAINTING 099113-3
B. VOC Content: Provide materials that comply with VOC limits of authorities having
jurisdiction.
C. Colorants: The use of colorants containing hazardous chemicals, such as ethylene glycol, is
prohibited.
D. Colors: As selected by the Engineer.
Indicate a percentage of the surface area that will be painted with deep tones.
2.3 SOURCE QUALITY CONTROL
A. Testing of Paint Materials: Owner reserves the right to invoke the following procedure:
1. Owner may engage the services of a qualified testing agency to sample paint materials.
Contractor will be notified in advance and may be present when samples are taken. If
paint materials have already been delivered to Project site, samples may be taken at
Project site. Samples will be identified, sealed, and certified by testing agency.
2. Testing agency will perform tests for compliance with product requirements.
3. Owner may direct Contractor to stop applying paints if test results show materials being
used do not comply with product requirements. Contractor shall remove noncomplying
paint materials from Project site, pay for testing, and repaint surfaces painted with rejected
materials. Contractor will comply with requirements to use compatible products and
systems as described in Paragraph 2.2.A. Contractor will be required to remove rejected
materials from previously painted surfaces if, on repainting with complying materials,
the two paints are incompatible.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates and conditions, with Applicator present, for compliance with requirements
for maximum moisture content and other conditions affecting performance of the Work.
B. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter
as follows:
1. Concrete: 12 percent.
2. Masonry (Clay and CMU): 12 percent.
3. Wood: 15 percent.
4. Portland Cement Plaster: 12 percent.
5. Gypsum Board: 12 percent.
C. Portland Cement Plaster Substrates: Verify that plaster is fully cured, including pH testing to
determine that alkalinity is within limits established by the manufacturer.
D. Exterior Gypsum Board Substrates: Verify that finishing compound is sanded smooth.
EXTERIOR PAINTING 099113-4
E. Verify suitability of substrates, including surface conditions and compatibility with existing
finishes and primers.
F. Proceed with coating application only after unsatisfactory conditions have been corrected.
Application of coating indicates acceptance of surfaces and conditions.
3.2 PREPARATION
A. Comply with manufacturer's written instructions.
B. Remove hardware, covers, plates, and similar items already in place that are removable and are
not to be painted. If removal is impractical or impossible because of size or weight of item,
provide surface -applied protection before surface preparation and painting.
After completing painting operations, use workers skilled in the trades involved to
reinstall items that were removed. Remove surface -applied protection.
C. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease,
and incompatible paints and encapsulants.
1. Remove incompatible primers and re -prime substrate with compatible primers or apply tie
coat as required to produce paint systems indicated.
D. Concrete Substrates: Remove release agents, curing compounds, efflorescence, and chalk. Do
not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that
permitted in manufacturer's written instructions.
E. Masonry Substrates: Remove efflorescence and chalk. Do not paint surfaces if moisture
content or alkalinity of surfaces or mortar joints exceeds that permitted in manufacturer's written
instructions.
F. Steel Substrates: Remove rust, loose mill scale, and shop primer if any. Clean using methods
recommended in writing by paint manufacturer.
G. Shop Primed Steel Substrates: Clean field welds, bolted connections, and abraded areas of shop
paint, and paint exposed areas with the same material as used for shop priming to comply with
SSPC-PA 1 for touching up shop primed surfaces.
H. Galvanized Metal Substrates: Remove grease and oil residue from galvanized sheet metal
fabricated from coil stock to produce clean, lightly etched surfaces that promote adhesion of
subsequently applied paints.
I. Aluminum Substrates: Remove loose surface oxidation.
J. Wood Substrates:
1. Scrape and clean knots. Before applying primer, apply coat of knot sealer recommended
in writing by topcoat manufacturer for exterior use in paint system indicated.
2. Sand surfaces that will be exposed to view and dust off.
3. Prime edges, ends, faces, undersides, and backsides of wood.
4. After priming, fill holes and imperfections in the finish surfaces with putty or plastic
EXTERIOR PAINTING 099113 -5
3.3
wood filler. Sand smooth when dried.
APPLICATION
A. Apply paints according to manufacturer's written instructions.
1. Use applicators and techniques suited for paint and substrate indicated.
2. The number of coats scheduled is the minimum number of coats required. Additional
coat(s) shall be applied at no additional cost to the Owner, to completely hide base
material, provide uniform color, and to produce satisfactory finish results.
3. Apply coatings without thinning except as specifically required by label directions or
required by these specifications. In such cases, thinning shall be the minimum reduction
permitted.
4. Paint surfaces behind movable items same as similar exposed surfaces. Before final
installation, paint surfaces behind permanently fixed items with prime coat only.
5. Paint both sides and edges of exterior doors and entire exposed surface of exterior
door frames.
6. Paint entire exposed surface of window frames and sashes.
7. Do not paint over labels of independent testing agencies or equipment name,
identification, performance rating, or nomenclature plates.
8. Priming may not be required on items delivered with prime or shop coats, unless
otherwise specified. Touch up prime coats applied by others as required ensuring an
even primed surface before applying finish coat.
B. Tint each undercoat to a lighter shade of the finish coat (not to exceed 2 ounces of colorant) to
facilitate identification of each coat if multiple coats of same material are to be applied.
C. If undercoats or other conditions show through topcoat, apply additional coats until cured film
has a uniform paint finish, color, and appearance.
D. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks,
roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color
breaks.
E.
F
Block Fillers: Provide block fill as scheduled to conform to the following: PDCA Standard P12-
05.
Level 3 - Premium fill: One or multiple coats of high performance block filler
manufactured to be applied at a high dry film build. Block filler shall be back -rolled
to eliminate voids and reduce the majority of the masonry profile depth.
Painting Fire Suppression, Plumbing, HVAC, Electrical, Communication, and Electronic
Safety and Security Work:
Paint the following work where exposed to view:
a. Equipment, including panelboards and switch gear.
b. Uninsulated metal piping.
C. Uninsulated plastic piping.
d. Pipe hangers and supports.
e. Metal conduit.
£ Plastic conduit.
EXTERIOR PAINTING 099113-6
g. Tanks that do not have factory -applied final finishes.
h. Other items as directed by the Engineer.
3.4 FIELD QUALITY CONTROL
A. Dry Film Thickness Testing: Owner may engage the services of a qualified testing and inspecting
agency to inspect and test paint for dry film thickness.
1. Contractor shall touch up and restore painted surfaces damaged by testing.
2. If test results show that dry film thickness of applied paint does not comply with paint
manufacturer's written recommendations, Contractor shall pay for testing and apply
additional coats as needed to provide dry film thickness that complies with paint
manufacturer's written recommendations.
3.5 CLEANING AND PROTECTION
A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from
Project site.
B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing,
scraping, or other methods. Do not scratch or damage adjacent finished surfaces.
C. Protect work of other trades against damage from paint application. Correct damage to work of
other trades by cleaning, repairing, replacing, and refinishing, as approved by Engineer, and
leave in an undamaged condition.
D. At completion of construction activities of other trades, touch up and restore damaged or
defaced painted surfaces.
3.6 EXTERIOR PAINTING SCHEDULE
A. Concrete Substrates, Non -Traffic Surfaces:
Ultra -Premium Latex System:
a. Prime Coat: Primer, alkali resistant, waterbased, interior/exterior, Dunn -
Edwards, Eff-Stop Premium ESPR00 (if Efflorescence present)
Or Super -Loc Premium SLPR00-2-WH Interior/Exterior Masonry/Bonding Primer
b. Intermediate Coat: Latex, exterior, matching topcoat.
C. Topcoat: Latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100%
acrylic, (Gloss Level 2).
B. Clay -Masonry, CMU (without block filler) Substrates:
Ultra -Premium Latex System
a. Prime Coat: Primer, alkali resistant, waterbased, interior/exterior, Dunn -
Edwards, Eff-Stop Premium ESPR00.
b. Intermediate Coat: Latex, exterior, matching topcoat.
C. Topcoat: Latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100%
EXTERIOR PAINTING 099113 -7
acrylic, (Gloss Level 2).
C. CMU Substrates:
Ultra -Premium Latex System:
a. Prime Coat: Block filler, latex, interior/exterior, Dunn -Edwards, Smooth
BLOCFIL Premium SBPR00 (Previously unpainted surface).
Or
Alkali resistant, waterbased, interior/exterior Primer, Dunn -Edwards, Eff-
Stop Premium ESPR00 (if Efflorescence present).
Or
Urethane Modified Acrylic Interior/Exterior Masonry/Bonding Primer, Dunn
Edwards Super -Loc Premium SLPR00-2-WH (Previously painted surface).
b. Intermediate Coat: Latex, exterior, matching topcoat.
C. Topcoat: Latex, exterior, velvet, Dunn -Edwards, Evershield E_ V_ SH20 100%
acrylic, (Gloss Level 2).
D. Steel Substrates:
Waterborne Acrylic over an Alkyd Primer System:
a. Prime Coat: Primer, rust inhibitive, waterborne alkyd, interior/exterior, Dunn -
Edwards, Enduraprime Rust Preventative Primer ENPR00.
b. Intermediate Coat: Acrylic, interior / exterior, matching topcoat.
C. Topcoat: Waterborne, acrylic, high performance, interior / exterior, semi -gloss,
direct -to -metal, Dunn Edwards, Endura -Coat ENCT50.
E. Steel Substrates: Roofing
Waterborne Urethane Alkyd Enamel System:
a. Stripe Coat: (Note: Previously painted surface pressure wash at 4000 psi Stripe
Coat all sharp edges and corners.) Rust inhibitive, waterborne alkyd,
interior/exterior, Dunn -Edwards, Enduraprime Rust Preventative Primer ENPR00.
b. Prime Coat: Urethane Modified Acrylic Interior/Exterior Masonry/Bonding Primer,
Dunn Edwards Super -Loc Premium SLPR00-2-WH.
C. Intermediate Coat: Waterborne urethane alkyd, interior/exterior matching topcoat.
d. Topcoat: Waterborne urethane alkyd, interior/exterior, semi -gloss, Dunn -
Edwards Aristoshield ASHL50, (Gloss Level 5)
F. Galvanized Metal Substrates:
Waterborne Acrylic over a Latex Primer System:
a. Prime Coat: Primer, waterbased, interior/exterior, Dunn -Edwards Ultrashield
Galvanized Metal Primer ULGM00.
b. Intermediate Coat: Waterborne acrylic, interior/exterior, matching topcoat.
C. Topcoat: Waterborne, acrylic, high performance, interior / exterior, semi -gloss,
direct -to -metal, Dunn Edwards, Endura -Coat ENCT50.
EXTERIOR PAINTING 099113 -8
G. Aluminum Substrates:
1. Waterborne Acrylic over a Latex Primer System:
a. Prime Coat: Primer, waterbased, interior/exterior, Dunn -Edwards, Ultrashield
Galvanized Metal Primer ULGM00.
b. Intermediate Coat: Waterborne acrylic, interior/exterior, matching topcoat.
C. Topcoat: Waterborne, acrylic, high performance, interior / exterior, semi -gloss,
direct -to -metal, Dunn Edwards, Endura -Coat ENCT50.
H. Wood Substrates:
1. Ultra -Premium Latex System:
a. Prime Coat: Primer, waterbased, exterior, Dunn -Edwards, EZ -Prime Premium
EZPR00.
b. Intermediate Coat: Latex, exterior, matching topcoat.
C. Topcoat: Latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100%
acrylic, (Gloss Level 2).
2. Stain System, Acrylic:
a. Preparation: Rustoleum, RockSolid Wood Cleaner & Brightener
b. Intermediate Coat: Acrylic, exterior, matching topcoat.
C. Topcoat: Acrylic, exterior, water -base, wood stain, Rustoleum, Okon Weather Pro
Solid Stain.
3. Decks/Stairs, Waterborne Acrylic over Waterborne Two -Component, Epoxy:
a. Prime Coat: Two component, water-based epoxy, Sierra S70 Water -Based Epoxy
Primer
b. Intermediate Coat: Acrylic, exterior, matching topcoat.
C. Topcoat: Acrylic, exterior, water-based coating, Rustoleum, Restore, 4X Deck
Coat.
I. Portland Cement Plaster (Stucco) Substrates:
1. Ultra -Premium Latex System:
a. Prime Coat: Primer, alkali resistant, waterbased, interior/exterior, Dunn -Edwards,
Eff-Stop Premium ESPR00.
b. Intermediate Coat: Latex, exterior, matching topcoat.
C. Topcoat: Latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100%
acrylic, (Gloss Level 2).
J. Exterior Gypsum Board Substrates:
1. Ultra -Premium Latex System:
EXTERIOR PAINTING 099113-9
a. Prime Coat: Primer, waterbased, interior/exterior, Dunn -Edwards, Ultra -Grip
Premium UGPR00.
b. Intermediate Coat: Latex, exterior, matching topcoat.
C. Topcoat: Latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100%
acrylic, (Gloss Level 2).
K. Vinyl Substrates:
Waterborne Acrylic over Solvent Based Primer System:
a. Prime Coat: Rustoleum, XIM, Plastic & Vinyl NT Bonding Primer
b. Intermediate Coat: Acrylic, interior / exterior, matching topcoat.
C. Topcoat: Waterborne acrylic Industrial Maintenance Coating, interior/exterior,
Dunn Edwards, Endura -Coat ENCT50.
END OF SECTION 099113
EXTERIOR PAINTING 099113-10