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HomeMy WebLinkAboutC-7719-1 - City Yard Re-Roofing Project} h u 4 ,�41�,WPoiy Intl t n i, �_ end of � 4 iV" '� fJ<,wF, r1 ra��. nil i. .ilil�rrnla �NeSb0 � `_ iicW�iu ilho-.n Jn-.iynV p August 25, 2021 San Marino Roof Co., Inc. Attn: Mike Sanabria 2187 N. Batavia St. Orange, CA 92865 Subject: City Yard Re -Roofing Project — C-7719-1 Dear Mr. Sanabria: On August 25, 2020, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 28, 2020 Reference No. 2020000445072. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024237727. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024237727 FAITHFUL PERFORMANCE BOND s bond was issued in two (2) U 1ginal counterparts The premium charges on this Bond is $5,557.00 , being at the rate of $8.40 / $5.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to SAN MARINO ROOF CO., Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing existing roofing systems; installing new built-up roof systems; installing curbs and roof closure at removed or abandoned penetrations; replacing vents, scuppers and skylights; and all other work as specified in the Contract Documents, for Buildings C and D at the Corporation Yard located at 592 Superior Avenue, Newport Beach, CA 92663 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 The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Fifty One Thousand Dollars ($551,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. San Marino Roof Co., Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of February 2020 San Marino Roof Co., Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200 Orange CA 92868 Address of Surety (714)937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 IZ Zozo By: F° City Aaron Attorney -1 O T" Authorized Sigriaturefritle Gregory A. Banks, President Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED San Marino Roof Co., Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ss. On C2/27/2020 20 before me, Annette I. Meiia Notary Public, personally appeared Gregory A. Banks 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. ANNME 1, MEJ1A Naury Vobft Calilnrnia 0I -m" ge County Commission 0 2711649 Comm. CxpirP, Dec 7, 2027 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 Orange ) ss. On February 26th 2020 before me, Adrian Benkert-Langrell Notary Public, personally appeared Dwight Reilly 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. - A0171AN BENHERFLANGRELL WITNESS my hand and official seal.COMm #221426,3 m Notary PiblioCalllornia 0: i _ '( •a01?ANGF COON I'Y LL My Comm Fxplros Sep 15,2021 Signature Adrian Benkert-Langrell (seal) San Marino Roof Co., Inc. Page B-3 Liberty Mutual. SURETY This POWs. Attorney limits the acts of those named herein, and they have athorlly to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Hond No. 024237727 Certificate No: 8202806 - 969561 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aruna Ayala, Daniel Iluckabay 14ank Mnrenes R. Nappi Dwight Reilly Shatilina Ito z•II.Ostrom, H • St ng Michael a•1 D Stalig — all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact tc make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, [his Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of Deecillhei , 2019 Liberty Mutual Insurance Company The Ohio Y Casualty Insurance Comp a ny West American Insurance Company By' 'PENNSYLVANIA of MONTGOMERY as —n On this 31st dayof December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purpose therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (0 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, an the day and year first above written. N 4.�'M1eew SCF COMMONWEALTH OF PENNSYLVANIA g• e,,n e,, i _ Ntrons.l ease m ~J d ore aq Taeae Ppaldla. Notary Public raupper Marron 1w ,Mnitoa ly Cantly By: My Comm,.don Expire. Mato 29_2021 11 erase Pastels, Notary Public Memb.[nr Ndnas Iu this Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS: Section 12. Power of Attorney. Or Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitatan as the Chairman or the U President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligattons. Such attorneys -in -fact, subject (a the limitations se( forth in (heir respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such U instruments shall be as binding as if signed by the President and attested to by the Secretary. Any paver or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked of any time by the Board, the Chairman, the President or by (he officer or officers granting such power or authority. ARTICLE XIII —Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman of the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations se( forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company (o make, e)(ecute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company will) the same force and effect as though trial rually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a hill, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companres this 26111 - day of.Februai y _ _ 2020 � INSN/e r�tr INy� �IJSU,p ShJ�aoPvneata4� /�PePvo^ir� o n rY`zFx m^/J / 1919 � o n.ay.� aD$ ry, �xrnaa• dD4 BY Ranee C. Llewellyn, Assistant Secretary y a F N��k'wltx `2M a K� Y Y 11051Al/31 MI I: DING WAIL Mull, Co 12119 November 2, 2020 San Marino Roof Co., Inc. Attn: Mike Sanabria 2187 N. Batavia St. Orange, CA 92865 Subject: City Yard Re -Roofing Project - C-7719-1 Dear Mr. Sanabria: 1 C) F N!vWPOR1 BL-_ACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 ( 949-644-3039 FAX newportbeichce.gov On August 25, 2020 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 28, 2020, Reference No. 2020000445072. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024237727. Enclosed is the Labor & Materials Payment Bond. Sincerely, A% lk y ANTk^,-- Leilani 1. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS > bond was issued in two (2) PREDICATED ON THE original counterparts FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024237727 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to SAN MARINO ROOF CO., INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing existing roofing systems; installing new built-up roof systems; installing curbs and roof closure at removed or abandoned penetrations; replacing vents, scuppers and skylights; and all other work as specified in the Contract Documents, for Buildings C and D at the Corporation Yard located at 592 Superior Avenue, Newport Beach, CA 92663 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, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Fifty One Thousand Dollars ($551,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as San Marino Roof Co., Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of February , 2020 . San Marino Roof Co.. Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200 Orange CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTO NE 'S OFFICE Date:----7� By: Aaron C. 9��a City Attorney Authorized gignhturefTitle Gregory A. Banks, President Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED San Marino Roof Co., Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ss. On February 27 2020 before me, Annette I. Me! is Notary Public, personally appeared Gregory A. Banks 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. ANNErrE I. ME1lA Notary Public - California s° Orange County- 3 CommiSSlon M 2311609 — _�. fir„ J• G.' f_6, `- My Comm. EaPilef Dec J, 3027 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 Orange ) ss. On February 26th 2020 before me, Adrian Benkert-Lanarell Notary Public, personally appeared Dwight Reilly 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. my hand and official seal. Adrian Benkert-Langrell ADRIAN BENKERT-LANGRELL if COMM. #2214263 m i'•-, Notary Public -California ORANGE COUNTY a My Contm. Expires Sep 15,2021 (seal) San Marino Roof Co., Inc. Page A-3 rpt This Power °, Attorney limits the acts of those named herein, and they have n., authority to bind the Company except in the manner and to the extent herein stated. Bond No. 024237727 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8202806 - 969661 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporalian duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies ), pursuant to and by authority herein set forth, does hereby name, consfilute and appoint, Arturo Ayala, Daniel Huckabay, Frank Mormer s, R. Nappi, Dwight Reilly Shauna Rozelle Ostrom Ben Song, Michael D Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Paver of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of December , 2019 (000 libert y Mutual Insurance Company esCyo• mpany The Ohio Casualty Insurance Comp a ny West American Insurance Company By: 4A2 David M. Carev. Assistant Secretary County of MONTGOMERY ss c On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes -@u) therein contained by signing on behalf of the corporations by himself as a duly authorized officer. u w IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. sP °Awr �4x p°eWp Q{ COMMONWEALTH OF PENNSYLVANIA Nolanal Seel �] eF Pmt.oryAlk UPVe, Meroiry.M.tgomery County By: MY Cammissio° expires March 28.2e21 eresa Pastella, Notary Public �qy _.,qy MBmCer. PeN6vlvaMe AsredaWn or NOlgpe This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman ar the President may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such aftorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or afiomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall he as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, (me and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand anti affixed the seals of said Companies this 26th day of February 2020 1N8U/v �SY rNspp lNsuq_ 6' 1912 c 1919 s 1991 r T a,va>, a�O N nANesaa'� ry,�Mn�a h�-0ag By Renee C. Llewellyn, Assistant Secretary «ter• LMS -12873 LMIC OCIC WAIC Mull, Co_12/19 E W No. 5133-Q STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company afNew Hampshire, organized under the laws of New Hampshire, subject to its Articles oflneorporation or otherfundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Cert ftcale, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and nor In vtolation of any, of the applicable laws and lawful requirements made under authority of the laws ofthe State ofCalifornto as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended, IN WITNESS WHEREOF, effective as of the 19rb day of March, 1013,1 have hereunto set my hand and caused my official seal to be affixed this 10 day of March, 1013, Dave Jones !.;ounce Commissioner VGA`. yr liy Valerie J. Sarfaty for Nettie Hoge Chief Dep ey NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Cade promptly after issuance of this Certificate ofAuthority. Failure to do so will be a violation oflnsw arca rode section 70l and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Batch 7344227 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Pagel of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE S R 0 0 1 1 9 7 5 5 4 8$ 2020000445072 9:34 am 08128120 7Sec2A 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 San Marino Roof Co Inc, Orange, California, as Contractor, entered into a Contract on February 25, 2020. Said Contract set forth certain improvements, as follows: City Yard Re -Roofing Project - C-7719-1 Work on said Contract was completed, and was found to be acceptable on Auatst 25.2020. by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio CasuaUv Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. M City Clerk https://gs.secure-recordiiig.com/Batch/Confirmation/7344227 08/28/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and San Marino Roof Co Inc, Orange, California, as Contractor, entered into a Contract on February 25, 2020. Said Contract set forth certain improvements, as follows: City Yard Re -Roofing Project - C-7719-1 Work on said Contract was completed, and was found to be acceptable on August 25, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. BY Public Works irecto City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �I W/1� �7� !i�(% at Newport Beach, California. 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 22nd day of January, 2020, at which time such bids shall be opened and read for CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 $570,000.00 Engineer's Estimate Approved 'James 1111. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 MANDATORY PRE-BID SITE WALK: A mandatory job walk at the Corporation Yard will be conducted for this project on Tuesday, January 7, 2020 at 10:00 a.m., located at 592 Superior Avenue, Newport Beach, CA 92663 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. "C-39" For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 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 in Sealeo Envelope) 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 PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. 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, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. 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. 7. 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 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. CSLB #: 249559 / Classification: C39 Contractor's License No. & Classification DIR #: 1000001914 / Exp. Date: 06/30/2021 DIR Registration Number & Expiration Date San Marino Roof Co., Inc. Bidder LL . Authorize Si nature/Title Gregory A. Banks, President January 6, 2020 Date Bond No. CSBA-12392 City of Newport Beach Contract No. 7719-1 N-JINP19�• 3 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% ); to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CITY YARD RE -ROOFING PROJECT, Contract No. 7719-1 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 27th San Marino Roof Co., Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200 Orange, CA 92868 Address of Surety (714) 937-1400 Telephone day of December , 2019. A tho ized Signature/Title Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) f 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 I ss. On January 9, 20 20 before me, Annette I. Mejia, Notary Public Notary Public, personally appeared Gregory A. Banks 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. ct� __j Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 12.27.2019 Bidder's Bond Type of Satisfactory Evidence: Personally Known with Paper Identification X Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO _x President / Vice -President / Secretary / Treasurer Other: Other Information: *my ANNETTE I. MEJIA Notary Public -California Orange County Commission # 2311649 Comm. Expires Dec 3, 2023 (seal) Thumbprint of Signer E] Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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 } ss. On December 27th 2019 before me, Melissa Ann Vaccaro Notary Public, personally appeared Dwight Reilly 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.MELISSA ANN VACCARO 'E COMM. #2241394 Notary Public -California X ORANGE COUNTYsMay12 LL m My Com. Expires May 12, 2022 Signature Melissa Ann Vaccaro (seal) Bond No. CSBA-12392 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Md u palm The Ohio Casualty Insurance Company Certificate No: 8200308 - 969561 SURETYWest American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Avala, Daniel Huckabay, Frank Morones, Dwight Reilly, Shaunna Rozelle Ostrom all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of January , 2019 . Liberty Mutual Insurance Company 1NSLk �tv tNSV tNsug4 The Ohio Casualty Insurance Company .y`�A�oapOH<r���t g`�P�DRpOaar�, �p �o�pOHgr '►� West American Insurance Company > o fi Q aF mco 1912 ° 19190 m g 1991° p n /6 YAd �s<cNuswc dDa� �OHnMPad rs DIA P' bD7� c David M. Carey, Assistant Secretary c of PENNSYLVANIA M > y of MONTGOMERY ss C M On this 16th day of January 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes —� therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o w a IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Eo ..,P PA ;�,, COMMONWEALTH OF PENNSYLVANIA Notarial $Z,1i OF To— Pastalia Noraty Pao is Jpper Merton Twp Montgomery County By: St^Y0 My C.ommmswn Exolms March 28.1021 io �'+. PrSp� �ti Member, FnnneyFren.a Assor-ztbr. d, Nola— This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: i ARTICLE IV - OFFICERS: Section 12. Power of Attorney. o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a President may prescribe, shall appoint such allomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such zinstruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of December , 2019 . tmsuop "SY INS& a xw uj, ,4 �JPG°NP°gdrF%C"r GlJp4°µPOpq �'9% �P a0 12 �jrCy J3 ofi Qs' on �3 o fi 912 a 1919 �w Q1991 By. 4CNU9 -0a OHApP5N a3 Y �N°JANP a Renee C. Llewellyn, Assistant Secretary SMF -12873 LMIC OCIC WAIC Multi Co 062018 C: at m 0 v N N M W City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 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. Bidders must also include DIR registration numbers for each subcontractor. San Marino Roof Co., Inc. Bidder 9 Authorized Signature/Title Gregory A. Banks, President City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name San Marino Roof Co., Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all roofing construction projects you have worked on (or are currently working on) in the past 5 years in excess of $300,000, provide the following information: No. 1 Project Name/Number Mountain View HS C & E Project Description Single ply reroof- Sika Sarnafil specification Approximate Construction Dates: From 07/19/2018 Agency Name EI Monte Union High School District To: 12/28/2018 Contact Person Sandy Navarro, Purchasing Telephone (626/ 444-9005 ext. 9844 Original Contract Amount $397,788.Ugnal Contract Amount $ 397,788.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 10 No. 2 Project Name/Number Bid 219-05 Roofing @ Various Schools Project Description Garland System; coating and single -ply roof replacements Approximate Construction Dates: From 06/25/2018 To: 12/28/2018 Agency Name Placentia-Yorba Linda Unified School District Contact Person Don Rosales, Purchasi Telephone (714) 985-8474 Original Contract Amount $ 613,OOO-Nnal Contract Amount $ 613,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. None. No. 3 Project Name/Number Rea Elem School and Ed Center Project Description Roof Repair/ 4 Ply Built Up System Approximate Construction Dates: From 07/01/2016 Agency Name Newport Mesa Unified School District Contact Person Norm Chapman, Facilities To: 08/19/2016 Telephone (711424-7539 Original Contract Amount $261,909-CAnal Contract Amount $ 261,909.00 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 against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 11 No. 4 Project Name/Number Los Angeles Harbor College Classroom Buildings Project Description Sarnafil Single Ply Reroof Approximate Construction Dates: From 09/15/2016 Agency Name Los Angeles Community College District Contact Person John Oda, Contracts To: 10/16/2017 Telephone (211891-2000 Original Contract Amount $108,562.00inal Contract Amount $ 108,562.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 5 Project Name/Number San Marcos Middle School Re -Roofing at Buildings C-1 C-2 and C-3 Project Description Built Up Roof Coating Approximate Construction Dates: From 03/21/2018 Agency Name San Marcos Unified School District To: 07/30/2018 Contact Person Jim Poltl, Purchasing Telephone Q60) 752-1218 Original Contract Amount $126,885.00inal Contract Amount $ 126,885.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 12 No. 6 Project Name/Number Santa Ana Unified School District Office Roof Replacement Project Description Garland Roof Replacement Approximate Construction Dates: From 03/20/2019 Agency Name Santa Ana Unified School District To: 10/25/2019 Contact Person Brian Allen, Purchasing Telephone (711480-5355 Original Contract Amount $ 579,000.Mnal Contract Amount $ 579,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 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. San Marino Roof Co., Inc. IC Authorized Signature/Title Gregory A. Banks, President AEM SAN MARINO ROOF CO. INC. RESUME Leopoldo Horta Reyes — Superintendent United Union of Roofers Water proofers Joint Apprenticeship Program Certified Journey man Instructor JATC Certifications CPR/First Aid Aerial Device Operator Osha 10 Osha 30 Osha 510 Below grade Electrical Rigging Scaffold Fall Protection San Marino Roof Co., Inc. —Journeyman, Foreman, Superintendent — June 2011 — Present Journeyman: roofer, single ply, maintenance. Foreman: organization and run crew / quality control Superintendent: organize crews, coordinate jobs with project managers and vendors 2187 N. BATAVIA ST. • ORANGE CA 92865 . 714-974-3070 • FAX 714 282-1137 • sanmarinoroof.com City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 NON -COLLUSION AFFIDAVIT State of California ) Orange ) ss. County of g ) Gregory A. Banks being first duly sworn, deposes and says that he or she is President of San Marino Roof Co., Inc. "the parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. San Marino Roof Co., Inc.//Gregory A. Banks, G--�` .� �' President Bidder AuthorizedSignature/Title Subscribed and sworn to (or affirmed) before me on this -qday of 2019 by ,-- 'Proved to me on the basis of satisfactory evidence to be the person(s) who pp6a-red before me. I certify under PENALTY OF PERJURY der the laws of the State of California that the foregoing paragraph is true and correct. - 1 . Notary Public [SEAL] My Commission Expires: us 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 January 9, 2020 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks 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. *my ANNETTE I. MEDIA Notary Public • California Orange County R"`"'lf'Commission k 2311649GSeal Comm.Expires� '20 j Signature ✓�� (Seal) City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 DESIGNATION OF SURETIES Bidder's name San Marino Roof Co., Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): CSBA - COMMERCIAL SURETY BOND AGENCY / (714) 516-1232 1411 N. Batavia Street, Suite 201, Orange, CA 92867 Insurance: ORION Risk Management / (909) 333-0274 1800 Quail Street, Suite 110, Newport Beach, CA 92660 15 City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name San Marino Roof Co., Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 208 218 315 290 274 157 1,462 Total dollar Amount of $10,647,625 $8,948,579 $9,358,932 $7,278,268 $5,965,963 $5,202,185 $47,401,182 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No, of lost workday cases involving permanent 0 0 0 0 0 0 0 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 San Marino Roof Co., Inc. Business Address: 2187 N. Batavia Street, Orange, CA 92865 Business Tel. No.: 714-974-3070 State Contractor's License No. and Classification: CSLB #: 249559 / Classification: C39 Title Gregory A. Banks, RMO 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 January 6, 2020 Title Greg Sint f C A. Banks, Pres P g a u re o bidder Date Janua 2020 r . � Title Ernest L. Banks, Vice President 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 January 9, 2020 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Ernest L. Banks 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.*my ANNETTE I. MEJIA Notary Public - California Orange County Commission � 2311649 Comm. Expires Dec 3, 2023 Signature d4�0 - (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 January 9, 2020 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks 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. *my ANNETTE I. MEJIA Notary Public - C3!ifornia orange County Commission 2 2311649 Comm. Expires Dec 3, 2023 Signature (Seal) City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name San Marino Roof Co., Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received j nature 1 01/15/2020 W-0 Ernest L. Banks, Vice President City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 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: San Marino Roof Co., Inc. Business Address: 2187 N. Batavia Street, Orange, CA 92865 Telephone and Fax Number: T: 714-974-3070 / F: 714-282-1137 California State Contractor's License No. and Class: CSLB #: 249559 / Class: C39 (REQUIRED AT TIME OF AWARD) Original Date Issued: 08/25/1967 Expiration Date: 07/31/2020 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: Mike Sanabria, Project Manager 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 Gregory A. Banks, President 2187 N. Batavia Street, Orange, CA 92865 714-974-3070 Ernest L. Banks, Vice President 2187 N. Batavia Street, Orange, CA 92865 714-974-3070 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None. All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: San Marino Roof Co., Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; None. Briefly summarize the parties' claims and defenses; None. Have you ever had a contract terminated by the owner/agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. No. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes KD IIfj� es 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. San Marino Roof Co., Inc. Bidder W, before me, satisfactory evidence to be th acknowledged to me that h /9 by his/her/their signaturWon acted, executed the ja!'trurryerl I certify under,/PENF paragraph is true and WITNESS my hand'and official seal. Notary Public in and for said State My Commission Expires: Gregory A. Banks (Print name of Owner or President of Corporation/Company) Autho�rize Signature/Title President Title January 6, 2020 Date Notary Public, personally appeared i who proved to me on the basis of � name(s) is/are subscribed to the within instrument and the same in his/her/their authorized capacity(ies), and that e person(s), or the entity upon behalf of which the person(s) Y under the laws of the State of California that the foregoing 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 January 9, 2020 before me, Annette I. Mejia, Notary Public (insert name and title of the officer) personally appeared Gregory A. Banks 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., F AN— TE —I. MEDIA _: = Notary Public - California -•% = Orange County ' Commission 9 2311649 ' u o•-'' My Comm. Expires Dec 3, 2023 Signature (Seal) CITY YARD RE -ROOFING PROJECT CONTRACT NO. 7719-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day of February, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SAN MARINO ROOF CO., INC., a California corporation ("Contractor"), whose address is 2187 N. Batavia St. Orange, CA 92865, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing existing, roofing systems; installing new built-up roof systems; installing curbs and roof closure at, removed or abandoned penetrations; replacing vents, scuppers and skylights; and all other work as specified in the Contract Documents, for Buildings C and D at the Corporation Yard located at 592 Superior Avenue, Newport Beach, CA 92663 (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7719-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Fifty One Thousand Dollars ($551,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Mike Sanabria to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. San Marino Roof Co., Inc. Page 2 Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works 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: Mike Sanabria San Marino Roof Co., Inc. 2187 N. Batavia St. Orange, CA 92865 San Marino Roof Co., Inc. Page 3 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. 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. San Marino Roof Co., Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City San Marino Roof Co., Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be San Marino Roof Co., Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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. San Marino Roof Co., Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. San Marino Roof Co., Inc. Page 8 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. 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] San Marino Roof Co., Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: Z Zo Z>a CITY OF NEWPORT BEACH, a California municipal corporation Date: Z -/-z 6/zc zo By: (�^�-- By: FQ,.;Aaron C. Harp 140 Will O'Neill City Attorney o�-�� s� Mayor ATTEST: �� �� Date: y (' r By. Leilani I. Brown City Clerk CONTRACTOR: SAN MARINO ROOF CO., INC., a California corporation Date: Signed in Counterpart M Gregory A. Banks Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements San Marino Roof Co., Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNY'S OFFICE Date: Z Zo By- For:Aaron C. Harp ao City Attorney C� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: SAN MARINO ROOF CO., INC., a California corporation Date: 02/27/2020 By: •�� Gregory A. Banks President Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements San Marino Roof Co., Inc. Page 10 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE original counterparts FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024237727 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to SAN MARINO ROOF CO., INC. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing existing roofing systems; installing new built-up roof systems; installing curbs and roof closure at removed or abandoned penetrations; replacing vents, scuppers and skylights; and all other work as specified in the Contract Documents, for Buildings C and D at the Corporation Yard located at 592 Superior Avenue, Newport Beach, CA 92663 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, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Fifty One Thousand Dollars ($551,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as San Marino Roof Co., Inc. Page A-1 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 26th day of February 12020 . _San Marino Roof Co., Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTO NE ('S OFFICE Date,.2 ZLZ By. Aaron C. Harp City Attorney` Authorized 8ignhturei7itle Gregory A. Banks, President 4 Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED San Marino Roof Co., Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange I ss. On February 27 2020 before me, Annette I. Mei is Notary Public, personally appeared Gregory A. Banks 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. ANNETTE I. ME.1IA _*Vmy Notary Public - California Orange County / . Commission 9 2111649 — Comm. Expires Dec 3, 2023 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 Orange }ss. On February 26th 2020 before me, Adrian Benkert-Langrell Notary Public, personally appeared Dwight Reilly 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. WITNE§S my hand and official seal. Adrian Benkert-Langrell ADRIAN BEN KERT-LANGRELL COMM. #2214263 M E , Notary Public -California ORANGE COUNTY LL. My Comm. Expires Sep 15,2021 (seal) San Marino Roof Co., Inc. Page A-3 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Bond No.024237727 Certificate No: 8202806 - 969561 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala, Daniel Huckabay, Frank Morones, R. Nappi, Dwight Reilly, Shaunna Rozelle Ostrom, Ben Stong, Michael D. Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31 st day of December , 2019 . vi m c m m State of PENNSYLVANIA at County of MONTGOMERY ico i> icu _-0 I N a) (B Liberty Mutual Insurance Company P4 INSL,4q �y-jY INS&tNstlRq The Ohio Casualty Insurance Company �� 4bpPORgr ti0 yJ ooR�bR^r�9Z `VP (Coll 2r, West American Insurance Company Fo UQ _T 'I,3 Fo ca 1992 - p 1919 1999 r y q C! -A w ����SaACi1u9 da yMA MBB�`� a� Y �Nb1ANP .fi , .sfiuP By: David M. Carey, Assistant Secretary R rn U) aD c On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance_ I ­__Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes Fu W therein contained by signing on behalf of the corporations by himself as a duly authorized officer. , _ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. v 4,.; �, eresa Pastella, Notary Public l to Member, Pennsylvania Association of Notanes d) I "t £ ' L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual •S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of February , 2020 y tNsuR Jp 4oevoxyroy�fi F 1992 n (Ir • A1CNUS a LMS -12873 LMIC OCIC WAIC Multi Co 12/19 Pt11 INS,. .ta 1Ntiu'v. 5J 4ppPOR,q� VY 0% OR,�f, �' UQ' �. Pd Sf X11 4 a4 FO rth o 1991 0 �SO -NA MYsY� Nall, I- dile `�` 1 * i•� X11 * t`a �7_ By: ij Renee C. Llewellyn, Assistant Secretary 0 M d' a (O 1 Q N � L � c o� a_o >o a) v .�� CV 00 EN i M C00 00 0— a 19 — o19 COMMONWEALTH of PENNSYLVANIA °-'- Notanal Seat Teresa Pastella, Notary Public Upper MenonTwp.,MontgamoryCounty By: _.� My Commission Expires March 28.2021 v 4,.; �, eresa Pastella, Notary Public l to Member, Pennsylvania Association of Notanes d) I "t £ ' L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual •S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of February , 2020 y tNsuR Jp 4oevoxyroy�fi F 1992 n (Ir • A1CNUS a LMS -12873 LMIC OCIC WAIC Multi Co 12/19 Pt11 INS,. .ta 1Ntiu'v. 5J 4ppPOR,q� VY 0% OR,�f, �' UQ' �. Pd Sf X11 4 a4 FO rth o 1991 0 �SO -NA MYsY� Nall, I- dile `�` 1 * i•� X11 * t`a �7_ By: ij Renee C. Llewellyn, Assistant Secretary 0 M d' a (O 1 Q N � L � c o� a_o >o a) v .�� CV 00 EN i M C00 00 0— a 19 — o19 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this .State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the taws of the State of California as long as such laws or requirements are in effect and applicable, and as such taws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19'h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 19'h day of March, 2013. Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so evill be a violation ofInsm ance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024237727 FAITHFUL PERFORMANCE BOND This bond was issued in two (2) original counterparts The premium charges on this Bond is $5,557.00 , being at the rate of $8.40 / $5.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to SAN MARINO ROOF CO., Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing existing roofing systems; installing new built-up roof systems; installing curbs and roof closure at removed or abandoned penetrations; replacing vents, scuppers and skylights; and all other work as specified in the Contract Documents, for Buildings C and D at the Corporation Yard located at 592 Superior Avenue, Newport Beach, CA 92663 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 The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Fifty One Thousand Dollars ($551,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. San Marino Roof Co., Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of February 2020 San Marino Roof Co., Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone Authorized ignature/Title Gregory A. Banks, President Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 I2 G By: Aaron C. Harp City Attorney �3� NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED San Marino Roof Co., Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange }ss. On C2/27/2020 20 before me, Annette I. Me_jia Notary Public, personally appeared Gregory A. Banks 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. AA -ME I. MEJIA WITNESS my hand and official seal. _ Notary Public - C.fornia Orange county — Commission M 2311649 MY Comm. Expires Dec 1, 2023 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 Orange } ss. On February 26th , 2020 before me, Adrian Benkert-Langrell Notary Public, personally appeared Dwight Reilly 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. .. ADRIAN BENKERT•LANGRELL WITNES m hand and official seal. COMM. a2zia2sa N w� y Notary Public -California ORANGE COUNTY LL My Comm. Expires Sep 15,2021 Sig ture Adrian Benkert-Langrell (seal) San Marino Roof Co., Inc. Page B-3 -, Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Bond No. 024237727 Certificate No: 8202806 - 969561 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala, Daniel I Iuckabay, Frank Morones, R. Nappi, Dwight Reilly, Shaunna Rozelle Ostrom, Ben Stong, Michael D. Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31 st day of December , 2019 . State of PENNSYLVANIA County of MONTGOMERY Liberty Mutual Insurance Company PX1 INSUi P-tY 1NgV tNSUp The Ohio Casualty Insurance Company �� 40RP°R9f %� ya 11oRP0Ra1y c,� GoR°° arq�p West American Insurance Company uQ 1912 0 p 1919 „ 1991 �d'y13aACNUSkfi,�a �� gKAMVb��`Q• � ^! �MOIANP' Baa S3M * > �� By: David M. Carey, Assistant Secretary On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual I Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. r�ra 6!v F< COMMONWEALTH OF PENNSYLVANIA meq, v Notarial Seal Teresa Pastalla, Notary Public Upper Marion hvp., Montgomery County By My Commission Expires March 28, 2021 t µvt.._. eresa Pastella, Notary Z5 4p4 t' Member, Pennsylvania A".Catiei Net n na_ries 4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of February 2020 4 INSUR '5ti" INSU 10SU,� PPtll•t•�i'� �JPOORr'OR' %4 PO s1912y 0 191�119 0 2 1991 n Ydds"�"°m� dD y0 y� $7 * ya oBy 4MPd_Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 12/19 N C N H w 00 o : CUE O M 1 p rn O L O) c O N ao m� >o d a)00 E cV *— M CC9 00 0— o'9 *:/:11=3i1fe7 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 San Marino Roof Co., Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 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 San Marino Roof Co., Inc. Page C-2 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 (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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. San Marino Roof Co., Inc. Page C-3 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 review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have San Marino Roof Co., Inc. Page C-4 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. San Marino Roof Co., Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/7/2020 Dept./Contact Received From: Shelby Morgan Department: Public Works Sent to: Marissa By. Shelby Company/Person required to have certificate: San Marino Roof Co. Type of contract: Public Works Contract 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020 EFFECTIVE/EXPIRATION DATE. 7/1/2019-7/1/2020 A. INSURANCE COMPANY: Liberty Surplus Insurance Corporation NAIC#10725 B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): AM BEST RATING (A-: VII or greater) A:X Is Company admitted in California? ❑ Yes ❑✓ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M per occur / $2M agg E. ADDITIONAL INSURED ENDORSEMENT — please attach✓❑ Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 its officers, officials, employees and volunteers): Is it UM, $21M min for Waste Haulers): What is limits provided? $1 M included? ❑✓ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ❑✓ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must F. HIRED AND NON -OWNED AUTO ONLY: 0 N/A include): Is it included? (completed Operations status does ❑ No G. not apply to Waste Haulers or Recreation) ❑ N/A Q Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE. 7/1/2019-7/1/2020 A. INSURANCE COMPANY: Financial Pacific Insurance Company NAIC#31453 B. AM BEST RATING (A-: VII or greater) A:X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 0 Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $21M min for Waste Haulers): What is limits provided? $1 M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach 0 Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY: 0 N/A ❑Yes ❑ No G. ADDITIONAL INSURED ENDORSEMENT — please attach 0 Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? DYes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: QN/A F] Yes ❑ No III WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020 A. INSURANCE COMPANY: Redwood Fire and Casualty Insurance Company NAIC#11673 B. AM BEST RATING (A--. VII or greater): A++:XV 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 ADDITIONAL COVERAGES THAT MAYBE REQUIRED Z Yes ❑ No ❑✓ Yes ❑ No $1M Z Yes ❑ No ❑✓ N/A ❑ Yes ❑ No ❑ PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑✓ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: 2/26/2020-2/26/2021 A. INSURANCE COMPANY: Westchester Surplus Lines Insurance Company NAIC#10172, $2M/$4M 0 BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: 4/13/2020-6/20/2020 A. INSURANCE COMPANY: The Hartford Insurance Company EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: (General Liability - Non -admitted carrier approved as surplus lines carrier Pollution Liability - Non -admitted carrier approved as surplus lines carrier Approved: Risk Management 4/14/2020 Date City of Newport Beach CITY YARD RE -ROOFING PROJECT Contract No. 7719-1 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. 7719-1 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: January 6, 2020 Date T: 714-974-3070 / F: 714-282-1137 Bidder's Telephone and Fax Numbers CSLB #: 249559 / Classification: C39 Bidder's License No(s). and Classification(s) 1000001914 DIR Registration Number San Marino Roof Co., Inc. Bidder Gregory A. Banks, President Bidder's Authorized Signature and Title 2187 N. Batavia Street, Orange. CA 92865 Bidder's Address Bidder's email address: mike@sanmarinoroof.com is City of Newport Beach Page 1 City Yard Re -Roofing Project (7719-1), bidding on January 22, 2020 10:00 AM (Pacific) Printed 01/22/2020 Bid Results Bidder Details Vendor Name San Marino Roof Co.. Inc. Address 2187 N. Batavia Street Orange, CA 92865 United States Respondee Gregory A. Banks Respondee Title President Phone 714-974-3070 Ext. Email mandy@sanmarinoroof.com Vendor Type CADIR License # 249559 CADIR 1000001914 Bid Detail Bid Format Electronic Submitted January 22, 2020 9:17:15 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 200486 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type SMR General Attachments SMR Bid Forms.pdf General Attachment SMR Bid Bond Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $1,000.00 $1:000.00 2 Remove and Dispose of Asbestos Material LS 1 $18,000.00 $18,000.00 3 Remove Existing Roof System and Install New Built -Up Roof System (Building C) LS 1 $132,000.00 $132,000.00 4 Remove Existing Roof System and Install New Built -Up Roof System (Building D) LS 1 $383;000.00 $383,000.00 5 Provide As -Built Drawings (Fixed) LS 1 $1,000.00 $1,000.00 City of Newport Beach City Yard Re-Roofing Project (7719-1), bidding on January 22, 2020 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty 6 Lightweight Concrete Repair (Allowance) LS 1 Subcontractors Name & Address Klondike Construction Service Inc. 592 E. State Street Ontario, CA 91761 United States PGC Construction Inc 27475 Ynez Rd #111 Temecula, CA 92591 United States Description License Num Roof Removal and Asbestos 990645 Removal Sheet Metal 829086 Page 2 Printed 01/22/2020 Unit Price Line Total Comment $16,000.00 $16,000.00 Subtotal $551,000.00 Total $551,000.00 CADIR Amount Type 1000008336 $69,820.00 1000036314 $25,000.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CITY YARD RE -ROOFING PROJECT CONrwcriva 7719-f DATE: 15 J90,2W BY: V �i /1911 TO: ALL PLANHOLDERS The following changes, additions, dele ons, or clarifications shall be made to the contract documents — all other conditions shall remain the same. PRE-BID QUESTIONS: Q1: The core sample from mandatory pre-bid job walk showed 3 '/2 inches of polyisocyanurate insulation at Building D. The specifications call out 2 inches. What should be installed? Al: Replace Section 07 55 00, 1.2, A, 11 with the following: "Building D to have new HPR Glasbase base sheet mechanically fastened with 'CR Base Sheet Fastener' fasteners in the following pattern: 7" O.C. through 4" lap, two equally spaced rows of 7" O.C. staggered in center of sheet. Then fully adhere 3.5" polyisocyanurate insulation to match existing thickness of insulation in hot asphalt over the base sheet. Then install 1/2 -inch StructoDek High Density fiberboard to be fully adhered in hot asphalt directly to the polyisocyanurate." Q2: What should be done with the existing one-way vents on Building D? Will project need new ones to be installed? i:\users\pbw\shared\contracts\fy19-20 current\100 - facilities\fmmp\city yard re -roofing c-7719_20fMbidding docs\c- 7719-1 addendum no. 1.docx A2: Contractor shall remove all one-way vents on Building D. No new one-way vents are to be reinstalled. Replace Payment Item No. 4 with the following: Item No. 4 Remove Existing Roof System and Install New Built -Up Roof System (Building D): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing roof system (including skylights), removing existing non -operational HVAC system and appurtenances, removing all existing one-way vents, protecting all other existing roof penetrations, installing a new roof system with new double dome skylights (with opaque outer lens), filling in openings resulting from HVAC system and one-way vent removals, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner entitled to standard warranty coverage shall be provided under this payment item. Q3: Who will decommission the large heater unit on Building D? A3: City of Newport Beach will unhook gas and electrical lines on the existing large heater unit that is located on Buildling D. Contractor shall demo, remove and dispose of said unit. Q4: The existing drain lines that are to be removed at Building C are connected to the existing downspouts. Please clarify the scope. A4: Contractor shall remove and replace existing leaderheads and downspouts with new to match existing size, shape, and gauge on Building C. Contractor to prime and paint new leaderheads and downspouts to match. Contractor to fill hole in CMU wall with concrete behind existing downspouts from existing drain pipes that are to be removed per 07 55 00, 1.2, A, 18. Replace Payment Item No. 3 with the following: Item No. 3 Remove Existing Roof System and Install New Buillt-Up Roof System (Building C): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing roof system, removing and replacing existing leaderheads and downspouts to match existing size, shape and gauge, protecting all other existing roof penetrations, installing new roof system with enlarge crickets, patching CMU wall with concrete patch to match existing, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner entitled to standard warranty coverage shall be provided under this payment item. is\users\pbw\shared\contracts\fy19-20 current\100 - facilities\fmmp\city yard re -roofing c-7719_20f02\bidding docs\addendum 1\c-7719-1 addendum no. 1.docx Q5: How do we install on the walls at Building C? A5: Building C vertical walls: Prime concrete walls with one (1) gallon per square of Garla Prime primer. Adhere one ply of HPR Glasfelt directly to the concrete wall in hot asphalt. Install Stressply EUV smooth in hot asphalt in base flashing angle. Then, torch apply one layer of Stressply IV Plus UV Mineral on entire vertical wall and secure the top with a termination bar fastened every 8 inches on center. Q6: Can we submit hard copy bids? AS: All bids must be submitted electronically via PlanetBids: https://www.r)lanetbids.com/portal/i)ortal.cfm?Comr)anylD=22078. Contractor will need to register and create a profile if they do not already have one. Q7: How and where should bid bonds be submitted? A7: Bid bonds (hard copy) shall be submitted to the City Clerk's office before the project bid opening. City Clerk's office is located at: 100 Civic Center Drive, Newport Beach, CA 92660 (Bay E, 2nd Floor) Q8: Please clarify application rate noted in 07 55 00, 1.2, A, 25. Q8: Replace Section 07 55 00, 1.2, A, 25 with the following: "Install White Star at 2 gallons per square feet in a 2 -foot wide strip at all valley lines and in all drain areas. Embed 30lbs of T24 minerals into White Star while coating is still wet. Broom up and dispose of any loose minerals once coating has dried." Bidders must sign this Addendum No. 1 and attach It to the bld proposal. A bid may be deemed unresponsive unless this signed Addendum No.1 Is attached. I have carefully examined this Addendum and have Included full payment In my Proposal. San Marino Roof Co., Inc. Bidder's Name (Please Print) January 15, 2020 Date Gregory A. Banks, --.��—" President Authorized Signature & Title Attachments: None is\users\pbw\shared\contracts\fy19-20 current\100 - facilities\fmmp\city yard re -roofing c-7719_2=2\bidding docs\addendum 1\c-7719-1 addendum no. 1.docx CITY OF NEWPORT BEACH QRoF SIO ON PUBLIC WORKS DEPARTMENT ������`� cEeq��os�c INDEX Y C 810 4 o A FOR SPECIAL PROVISIONS s qTF CIVIL Fo� CITY YARD RE -ROOFING PROJECT OF PROJECT NO. 20F02 CONTRACT NO. 7719-1 PART 1- GENERAL PROVISIONS 1 SECTION 00 - PRE-BID MEETING 1 00-1 JOBWALK 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2 1-2 TERMS AND DEFINITIONS 2 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2 2-1 AWARD AND EXECUTION OF THE CONTRACT 2 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 SECTION 3 - CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.2 Basis for Establishing Cost 3 3-3.2.3 Markup 3 SECTION 4 - CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.1 General 3 SECTION 5 — UTILITIES 4 5-1 LOCATION 4 5-1.1 General 4 5-2 PROTECTION 4 5-4 RELOCATION 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7 7-1.2 Temporary Utility Services 7 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.3 Storage at City Facility 7 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 8 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 10 PART 2 — CONSTRUCTION MATERIALS 10 PART 3 — CONSTRUCTION METHODS 10 SECTION 300 — EARTHWORK 10 300-1 CLEARING AND GRUBBING 10 300-1.3 Removal and Disposal of Materials 10 PART 6 — TEMPORARY TRAFFIC CONTROL 11 SECTION 600 —ACCESS 11 600-1 GENERAL 11 600-3 PEDESTRIAN ACCESS 11 SECTION 601— WORK AREA TRAFFIC CONTROL 11 601-1 GENERAL 11 601-2 TRAFFIC CONTROL PLAN (TCP) 11 PART 7 — TECHNICAL SPECIFICATIONS 12 APPENDIX A — PHOTO REPORT 13 APPENDIX B — ASBESTOS SURVEY 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CITY YARD RE -ROOFING PROJECT PROJECT NO. 20F02 CONTRACT NO. 7719-1 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 -5278-S); (3) the City's Desiqn Criteria, Standard Special Provisions and Standard Drawings 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: hftp://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 current condition and existing penetrations at the Buildings C and D roofs located at the Corporation Yard in order 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 "C-39" Roofing 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. To be qualified to bid on and construct this project, the Contractor shall have successfully constructed or installed roofing systems and using materials, as specified in the Contract Documents or Engineer approved equal, within the last five (5) years. This prior experience shall be listed within the TECHNICAL ABILITY AND EXPERIENCE REFERENCES section of the Contract Documents and submitted with the bid proposal. 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 removing existing roofing systems; installing new built-up roof systems; installing curbs and roof closure at removed or abandoned penetrations; replacing vents, scuppers and skylights; and all other work as specified in the Contract Documents, for Buildings C and D at the Corporation Yard located at 592 Superior Avenue, Newport Beach, CA 92663. 3-3 EXTRA WORK 3-3.2 Payment SECTION 3 - CHANGES IN WORK Page 2 of 14 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 3-3.2.3.1 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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 in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid 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 Page 3 of 14 minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 — UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, account for all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing drain, HVAC component or other equipment is damaged by the Work and is not re -useable, the Contractor shall provide and install new replacement equipment or parts of identical type and size at no additional cost to the City. 5-4 RELOCATION All City equipment, HVAC components or other equipment which are affected by the Work shall be replaced in kind or rerouted so as to restore system functionality. The Contractor will be required to inspect and inventory all existing roof penetrations and equipment prior to start of work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Page 4 of 14 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 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. Demolition may be performed on Saturday during the hours of 7:00 a.m. to 4:00 p.m. Specific dates must be submitted to the Engineer for prior approval. Project will not begin prior to March of 2020. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 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. Page 5 of 14 The following days are designated City holidays and are non -working days: 1. January 1St (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. 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 $500.00. 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. Page 6 of 14 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, City staff, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 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. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.3 Storage at City Facility It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Contractor may coordinate with the City's Maintenance Group — Rick Scott (949-279-9177) to obtain a laydown area within the project site. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. Page 7of14 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 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 Page 8 of 14 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 unit and 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: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, obtaining no -fee City building permits, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removing of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Remove and Dispose of Asbestos Material: Work under this item shall include removing and disposing roof mastic by a State Certified Asbestos Abatement Contractor following SCAQMD Asbestos Removal Procedures. Contractor shall submit preferred procedure for Engineer's approval prior to start of work. All SCAQMD manifests documenting removal shall be provided to the City under this payment item. Item No. 3 Remove Existing Roof System and Install New Built -Up Roof System (Building C): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing roof system, protecting all existing roof penetrations, installing new roof system with enlarge crickets, patching CMU wall with concrete patch to match existing, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner entitled to standard warranty coverage shall be provided under this payment item. Item No. 4 Remove Existing Roof System and Install New Built -Up Roof System (Building D): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing roof system (including skylights), removing existing non -operational HVAC system and appurtenances, Page 9 of 14 protecting all other existing roof penetrations, installing a new roof system with new double dome skylights (with opaque outer lens), filling in openings resulting from HVAC system removal, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner entitled to standard warranty coverage shall be provided under this payment item. Item No. 5 Provide As -Built Drawings: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Item No. 6 Lightweight Concrete Repair (Allowance): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to repair and prepare the existing lightweight concrete layer for installation of a new roof system. An amount of $16,000.00 is determined for this bid item. 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 See Part 7 Technical Specifications. PART 3 - CONSTRUCTION METHODS SECTION 300 — EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. See Part 7 Technical Specifications for additional Construction Methods. Page 10 of 14 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 — ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-3 PEDESTRIAN ACCESS Pedestrian access to all offices, garages, storage areas etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all employees whose access will be impacted by construction operations. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, and any other measures deemed necessary by the Engineer to safely direct the public and employees around areas of construction, and into and out of the affected buildings. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Page 11 of 14 PART 7 - TECHNICAL SPECIFICATIONS Page 12 of 14 SECTION 07 55 00 MODIFIED BITUMINOUS MEMBRANE ROOFING PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including the Conditions of the Contract and Division 01 Specification Sections apply to this Section. 1.2 SUMMARY A. Provide all labor and materials to remove and replace the existing roofing system with a new built-up roofing on all sections of Building `C' and Building `D' within City of Newport Beach's Corporation Yard located at 592 Superior Avenue, Newport Beach, CA. 92663. 1. All drains and overflows must be water tested by roofing contractor before reroofing begins. If any drains are clogged, please notify the owner immediately. Do not proceed until the drains are in working order. Roofing contractor will be responsible for all drains to be in working condition once roof is complete. 2. Contractor responsible to turn over all sites where work is to take place in the same condition as they were before the contractor started. All grounds adjacent to where work was done must be swept and all areas run over with a magnet to ensure that there are zero nails or sharp objects left on the grounds/grass. Grounds must also be walked thoroughly for visual inspection and any objects, debris, or trash must be removed. 3. Remove existing roof system and insulation down to the wood deck and/or lightweight concrete deck. 4. Replace any rotted or damaged wood. All replaced wood must be verified in person by the City or City representative. Lack of proof lies on the responsibility of the contractor. Without prior approval, change orders will not be paid. Any damaged plywood must be replaced with full 4 -foot by 8 -foot sheets of plywood. 5. All curbs over two (2) feet wide to have crickets installed on the upslope side and need to be properly sized to prevent ponding water behind the curbs. Enlarge existing as required, and install new where missing. 6. Raise all vent curbs, duct curbs, pipe penetrations, and flashings as needed to reach a minimum height of eight (8) inches above finished roof surface. 7. Flash around penetrations using 4 -lb lead flashings. Install clamps to seal top. Top '/4 -inch of lead jacks will be farrowed out and filled with moisture cure polyurethane sealant (e.g. Tuff Stuff). SECTION 07 55 00 MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 8. Furnish and install all new redwood pipe/conduit supports set on '/z -inch walkpads at a minimum 8 -feet on center. Install new clamps. Wood to be adhered to walkpad with mastic. Walkpad to float freely on roof. Walkpads to be approximately two (2) inches wider than blocking on each side. 9. Replace all skylights with new double dome curb mounted units. Outer lenses to be opaque. Existing curbs are metal C channels. Raise curb height to eight inches (8") above finished roof height with wood that matches width of existing C Channel. Install plywood on outer edge of C Channel to allow a proper roofing surface to attach to. 10. Large heater unit on Bldg D is to be demo'ed and removed. Remove all ductwork above the roof level and remove the curb. Contractor to dispose of all material. Contractor to fill-in openings resulting from unit removal, per Contract Documents. 11. Building D to have new HPR Glasbase base sheet mechanically fastened with `CR Base Sheet Fastener' fasteners in the following pattern: 7" O.C. through 4" lap, two equally spaced rows of 7" O.C. staggered in center of sheet. Then fully adhere 2" polyisocyanurate insulation to match existing thickness of insulation in hot asphalt over the base sheet. Then install 1/2 -inch StructoDek High Density fiberboard to be fully adhered in hot asphalt directly to the polyisocyanurate. 12. Building C to receive a loose laid red rosin paper and then nail a layer of HPR Glasbase Type II base sheet over the entire deck according to ASCE 7-10 wind uplift requirements. 13. Install two plies of Type IV HPR Glasfelts and Stressply Plus FR Mineral membrane in hot asphalt over entire roof surface. 14. An extra layer of Stressply EUV smooth will also be used in all flashing, base plies, edge metal reinforcement, pipe penetration reinforcement, and penetration plies. 15. All vertical surfaces to have one layer of HPR Glasfelt installed directly to the surface in hot asphalt. Install Stressply EUV smooth in hot asphalt in base flashing angle. Then, torch apply one (1) layer of Stressply IV Plus UV Mineral on entire vertical surface extending nine (9) inches onto the field of the roof. 16. Replace all scuppers with new fully welded galvanized scuppers. Outside edge of scupper to be sealed to wall per SMACNA and NRCA 17. On Building D, contractor to core new overflow scuppers through the wall and install new fully welded galvanized overflow scuppers at each drain location. Outside edge of scupper to be sealed to the wall per SMACNA and NRCA 18. Building C to receive new enlarged crickets that extend 14 feet from parapet wall and are double the slope of the deck. Non industry standard deck drains in field of roof are to be deleted and covered. Contractor to remove plumbing from underside of deck and dispose of. Contractor to patch CMU wall with concrete patch to match existing as much as possible. 19. Contractor responsible for raising any pipes that need to be raised to achieve an fl- inch rise from finished roof height including but limited to electrical, conduits, gas, etc. City will turn off any gas when asked by contractor SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 20. All broken and disconnected conduits must be reattached and repaired within 48 hours of capsheet being installed. Contractor responsible to document any broken conduits before project starts. 21. Replace low passive vents with new 22 gaT-Top fully soldered units that allow for 8 -inch height before water can enter. Sides must come down so blowing rain does not enter easily. 22. Replace all vent caps with new to match existing. 23. Replace all pelican hoods and heat vents with new. 24. Replace all coping with new factory painted Kynar .040 aluminum metal. Outside face to be attached with a continuous cleat made from alum or stainless steel. Inside edge to be fastened every 18 -inches on center with a #14 fastener with rubber grommet. Caulk all coping joints with a 2 -inch wide strip of caulk using color matched caulking that is neatly applied, taped off on the edges, and troweled into place in a smooth manner. Color to be selected by Engineer. 25. Install White Star at 2 gallons per square foot in a 2 -foot wide strip at all valley lines and in all drain areas. Embed 301bs of T24 minerals into White Star while coating is still wet. Broom up and dispose of any loose minerals once coating has dried. 26. Contractor to coat all roofs with Pyramic Title 24 coating at three (3) gallons per square, two (2) coats at one and a half (1.5) gallons per square, back rolled, and cross hatched. 1.3 REFERENCES A. American Society of Civil Engineers (ASCE): 1. ASCE 7-10, Minimum Design Loads for Buildings and Other Structures. B. American Society for Testing and Materials (ASTM): 1. ASTM D41 Standard Specification for Asphalt Primer Used in Roofing, Dampproofing and Waterproofing. 2. ASTM D312 Standard Specification for Asphalt Used in Roofing. 3. ASTM D451 Standard Test Method for Sieve Analysis of Granular Mineral Surfacing for Asphalt Roofing Products. 4. ASTM D2822 Standard Specification for Asphalt Roof Cement. 5. ASTM D5147 Standard Test Method for Sampling and Testing Modified Bituminous Sheet Materials. 6. ASTM D6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using a Combination of Polyester and Glass Fiber Reinforcements. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 3 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 7. ASTM D6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Glass Fiber Reinforcements. ASTM E108 Standard Test Methods for Fire Test of Roof Coverings. C. National Roofing Contractors Association (NRCA): Roofing and Waterproofing Manual. 1.4 SUBMITTALS PRIOR TO ISSUANCE OF NOTICE -TO -PROCEED A. Manufacturer's Installation Instructions: Submit installation instructions and recommendations indicating special precautions required for installing the membrane. B. Manufacturer's Certificate: Certify that roof system furnished has a class A fire rating. C. Manufacturer's Certificate: Certify that the roof system is adhered properly to meet or exceed the requirements of ASCE 7-10 wind uplift requirements D. Manufacturer's Certificate: Certify that materials are manufactured in the United States and conform to requirements specified herein, are chemically and physically compatible with each other, and are suitable for inclusion within the total roof system specified herein. E. Manufacturer's Certificate: Submit a certified copy of the roofing manufacturer's ISO 9001 compliance certificate. F. Test Reports: Submit test reports, prepared by an independent testing agency, for all modified bituminous sheet roofing, this testing must show that sheets meet all minimum tensile, tear, and elongation requirements set forth as the standard in this specification. G. Written certification from the roofing system manufacturer certifying the applicator is currently authorized for the installation of the specified roof system. H. Qualification data for firms and individuals identified in Quality Assurance Article below. I. Provide color chart for all coping metal. Specimen Warranty: Provide an unexecuted copy of the 30 -year no dollar limit (NDL) warranty specified for this Project, identifying the terms and conditions required of the Manufacturer and the Owner. Warranty must be non pro -rated and must cover both labor and all materials. K. Notarized statement from the Roofing System Manufacturer, signed by an Officer of the Corporation with the Corporate Seal affixed thereto stating in writing that the Roofing System Manufacturer will provide field inspections three days per week during the entire period of installation until all construction work is completed and to be performed by a full time employee of the manufacturer at no additional cost to the owner. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 L. Notarized statement from the Roofing System Manufacturer, signed by an Officer of the Corporation with the Corporate Seal affixed thereto stating in writing that the Roofing System Manufacturer will warranty all built up roofing including all metal coping. M. Submit documentation showing NFRC listing with a UL, ICC or other nationally recognized listing agency's listing for all skylights to be installed. Obtain Engineer's approval prior to ordering products. 1.5 CONTRACT CLOSEOUT SUBMITTALS A. General: Comply with Requirements of Division 01 Section - Closeout Submittals. B. Special Project Warranty: Provide specified warranties for the Project, executed by the authorized agent of the Manufacturer and authorized agent of the contractor. C. Roofing Maintenance Instructions. Provide a manual of manufacturer's recommendations for maintenance of installed roofing systems. 1.6 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this Section with not less than 30 years documented experience and have ISO 9001 certification. B. Installer Qualifications: Company specializing in modified bituminous roofing installation with not less than 5 years experience and authorized by roofing system manufacturer as qualified to install manufacturer's roofing materials. C. Installer's Field Supervision: Maintain a full-time Supervisor/Foreman on job site during all phases of roofing work while roofing work is in progress. Maintain proper supervision of workmen. D. Maintain a copy of the Contract Documents in the possession of the Supervisor/Foreman and on the roof at all times. E. Source Quality Control: Manufacturer shall have in place a documented, standardized quality control program such as ISO -9001. F. Manufacturer must have been in business for as long as the warranty is to last (30 years). 1.7 PRE -INSTALLATION CONFERENCE A. Pre -Installation Roofing Conference: Convene a pre -roofing conference approximately two (2) weeks before scheduled commencement of modified bituminous roofing system installation and associated work. B. Require attendance of installer of each component of associated work, installers of deck or substrate construction to receive roofing work, installers of rooftop units and other work in and around roofing that must precede or follow roofing work (including mechanical SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 work if any), Architect, Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of the Work, including (where applicable) Owner's insurers, testing agencies and governing authorities. Objectives of conference include: Review foreseeable methods and procedures related to roofing work, including set up and mobilization areas for stored material and work area. 2. Tour representative areas of roofing substrates (decks), inspect and discuss condition of substrate, roof drains, curbs, penetrations and other preparatory work performed by others. 3. Review structural loading limitations of deck and inspect deck for loss of flatness and for required attachment. 4. Review roofing system requirements (drawings, specifications and other contract documents). Review required submittals both completed and yet to be completed. 6. Review and finalize construction schedule related to roofing work and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays. 7. Review required inspection, testing, certifying and material usage accounting procedures. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including possibility of temporary roofing (if not mandatory requirement). 9. Record discussion of conference including decisions and agreements (or disagreements) reached and furnish copy of record to each party attending. If substantial disagreements exist at conclusion of conference, determine how disagreements will be resolved and set date for reconvening conference. 10. Review notification procedures for weather or non -working days. C. The Owner's Representative will designate one of the conference participants to record the proceedings and promptly distribute them to the participants for record. D. The intent of the conference is to resolve issues affecting the installation and performance of roofing work. Do not proceed with roofing work until such issues are resolved to the satisfaction of the Owner. This shall not be construed as interference with the progress of Work on the part of the Owner. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 1.8 DELIVERY, STORAGE AND HANDLING A. Products to arrive to site with seals and labels intact, in manufacturer's original containers, dry and undamaged. B. Store and handle roofing sheets in a dry, well -ventilated, weather -tight place to prevent moisture exposure. Store rolls of felt and other sheet materials on pallets or other raised surface. Stand all roll materials on end. Cover roll goods with a canvas tarpaulin or other breathable material (not polyethylene). C. Do not leave unused materials on the roof overnight or when roofing work is not in progress unless protected from weather and other moisture sources. D. Secure all material and equipment on the job site. If any material or equipment is stored on the roof, assure that the integrity of the deck is not compromised at any time. Damage to the deck caused by the Contractor's actions will be the sole responsibility of the Contractor, and the deck will be repaired or replaced at his expense. 1.9 MANUFACTURER'S INSPECTIONS A. When the Project is in progress, the roofing system manufacturer will provide the following: Report progress and quality of the work as observed. 2. Provide job site inspections with photographic reports three days per week for a minimum of one hour per day when contractor is on site. 3. Report to the Owner in writing any failure or refusal of the Contractor to correct unacceptable practices called to the Contractor's attention. 4. Confirm after completion that manufacturer has observed no application procedures in conflict with the specifications other than those that may have been previously reported and corrected. 1.10 PROJECT CONDITIONS A. Proceed with roofing work only when existing and forecasted weather conditions will permit a unit of work to be installed in accordance with manufacturer's recommendations and warranty requirements. B. Do not apply roofing insulation or membrane to damp deck surface. C. Do not expose materials subject to water or solar damage in quantities greater than can be weatherproofed during same day. SECTION 07 55 00 MODIFIED BITUMINOUS MEMBRANE ROOFING 7 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 1.11 SEQUENCING AND SCHEDULING A. Sequence installation of roofing with related units of work specified in other Sections to ensure that roof assemblies, including roof accessories, flashing, trim and joint sealers, are protected against damage from effects of weather, corrosion and adjacent constriction activity. "•► Wd A. Upon completion of installation, and acceptance by the Owner, the Manufacturer- will supply to the Owner a 30 -year NDL warranty that covers all roofing, walls, flashings, and metal coping. Warranty must be non pro -rated and must cover all labor and all materials installed from the deck up. B. Installer will submit a two (2) year bonded warranty and a three (3) year contractor warranty for a total of a five (5) year continuous warranty to the membrane manufacturer with a copy directly to Owner. PART 2 PRODUCTS 2.1 PRODUCTS, GENERAL A. Refer to Division 01 Section Common Product Requirements. B. Basis of Design: Materials, manufacturer's product designations, and/or manufacturer's names specified herein shall be regarded as the minimum standard of quality required for work of this Section. Comply with all manufacturer and contractor/fabricator quality and performance criteria specified in Part 1. C. Substitutions: Products proposed as equal to the products specified in this Section shall be submitted in accordance with Bidding Requirements, Submittal Requirements in 1.4 A- N, and Division 01 provisions. Proposals shall be accompanied by a copy of the manufacturer's standard specification Section. That specification Section shall be signed and sealed by a professional engineer licensed in the state in which the installation is to take place. Substitution requests containing specifications without licensed engineer certification shall be rejected for non-conformance. 2. Include a list of three (3) projects of similar type and extent, located within a 100 - mile radius from the location of the project. In addition, the three (3) projects must be at least five (5) years old and be available for inspection by the Architect, Owner or Owner's Representative. A spreadsheet with comparisons of tensile strength, tear strength, thickness, and elongation to specified products versus substituted product must be included. 4. Equivalency of performance criteria, warranty terms, submittal procedures, and contractual terms will constitute the basis of acceptance. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 5. The Owner's decision regarding substitutions will be considered final. Unauthorized substitutions will be rejected. 2.2 ACCEPTABLE MANUFACTURERS A. The design is based upon roofing systems engineered and manufactured by The Garland Company or Engineer pre -approved equals: The Garland Company 3800 East 91 st Street Cleveland, Ohio 44105 Steve Lampman (949) 322-1770 Website: www.garlandco.com 2.3 DESCRIPTION A. Modified bituminous Class `A' roofing work on all roof sections including but not limited to: Base sheet: HPR Glasbase; Type II base sheet, ASTM D 4601, Type I1. 2. Ply sheets: HPR Glasfelts; Minimum two (2) plies of ASTM D2178, Type IV glass fiber roofing felt bonded to prepared surface with hot bitumen; 3. Hot Bitumen: Trumbull, Lo -Odor Type III steep asphalt having the following characteristics: a. Softening Point 185°F - 2057 b. Flash Point 500°F C. Penetration @ 777 15-35 units d. Ductility @ 77°F 2.0 cm 4. Base Flashing Ply: One (1) ply of Stressply EUV; 115 mil SBS and SIS rubberized sheet utilizing polyester and fiberglass combination reinforcement scrim covered by an additional layer of modified bitumen membrane (Stressply Plus FR UV Mineral membrane) and set in bitumen. 5. Modified Mineral Surfaced Capsheet Membrane for Field: STRESSPLY PLUS FR MINERAL; 145 mil SBS (Styrene-Butylene-Styrene) mineral surfaced, rubber modified roofing membrane incorporating recycled rubber, fire retardant characteristics and reinforced with a fiberglass and polyester composite membrane. 6. Modified Smooth Membrane for base flashing reinforcements and target reinforcement sheets around drains and penetrations: Stressply EUV; 145 mil SBS and SIS rubberized sheet utilizing polyester and fiberglass combination reinforcement scrim covered by an additional layer of modified bitumen membrane (Stressply IV PLUS Mineral) and set in bitumen. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 9 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 7. Torch Grade Modified Title 24 Mineral Surfaced Capsheet Membrane for Vertical Surfaces: STRESSPLY IV PLUS UV MINERAL; 195 mil SBS (Styrene- Butylene-Styrene) mineral surfaced, rubber modified, torch grade, roofing membrane incorporating recycled rubber, fire retardant characteristics, with a burn off backer, and reinforced with a fiberglass and polyester composite membrane. The sheet must have a mineral surface that meets Title 24; 8. Surfacing for Field: Pyramic; Apply Title 24 coating to entire roof surface once roof is completed and a pre -coating punch list is completed. Coating to be applied at a total of 3 gallons per square, two coats at 1.5 gallons per coat. 9. Valleys and drain areas: Apply White Star, a multi purpose, single component, polyurea liquid coating in all valleys and drains. Embed 30 lbs per square of Title 24 minerals into polyurea immediately while wet. a. Tensile Strength (ASTM D 412) 2300 psi b. Tear Strength (ASTM D 624) 230 lbs/in c. Elongation (ASTM D 412) 250% d. Density (ASTM D 2939) 10.14 lbs/gal e. Reflectance: 0.89 f. Emittance:0.89 g. SRI: 112 minimum 2.4 BITUMINOUS MATERIALS A. Asphalt Primer: Garla Prime VOC; V.O.C. compliant, ASTM D41. B. Roofing Mastic: Kee -Lock white mastic; V.O.C. compliant, ASTM D2822, Type II. C. Interply Adhesive: Trumbul, ASTM D312, Type 111, low odor 2.5 SHEET MATERIALS A. Felt Plies: HPR Glasfelts; Fiberglass Felts, ASTM D2178, Type IV. B. Base Sheet: HPR Glasbase; Type II Base Sheet, ASTM D 4601. C. Modified Smooth Membrane: For Base Flashing Reinforcement and Target Sheet Reinforcement; Properties (Finished Membranes): STRESSPLY EUV; ASTM D6162, Type III Grade S 1. Tensile Strength (ASTM D5147) a. 2 in/min. @ 73.4 ± 3.6°F MD 700 lbf/in CMD 750 lbf/in 2. Tear Strength (ASTM D5147) a. 2 in/min. @ 73.4 f 3.6°F MD 1300 lbf CMD 1400 lbf 3. Elongation at Maximum Tensile (ASTM D5147) a. 2 in/min. @ 73.4 ± 3.6°F MD 6% CMD 6% 4. Low Temperature Flexibility (ASTM D5147): Passes -30°F 5. Pre consumer recycled content 21% SECTION 07 55 00 MODIFIED BITUMINOUS MEMBRANE ROOFING 10 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 Post consumer recycled content 6% D. Modified Mineral Surface Capsheet Membrane: Top membrane for all low slope surfaces; Properties (Finished Membranes): Stressply Plus FR Mineral ; ASTM D6162, Type III, Grade G 1. Tensile Strength (ASTM D5147) a. 2 in/min. @ 73.4 ± 3.6°F MD 310 lbf/in CMD 310 lbf/in 2. Tear Strength (ASTM D5147) a. 2 in/min. @ 73.4 + 3.6°F MD 500 lbf CMD 500 lbf 3. Elongation at Maximum Tensile (ASTM D5147) a. 2 in/min. @ 73.4 f 3.6°F MD 3.5% CMD 3.5% 4. Low Temperature Flexibility (ASTM D5147): Passes -307 E. Modified Title 24 Torch Applied Mineral Surface Capsheet Membrane: Top membrane for all vertical surfaces; Properties (Finished Membranes): Stressply IV Plus UV Mineral ; ASTM D6162, Type III, Grade G 1. Tensile Strength (ASTM D5147) b. 2 in/min. @ 73.4 + 3.6°F MD 310 lbf/in CMD 310 lbf/in 2. Tear Strength (ASTM D5147) a. 2 in/min. @ 73.4:4::3.6'F MD 510 lbf CMD 510 lbf 3. Elongation at Maximum Tensile (ASTM D5147) b. 2 in/min. @ 73.4 + 3.67 MD 9.0% CMD 8.0% 4. Low Temperature Flexibility (ASTM D5147): Passes -30°F 2.6 RELATED MATERIALS A. Nails and Fasteners: Non-ferrous metal or galvanized steel, except that hard copper nails shall be used with copper; aluminum or stainless steel nails shall be used with aluminum; and stainless steel nails shall be used with stainless steel. Fasteners shall be self -clinching type of penetrating type as recommended by the manufacturer of the deck material. Nails and fasteners shall be flush -driven through flat metal discs of not less than one (1) inch diameter. Omit metal discs when one-piece composite nails or fasteners with heads not less than one (1) inch diameter are used. B. Metal Discs: Flat discs or caps of zinc -coated sheet metal not lighter than 28 -gauge and not less than one (1) inch in diameter. Form discs to prevent dishing. Bell or cup shaped caps are not acceptable. C. Lightweight Concrete Fasteners: CR Base Sheet Fastener; one-piece, precision formed from G-90 galvanized steel, coated with CR -10, and pre -assembled with a 2.75 -in. diameter galvalume plate. D. Walkway Pads: Walkpads by WR Meadows or Engineer approved equal; Factory formed, nonporous, with a slip -resisting surface texture, manufactured specifically for adhering to modified bituminous membrane roofing as a protection course for foot traffic: 1/2 -inch thick, 3 -feet x 4 -feet SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 11 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 2. One (1) walkpad to be installed top of ladder access. Four (4) walkpads to be installed at access points of HVAC equipment. E. Walkway Pad Adhesive: Flashing Bond mastic F. Glass Fiber Cant: Continuous triangular cross-section made of inorganic fibrous glass used as a cant strip as recommended by the membrane manufacturer. G. Drain Flashings and pipe jacks: new 4 -Ib. lead H. Coping metal: Contractor to break form from .040 kynar coated aluminum that is sourced from the membrane manufacturer to be included in the edge to edge warranty for the entire 30 -year period. I. Caulking, Tuff -Stuff MS: One part, non -sag urethane sealant. 1. Tensile Strength, ASTM D 412: 250 psi 2. Elongation, ASTM D 412: 450% 3. Hardness, Shore A ASTM C 920: 35 4. Adhesion -in -Peel, ASTM C 92: 30 pli 2.7 SURFACINGS A. Entire Roof. Title 24 elastomeric coating; Installed at 3 gallons per square over entire roof after all work is done to ensure entire roof is bright white at completion. 1. Weight/Gallon 12 lbs./gal. (1.44 g/cm3) 2. Non -Volatile % (ASTM D 1644) 66 min 3. Reflectance 81 % B. Title 24 coating (valleys): Valleys and drain areas: Apply White Star, a multi purpose, single component, polyurea liquid coating in all valleys and drains. Embed 30 lbs per square of Title 24 minerals into polyurea immediately while wet. 1. Tensile Strength (ASTM D 412) 2300 psi 2. Tear Strength (ASTM D 624) 230 lbs/in 3. Elongation (ASTM D 412) 250% 4. Density (ASTM D 2939) 10.14 lbs/gal 5. Reflectance: 0.89 6. Emittance:0.89 7. SRI: 112 minimum 2.8 INSULATION MATERIALS A. Provide thicknesses of insulation as indicated on drawings and to ensure water flows to the drains. Provide combination of types and thicknesses to provide crickets. SECTION 07 55 00 MODIFIED BITUMINOUS MEMBRANE ROOFING 12 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 I . Polyisocyanurate Board Roof Insulation: Rigid cellular foam, complying with ASTM C1289, Type II, Class 1, cellulose felt or glass fiber mat both faces, Grade 2 and with the following characteristics: a. Qualities: Rigid, closed cell polyisocyanurate insulation. b. Board size: 48 -inch by 96 -inch, when mechanically fastened and 48 -inch by 48 -inch when adhered. C. Physical Properties Dimensional Stability ASTM D-2126 2% max. Compressive Strength ASTM D-1621 20 psi min. Vapor Permeability ASTM E-96 1 perm max. Foam Core Density ASTM D-1622 2.0 pcf min. 2. Fiberboard Coverboard: a. Qualities: high density fiberboard installed over the base layer of polyisocyanurate insulation. b. StructoDek High Density Fiberboard or equal C. Board Size: 4 -feet x 8 -feet d. Thickness: '/2 -inch minimum. e. Attachment Method: Hot asphalt PART 3 EXECUTION 3.1 EXECUTION, GENERAL A. Comply with requirements of Division 01 Section "Common Execution Requirements." 3.2 EXAMINATION A. Verify that deck surfaces and project conditions are ready to receive work of this Section. B. Verify that deck is supported and secured to structural members. C. Verify that deck is clean and smooth, free of depressions, projections or ripples, and is properly sloped to drains. D. Verify that adjacent roof substrate components do not vary more than 1/4 inches in height. E. Verify that deck surfaces are dry F. Verify that openings, curbs, pipes, conduit, sleeves, ducts, and other items which penetrate the roof are set solidly, and that cant strips, wood nailing strips, and reglets are set in place. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 13 3.3 GENERAL INSTALLATION REQUIREMENTS A. Cooperate with manufacturer, inspection and test agencies engaged or required to perform services in connection with installing the roof system. B. Insurance/Code Compliance: Where required by code, install and test the roofing system to comply with governing regulation and specified insurance requirements. C. Protect other work from spillage of roofing materials and prevent materials from entering or clogging drains and conductors. Replace or restore other work damaged by installation of the modified bituminous roofing system. D. Coordinate installation of roofing system components so that insulation and roofing plies are not exposed to precipitation or left exposed overnight. Provide cut-offs at end of each day's work to cover exposed ply sheets and insulation with two (2) plies of #15 organic roofing felt set in full moppings of bitumen and with joints and edges sealed with roofing cement. Remove cut-offs immediately before resuming work. E. Asphalt Bitumen Heating: Heat and apply bitumen in accordance with the Equiviscous Temperature (EVT) Method as recommended by National Roofing Contractors Association (NRCA). Do not raise temperature above minimum normal fluid -holding temperature necessary to attain EVT (plus 5°F at point of application) more than one (1) hour prior to time of application. Determine flash point, finished blowing temperature, EVT, and fire -safe handling temperature of bitumen either from information by manufacturer or by suitable test. Do not exceed recommended temperature limits during bitumen heating. Do not heat to a temperature higher than 25 degrees Fahrenheit (25°F) below flash point. Discard bitumen that has been held at temperature exceeding Finishing Blowing Temperature (FBT) for more than three (3) hours. Keep kettle lid closed except when adding bitumen. F. Asphalt Bitumen Mopping Rate: Interply Mopping: Apply bitumen at the rate of approximately 25 pounds (I 1.3kg) of bitumen per roof square. 2. Modified Membrane Mopping: Apply bitumen at the rate of approximately 30 pounds (13.6kg) of bitumen per roof square. G. Substrate Joint Penetrations: Prevent bitumen from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. H. Apply roofing materials as specified by manufacturer's instructions. Keep roofing materials dry before and during application. 2. Do not permit phased construction. 3. Complete application of roofing plies, modified sheet and flashing in a continuous operation. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 14 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 4. Begin and apply only as much roofing in one day as can be completed that same day. I. Cut -Offs (Waterstops): At end of each day's roofing installation, protect exposed edge of incomplete work, including ply sheets and insulation. Provide temporary covering of two (2) plies of #15 organic roofing felt set in full moppings of bitumen with joints and edges sealed. Broadcast minerals from mineral surface membrane manufacturer into the bleed out of bitumen while bitumen at its recommended EVT temperature to achieve uniform color throughout. 3.4 FELT PLY INSTALLATION A. Fiberglass Plies: Install two (2) fiberglass ply sheets in 25 pounds (11.3kg) per square of bitumen shingled uniformly to achieve two (2) plies over the entire prepared substrate. Shingle in direction of slope of roof to shed water on each area of roof. Do not step on felt rolls until asphalt has cooled, fish mouths should be cut and patched. B. Lap ply sheet ends eight (8) inches (203mm). Stagger end laps 12 inches (304mm) minimum. C. Lightly broom in fiberglass plies to assure complete adhesion. D. Extend plies two (2) inches (50mm) beyond top edges of cants at wall and roof projections and equipment bases. 3.5 MODIFIED FIELD CAPSHEET MEMBRANE APPLICATION A. Solidly bond the modified membrane to the base layers with specified asphalt at the rate of 30 pounds (11-13kg) per 100 square feet. B. The modified membrane roll must have asphalt slightly visible at all side laps. Exercise care during application to eliminate air entrapment under the membrane. C. Apply pressure to all seams to ensure that the laps are solidly bonded to substrate. D. Install subsequent rolls of modified membrane across the roof as above with a minimum of four (4) inch (101mm) side laps and eight (8) inch (203mm) end laps. Stagger the end laps. Apply the modified membrane in the same direction as the previous layers but stagger the laps so they do not coincide with the laps of the base layers. E. Extend membrane two (2) inches (50mm) beyond top edge of all cants in full moppings of the specified asphalt. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 15 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 3.6 FLASHING MEMBRANE INSTALLATION A. Seal all curb, wall and parapet flashings with an application of mastic and mesh on a daily basis. Do not permit conditions to exist that will allow moisture to enter behind, around or under the roof or flashing membrane. B. Prepare all walls, penetrations and expansion joints to be flashed and where shown on the drawings, with asphalt primer at the rate of one (1) gallon per 100 square feet. Allow primer to dry tack free. C. Scatter nail and sprinkle mop a Type II base sheet to entire wall in a vertical direction over all wood vertical surfaces. D. Fiberglass plies: Install one (1) fiberglass ply sheet in 25 pounds per square of bitumen shingled uniformly to cover the entire wall in a vertical direction. Extend over top of parapet wall. E. Install a 13 -inch wide sheet of the modified smooth membrane in the angle. F. The modified Title 24 torch applied mineral surface capsheet membrane to cover the entire vertical surface and will be fully adhered with a roofer's torch to the underlying ply, extending nine (9) inches into the field of the roof. Top of sheet to be secured with a termination bar that is fastened to the wall at eight (8) inches on center. G. All layers must be solidly adhered. H. Coordinate counter flashing, cap flashings, expansion joints, and similar work with modified bitumen roofing work. I. Coordinate roof accessories, miscellaneous sheet metal accessory items, including piping vents and other devices with the roofing system work. Coping Cap 1. Prime vertical wall at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all field plies over cant a minimum of two (2) inches. 3. Scatter nail and sprinkle mop a Type II base sheet to entire wall in a vertical direction over all wood vertical surfaces. 4. Fiberglass plies: Install one (1) fiberglass ply sheet in 25 pounds per square of bitumen shingled uniformly to the base sheet covering the entire wall in a vertical direction including top of parapet wall. Install a 13 -inch wide sheet of the modified smooth membrane in the angle The modified Title 24 torch applied mineral surface capsheet membrane to cover the entire vertical surface and will be fully adhered with a roofer's torch to the underlying ply, extending nine (9) inches into the field of the roof. Top of sheet to be secured with a termination bar that is fastened to the wall at eight (8) inches on center. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 16 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 7. Install coping cap with continuous outside clip and fasten on the inside edge every 18 inches on center. K. Equipment Support 1. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all field plies over cant a minimum of two (2) inches. 3. Scatter nail and sprinkle mop a Type II base sheet to entire wall in a vertical direction over all wood vertical surfaces. 4. Fiberglass plies: Install one (1) fiberglass ply sheet in 25 pounds per square of bitumen shingled uniformly to the base sheet covering the entire wall in a vertical direction. 5. Install a 13 -inch wide sheet of the modified smooth membrane in the angle 6. The modified Title 24 torch applied mineral surface capsheet membrane to cover the entire vertical surface and will be fully adhered with a roofer's torch to the underlying ply, extending nine (9) inches into the field of the roof. Top of sheet to be secured with a termination bar that is fastened to the wall at eight (8) inches on center. 7. Roof over entire curb if unit is to be lifted. 8. Install new slip metal under curbs that are not roofed over. Fasten at 12 inches on center with fasteners and neoprene washers. All joints in metal shall be sealed to be watertight. 9. Replace all pans completely with new using 22 gauge galvanized metal. L Exhaust Fan 1. Minimum curb height is eight (8) inches. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all plies over cant a minimum of two (2) inches. 3. Scatter nail and sprinkle mop a Type II base sheet to entire wall in a vertical direction. 4. Fiberglass ply: Install one (1) fiberglass ply sheet in 25 pounds per square of bitumen shingled uniformly to the base sheet covering the entire wall in a vertical direction. 5. Install a 13 -inch wide sheet of the modified smooth membrane in the angle 6. The modified Title 24 torch applied mineral surface capsheet membrane to cover the entire vertical surface and will be fully adhered with a roofer's torch to the underlying ply, extending nine (9) inches into the field of the roof. Top of sheet to be secured with a termination bar that is fastened to the wall at eight (8) inches on center. 7. Install metal exhaust fan over the fasteners and flashing to act as counterflashing. Fasten per manufacturer's recommendation. If existing pan flashing does not come down three (3) inches over roofing materials, install new slip flashing and fasten at 12 inches on center with fasteners and neoprene washers. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 17 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 M. Passive Vent/Air Intake 1. Minimum curb height is eight (8) inches. Prime vertical at a rate of 100 square feet per gallon and allow to dry. 2. Set cant in bitumen. Run all plies over cant a minimum of two (2) inches. 3. Scatter nail and sprinkle mop a Type II base sheet to entire wall in a vertical direction. 4. Fiberglass ply: Install one (1) fiberglass ply sheet in 25 pounds per square of bitumen shingled uniformly to the base sheet covering the entire wall in a vertical direction. 5. Install a 13 -inch wide sheet of the modified smooth membrane in the angle 6. The modified Title 24 torch applied mineral surface capsheet membrane to cover the entire vertical surface and will be fully adhered with a roofer's torch to the underlying ply, extending nine (9) inches into the field of the roof. Top of sheet to be secured with a termination bar that is fastened to the wall at eight (8) inches on center. 7. Install passive vent/air intake over the fasteners and flashing to act as counterflashing. Fasten per manufacturers recommendations. If existing pan flashing does not come down three (3) inches over roofing materials, install new slip flashing and fasten at 12 inches on center with fasteners and neoprene washers. N. Roof Drain 1. Plug drain to prevent debris from entering plumbing. 2. Run roof system plies over drain. Cut out plies inside drain bowl. 3. Set lead flashing (30 -inch square minimum) in a '/4 -inch bed of mastic. Run lead into drain a minimum of two (2) inches. Prime lead at a rate of 100 square feet per gallon and allow to dry. 4. Install target sheet ply (40 -inch square minimum) in bitumen. 5. Install modified smooth membrane for field (48 -inch square minimum) in bitumen. 6. Install clamping ring and assure that all plies are under the clamping ring. 7. Remove drain plug and install strainer. Replace all strainers with new metal strainers. O. Plumbing Stack 1. Minimum stack height is 12 inches. 2. Prime flange of new lead flashing. Install properly sized lead set in a '/4 -inch bed of roof cement over roof plies. 3. Install target sheet ply in bitumen. 4. Install modified smooth membrane for field in bitumen. 5. Caulk the intersection of the membrane with elastomeric sealant. SECTION 07 55 00 MODIFIED BITUMINOUS MEMBRANE ROOFING 18 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 6. Turn sleeve a minimum of one (1) inch down inside of stack or clamp at top, fallow out top edge, and seal with Tuff Stuff caulking. P. Heat Stack 1. Minimum stack height is 12 inches. 2. Prime flange of new sleeve. Install properly sized sleeves set in a '/4 -inch bed of roof cement over roof plies. 3. Install target sheet ply in bitumen. 4. Install modified smooth membrane for field in bitumen. 5. Caulk the intersection of the membrane with elastomeric sealant. 6. Install new collar over cape. Weld collar or install stainless steel draw brand. 3.7 APPLICATION OF SURFACING A. Reflective Coating: 1. Allow all cold applied mastics and coating to properly dry and cure before installing the Title 24 coating. 2. Install three (3) gallons per square of Title 24 coating after powerwashing roof and allowing to dry. Coating must be installed at one and a half (1.5) gallons per coat, two (2) coats, for a total of three (3) gallons. Back roll each coat and install each coat at 90 degree angle to the prior coat for an even appearance. 3.8 FIELD QUALITY CONTROL A. Perform field inspection and testing as required. B. Correct defects or irregularities discovered during field inspection. C. A copy of the specification shall be onsite at all times. 3.9 CLEANING A. Remove bitumen adhesive drippings from all walls, windows, floors, ladders and finished surfaces. B. In areas where finished surfaces are soiled by asphalt or any other sources of soiling caused by work of this Section, consult manufacturer of surfaces for cleaning instructions and conform to their instructions. C. Repair or replace defaced or disfigured finishes caused by work of this Section. 3.10 CONSTRUCTION WASTE MANAGEMENT A. Remove and properly dispose of waste products generated during roofing procedures. Comply with requirements of authorities having jurisdiction. SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 19 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 3.11 FINAL INSPECTION A. At completion of roofing installation and associated work, meet with Contractor, Architect, installer, installer of associated work, Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of roofing system. B. Walk roof surface areas of the building, inspect perimeter building edges as well as flashing of roof penetrations, walls, curbs and other equipment. List all items requiring correction or completion and furmsh copy of list to each party in attendance. C. The roofing system manufacturer reserves the right to request a thermographic scan of the roof during final inspection to determine if any damp or wet materials have been installed. The thermographic scan shall be provided by the Roofing Contractor, at no additional cost to the City. D. If core cuts verify the presence of damp or wet materials, the Roofing Contractor shall be required to replace the damaged areas at his own expense. E. Repair or replace deteriorated or defective work found at time of inspection. Contractor is required to provide an installation free of damage and deterioration at time of Substantial Completion and according to warranty requirements. F. Notify the Owner upon completion of corrections. G. Following the final inspection, provide written notice of acceptance of the installation from the roofing system manufacturer. H. Immediately correct roof leakage during construction. If the Contractor does not respond within 24 hours, the Owner will exercise rights to correct the Work under the terms of the Conditions of the Contract. END OF SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING SECTION 07 55 00 - MODIFIED BITUMINOUS MEMBRANE ROOFING 20 CITY OF NEWPORT BEACH CORPORATION YARD - BLDG C AND BLDG D 9-26-2019 APPENDIX A - PHOTO REPORT Prepared by: The Garland Company, Inc. Report date: July 19, 2019 Page 13 of 14 i y i City of Newport Beach - Corp & Utility Yards Prepared By Steve Lampman Prepared For Kathryne Cho Table of Contents Corporate Yard/ A /Photo Report: Jul 19, 2019 - Inspection Corporate Yard/ B /Photo Report: Jul 19, 2019 - Inspection Corporate Yard / C / Photo Report: Jul 19, 2019 - Inspection Corporate Yard / D / Photo Report: Jul 19, 2019 - Inspection Corporate Yard / H / Photo Report: Jul 19, 2019 - Inspection Utilities Yard / Gravel BUR (All) / Photo Report: Jul 19, 2019 - Inspection (NOT IN SCOPE) 3 (NOT IN SCOPE) 6 10 13 (NOT IN SCOPE) 16 (NOT IN SCOPE) 19 Since 18 9 5 Client: City of Newport Beach Facility: Corporate Yard Roof Section: C Photo Report Report Date: 07/19/2019 Title: Inspection Photo 1 Overview. Roof has reached beyond its useful life and needs to be replaced. Photo 2 Cap sheet is in very poor condition. Mineral have eroded off and capsheet has burned through to the fiberglass scrim in many areas. r Photo 3 Wall flashings are sagging and in poor condition. Photo Report: Jul 19, 2019 - Inspection Page 10 of 23 Photo 4 Wall flashings are cracked with open entry for water. Photo 5 Roofing has a large buckle through the center of the roof. Photo 6 Water drains to scuppers. Photo 7 Two small bath drains (not roof drains) were added near the scuppers. These should be removed during the next reroof. Larger crickets and larger scuppers need to be added to properly get the water off the roof. Photo Report: Jul 19, 2019 - Inspection Page 11 of 23 Photo 8 Plumbing for the small bath drains is too small and gets overwhelmed during heavy rain. Photo 9 Coping joints were recently serviced. Photo Report: Jul 19, 2019 - Inspection Page 12 of 23 sine@ 1 895 Client: City of Newport Beach Facility: Corporate Yard Roof Section: D Photo Report Report Date: 07/19/2019 Title: Inspection Photo 1 Overview. This roof has reached well beyond its useful life. Photo 2 Skylights are custom sized and much larger than typical. They should be put on a proper 8" curb during the next reroof in order to meet industry standards. They should also be replaced at the same time. Photo 3 Cap sheet is in very poor condition. Mineral loss is extreme. Fiberglass scrim is exposed in many areas. Roof is very brittle. No core sample was allowed to be taken. Photo Report: Jul 19, 2019 - Inspection Page 13 of 23 Photo 4 Typical mechanical unit and curb. We were told that this unit was non- operating and could be removed during the reroof. Photo 5 Overview of exhaust fan and skylight curbs. Skylight lenses are very dry and cracked. Curbs need to be raised. Photo 6 Rusty vents need to be replaced with new fully soldered copper T -Top units with enclosed sides and set on proper 8" tall curbs. Photo 7 This antenna penetrates the curb pan. This detail should be properly addressed during the next reroof. Photo Report: Jul 19, 2019 - Inspection Page 14 of 23 Photo 8 Conduit and lights penetrate the coping cap. Photo 9 Water drains to scuppers. Primary scuppers are buried in the roof. Original overflows are now used as the primary. Roof should be sumped to allow usage of original scupper locations and provide better water flow. Scuppers to be replaced with new. Photo Report: Jul 19, 2019 - Inspection Page 15 of 23 APPENDIX B - ASBESTOS SURVEY Performed by: Green Horizons Services Report date: October 1, 2019 Page 14 of 14 Green Horizons Services Environmental & Construction Services CAC #07-4181 MITI Lead UA /117872 Date: October 1", 2019 Owner/Client: City of Newport Beach 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 Site Information: 592 Superior Ave Newport Beach, CA 92663 Green Horizons Services conducted a hazardous materials survey at the above address on 09/19/2019. These structures are located in Newport Beach, California. This site is a city maintenance and operations facility. The two buildings associated with this report are Buildings C & D. This survey is limited to the roof of each structure, and all documents pertaining to this report are representative of our investigation and sampling in preparation for roof removal operations. All suspect materials were located and tested in compliance with SCAQMD Rule 1403. This report details the findings of that inspection and gives recommendations for handling asbestos containing materials. Yours truly, . 7 John Daly` Certified Asbestos Consultant #07-4181 :ni•i \ _ui., n,, i, 0081HwIlc i titi'7 I mail: ni.I j.I r, m;iiLr ni 1001 1,)-( i1II tiur r� Hazardous Materials SurveX -Discussion John Daly, CAC #07-4181. from Green 1-101'iZO11S Services, conducted a hazardous materials survey at the property referenced above on September 19th, 2019. The material that was sampled was Investigatory for upcoming demolition wort: to begin. 1.0 Methods The property was visually Inspected and Suspect asbestos -containing materials were identified. these are classified in three ways: surfacing materials, thermal system insulation and miscellaneous materials. The materials are further classified as friable or non -friable. Friable is a term that refers to a materials propensity to be crushed into powder by hand pressure when dry. Materials were then separated into homogeneous sampling areas. A homogeneous sampling area is one in which the materials exhibit the same characteristics of color, texture and type of material. Materials were then sampled, placed in a leak proof container and submitted to Ameri-Sci Laboratories. 24416 Main Street, Suite 308, Carson, CA 90745, 310 834-4868, a laboratory that has been accredited by the National Voluntary Laboratory Accreditation Program (NVLAP #200346-0). The samples were analyzed by Polarized Light Microscopy in accordance with EPA Method 600/M4-82- 020. The limit of detection (dl) for this method is 1%. If asbestos is detected at levels below 1% then the sample is reported as <1% and not quantified. 1f a lower detection limit is desired, then available methods to do so include Point Counting, (400 points =.25% dl or 1000 points= .1% dl) and Transmission Electron Microscopy (TEM). 2.0 Regulations Cal OSHA regulations require jobsite notification when any amount of asbestos will be removed, (excluding normal Operations and Maintenance procedures), and that asbestos trained, certified personnel handle materials when those materials exceed 0.1% asbestos content by weight. In addition, if the amount of asbestos -containing material to be removed exceeds 100 square feet, then a DOSH Registered asbestos contractor must be used for the removal. Asbestos waste must be disposed of in a NESHAPS compliant asbestos landfill. Non- friable asbestos - containing waste - 1% by volume, may be transported and disposed of as non -hazardous asbestos - containing waste. whereas friable asbestos -containing waste. if it exceeds 1% by volume content, must be transported and disposed of as non-RCRA, hazardous waste. NESHAPS regulations require notification and certain work procedures when Regulated Asbestos Containing Material (RACM), in quantities greater than 160 sf or 260 If, are disturbed or removed. RACM is defined as triable asbestos -containing material, >1% content by volume, and non -friable asbestos -containing nnaterial,> 1 % by volume, rendered friable by mechanical forces or other processes that separate the asbestos fibers from its matrix. L. "I I au>I \ n, i, i,, \ 91111 I'Ir ni u: tit '1 I ni,ul in.I, jJrt u1:61 w 11 100119 Gill Sur\c\ SCAQMD requires notification and certain work practices When the amount of asbestos - containing material removal exceeds 100 square feet regardless of its friabilit\. <1% Asbestos: Federal regulations and SCAQMD (South Coast Air Quality Management District) do not regulate asbestos at this percentage. Notifications to these agencies do not apply. Ilowever, OSI -IA regulations do apply. "These are specific to "worker protection" issues. A contractor who is "DOSH certified" is required if removing more than a 100 square feet. Federal and State regulations do not regulate the disposal of this type of construction debris with this level of asbestos. However, your local landfill may have a "zero tolerance" for any asbestos containing debris. DOSH — requires certification and contractor licensing (C-22) prior to disturbing ACCM <1% asbestos containing construction material than 100 square feet. 3.0 Site Specific Details Type of ACM Location Quantity Penetration Mastic Located at Roof Penetrations 200 sl' (Building D) Penetration Mastic Located at Roo I'll enetrations 150 sl' (Building Q Summary Penetration mastic was analyzed by the laboratory and found to contain asbestos. This material must be removed by a DOSH certified contractor prior to roof tear off operations. All other suspect material tested indicated no asbestos content. No further precautions are necessary from an asbestos stand point. 111111 Int-(illi-tiur�r� ]POI-iotograpl-ilc Represcritatioll r— � F-��-+'��.�.+�+->.�s+�r- n .'�� apn3 �K,oa�C'►�� "'f,0�n'°°w .. 3 ;f y i Yt 6iiiiia kv, 1'3�Y BLIdding Diagirarn(s) t IMM I , I'lloll, :, ;_(,8xQ I nciil nig ��� �J�utivaiL.,,ni 1001 1 )-t II II-tiur\ (,\ A GRIT'N I IORIZONS SERVICTS 0 0 0 18 210 17 23 220 16 0 1 25 Building C Legend Off -Penetration Mastic Sample Location NORTH NOT' TO SCALE Building D 12 11 6 10 9 1 3 �l o E 11 [] E % 7 -0 D 13 Id0%0 E 5110 0 Asbestos San-ipling 'Fable 1001 1()-( fill I�I111: ti�u111>I�� I),II:I I 11) k, 10/1/2019 1 David Johnson City of Newport Beach 592 Superior Avenue Polarized Light Microscopy Code of bederal Regulations 40 CFR part 763, Section 1, fl ppetdix A Building Building 1) Composition Roofing NP -01 ND NF Good ROOf Of SLrUCtUre Building D Composition Roofing NF -02 ND NF Good Roof of structure Building 1) Composition Roofing N13-03 ND NF Good ROOfofstrUCtUrc Building D Composition Roofing NP -04 ND NF Good Roof of structure Building Composition Roofing NP -05 ND NF Good Roof of structure Building D Penetration Mastic NP -06 0 ° Ch sotile NF Good At rool'penetarLions Building D Penetration Mastic NP -07 5% Chrysotile NF Good At roof pcnetarlions Building D Penetration Mastic NP -08 ° ° CI71' SOLIIC NF Good At roof pcnetarlions Building D Duct Mastic NP -09 ND NF Good Roof Mounted HVAC Unit Building D Duct Mastic NP -10 ND NF Good Roof Mounted FIVAC Unit Building D Duct Mastic NP -I I ND NP Good Roof Mounted FIVAC Unit Building D Scam Mastic NP -12 ND NF Good At Roof Scams Building 1) Scam Mastic NP -13 ND NF Good At Roof Seants ND- none detect for asbestos NF- non -friable F- friable 10/1/2019 David Johnson lig is City of Newport Balch I ,,, .o 1 592 Superior Avenue a ', Polarized Light Microscopy Code of Federal Regulations 10 CFF? part 763, Section 1, Appendix A Building # Building D material Scam Mastic S NP -14 ND NF eStimple Good Location Al Roof Scams Building Composition Roofing NP -15 ND NF Good RoofofstrnClUrc BuildingC Composition Roofing NP -16 ND NF Good Roofofstructurc [3uildingC Composition Roofing NP -17 ND NF Good Roof ofstructurc Building Composition Roofing NP -18 ND NF Good Roof of structure [3uildingC Composition Roofing NP -19 ND NF Good Roof of structure (3uildingC Penetration Mastic NP -20 0 5�° Chr sotilc NF Good Atroorpenctartioils Building C Penetration Mastic NP -21 % Chrysotile NF Good At roof pcnctartions Building C Penetration Mastic NP -22 5% Chr sollle NF Good At roof pcnctartions Building C Scam Mastic NP -23 ND NF Good At Roof Scams Building C Scam Mastic NP -24 ND NP Good At Roof Scams Building C Seam Mastic NP -25 ND NF Good At Roof Scants ND- none detect for asbestos NF- non -triable F- friable L,aboratory Report \ I) I )N' I � I 'I 1"I w II, ; , I) I 100 1 1()-(;[ H