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HomeMy WebLinkAboutC-8269-2A - Newport Beach Fire Station No. 2CITY OF NEWPOR T REACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov September 27, 2023 Robert Clapper Construction Services, Inc. Attn: Robert W. Clapper 2223 N. Locust Ave. Rialto, CA 92377 Subject: Newport Beach Fire Station No. 2 — C-8269-2 Dear Mr. Clapper: On September 27, 2022, 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 September 29, 2022, Reference No. 2022000319924. The Surety for the contract is United States Fire Insurance Company and the bond number is 6131022948. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium is subject, hange based on the final contract amount Executed in Triplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 6131022948 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 48,056.00 being at the For First$100,000-$14.40, rate For Next $400,000- $13.92 of $ For Next$2,000,000-$8.36 For Next s2.600.000-s6.e2 thousand of the Contract price. For Next $1,289,000 - $6.05 "DBA R C Construction Services WHEREAS, the City of Newport Beach, State of California, has awarded to Robert Clapper Construction Services, Inc! hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of: Obtaining City Building Permits; removing and disposing of the existing on/off-site improvements; surveying; WQMP; constructing new Fire Station, public restrooms and the associated utilities; constructing on/off-site improvements; containing all construction debris onsite; removing and disposing of errant debris; arranging and coordinating with utility companies and U.S. Digital (alerting system) installations; testing for building water tightness; and landscaping establishment and maintenance, for Newport Beach Fire Station No. 2, Contract No. 8269-2, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and United States Fire Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Million Two Hundred Eighty Nine Thousand Dollars and 00/100 ($6,289,000.00) 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. Robert Clapper Construction Services, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1Gth day of November '20 20 . Robert Clapper Construction Services, Inc. DBA R C Construction Services Name of Contractor (Principal) _Urtttti4l,,Sl tec Fire Insurance Company Name of Surety 305 Madison Avenue. Morristown NJ 07962 Address of Surety 973 -490-3600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ( Zf 9 f i 47_2- 0 Aaron C. Har City Attorney President NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Robert Clapper Construction Services, Inc. Page B-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189 A notary public or other officer completing this certificate verifies only the identity of the individual whottf sign to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that document. State of California County of San Bernardino On d r It 9-D'�70 before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thelr authorized capacity(les), 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. KIM3ERLY HALL COMM. # 2300661 'z zOMY NOTARY PUBLIC-CALIFORNIAC B;AN BERNARDINO COUNTY Comm.. Expires August 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Slgnat re of Notary Public Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): ❑ Partner — n Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: NumberofPages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: S. m ,S .E' > w 3 d- .7_`%F^k&-F ^F*v�E�••.: •rw .. � 4 _-v�`E^`S+v �S S.F^2 ..u>k a ..FwS. ..E A , n.• d:;&:i,F • • S 5.. .. 5 .r ,r E;, (02019 National•Association 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 NOV 19 202I0 before me, Robyn R. Kargari Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signar(s) ow ROBYN R. KARGARI COMM. # 2296844 A NOTARY PUBLIC•CALIFORNIAX ORANGE COUNTY COMM, EXP, JULY 1 J, 2023 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 ha pd-dn-aWicial seal. Signature Placer Notary Seal Above p) gilatu o 0, ry Pub c_ Robyn R. Kargarl OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner [I Limited [I General ❑ Attorney in Fact ❑ "trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute mid appoint: Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Stephanie Hoang, Emilie George each, its true and lawful Attorneys) -In -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby m fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Pact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, mid consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article 111, Officers, Section 3.11, Facsimile Signatures. 'the signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurmrce Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this Urh day of March, 2016. UNITED STATES FIRE INSURANCE COMPANY Anthony R. Slimowicz, Executive Vice President State of New Jersey) County of Morris ) On this 10`h day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA �4". NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect mid has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the +srhday of November 20 20 UNITED STATES FIRE INSURANCE COMPANY Peter M. Quinn, Senior Vice President CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov January 4, 2023 Robert Clapper Construction Services, Inc. Attn: Robert W. Clapper 2223 N. Locust Ave. Rialto, CA 92377 Subject: Newport Beach Fire Station No. 2 - C-8269-2 Dear Mr. Clapper: On September 27, 2022, 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 September 29, 2022, Reference No. 2022000319924. The Surety for the bond is United States Fire Insurance Company and the bond number is 6131022948. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium included in Performance Bond Executed in Triplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 6131022948 LABOR AND MATERIALS PAYMENT BOND 'DBA R C Construction Services WHEREAS, the City of Newport Beach, State of California, has awarded to Robert Clapper Construction Services, Inc' hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of: Obtaining City Building Permits; removing and disposing of the existing on/off-site improvements; surveying; WQMP; constructing new Fire Station, public restrooms and the associated utilities; constructing on/off-site improvements; containing all construction debris onsite; removing and disposing of errant debris; arranging and coordinating with utility companies and U.S. Digital (alerting system) installations; testing for building water tightness; and landscaping establishment and maintenance, for Newport Beach Fire Station No. 2, Contract No. 8269-2, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, United States Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Six Million Two Hundred Eighty Nine Thousand Dollars and 00/100 ($6,289,000.00) 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. Robert Clapper Construction Services, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the lgtn day of November 2020 . Robert Clapper Construction Services, Inc. DBA R C Construction Services Clapper, President Name of Contractor (Principal) AuthoWSignatuye idle lhturlStates Fire Insurance Company Name of Surety 305 Mad ison Avenue. Morristown NJ 07962 Imo - LuQoa, Attor Address of Surety Print Name and 973-490-6600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S QFFICI Date: / -Z . ( / 9 E City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Robert Clapper Construction Services, Inc. Page A-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic 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 l County of San Bernardino Jy On �CC�G1+�dW If U" before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Clapper Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL .s COMM. # 2300661 z z' NOTARY PUBLIC -CAUFORNIAX SAN BERNARDINO COUNTY my Comm. Expires Aupuet 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signatu e of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On before me, Robyn R. Kargari Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong N ,°w`^��NEa+ ROBYN R. aRGARI n COMM. # 2296844 X g NOTARY PUBLIC-CALIFORNIA N ' ORANGE COUNTY a MY COMM. EXP, JULY 10, 2023 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 he cial seal. Signature —� Place Notary Seal Above igna of No ary Pu tic Robyn R. Kargari OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner ❑Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here POW ER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed and does hereby make, constitute and appoint: Yung T. Mullick, James W. Mailmen, Irene Turing, P. Austin Neff, Stephanie Hoang, Emilie George each, its true and lawful Attonney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insumnce Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased N be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this I O' day of March, 2016. UNITED STATES FIRE INSURANCE COMPANY Anthony R. Slimowicz, Executive Vice President State of New Jersey) County of Morris ) On this 10" day of March 2016, before me, a Notary public of the State of New Jersey, canne the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. { SONIA SCALA ..2t!�,d..0._ '" NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 1, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the tsthday of November 20 20 UNITED STATES FIRE INSURANCE COMPANY is W Peter M. Quinn. Senior Vice President C-9.2-69-92A RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 100 CIVIC CENTER DR NEWPORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 12/28/21 in the amount of 655.80 against CITY OF NEWPORT BEACH as owner or public body and R.C. CONSTRUCTION INC as prime contractor in connection with the work of improvement known as 2807 NEWPORT BEACH BLVD in the City of NEWPORT BEACH County of ORANGE State of California. Date 01/20/22 Name of By VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 01/20/22 IMI/2�ooii c - 8a ()�-a2.A- UNCONDITIONAL WAIVFR AND RELEASE ON FINAL PAYMENT rou(" e as1.ra] 7E TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS MENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT PAID, USE A CONDITIONAL, WAIVER AND RELEASE FORM. Information to of Claimant: tc of Customer: Location: r� NEWPORT BEACH FS NO 212807 NEWPORT BLVD; NEWPORT BEACH. CA 926f Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. document does not affect any of the following: claims for extras in the amount of: $0.00 ps.g.. uw c Claimant's Signature: ! kv ` Claimant's Title:yf,,er,w, . &zC . Date of Signature: NA , ltt, wo. o2o4 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT / (*,,)/ Code § 81381 NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Information ie of Claimant: GUIRGUIS ELECTIC ie of Customer: RC CONSTRUCTION SERVICES, INC. Location: NEWPORT BEACH FS NO 212807 NEWPORT BLVD; NEWPORT BEACH, CA 92663 ier: CITY OF NEWPORT BEACH Unconditional Waiver and Release document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, equipment and material delivered, to the customer on thisjob. Rights based upon labor or service provided, or equipment or material vered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the nant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions document does not affect any of the following: claims for extras in the amount of. - Signature Claimant's Signature: Claimant's Title: President of Signature: December 12, 2022 C- �z�l-aA RELEASE OF STOP PAYMENT NOTICE (Civil Code § 8128) TO: City of Newport Beach (owner, construction lender or public entity) 100 Civic Center Dr. (address) Newport Beach, CA 92660 YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated 09/07/2022 , in the amount of S 17,623.00 against City of Newport Beach public body and R.C_Construction Services, Inc as owner or as direct contractor in connection with the work or improvement known as Newport Beach Fire Station No. 2 in the City of Newport Beach , County of Orange State of California. This Release of Stop Payment Notica is given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. 10/19/2022 Name ofClaimant: Mack P&S Construction, Inc. Address: 32020 Corydon Rd., Wildomar, CA 92595 Telephone: 951-67 1267 By: -- Ivy Barcalows r`oject Accountant VERIFICATION I, the undersigned, state: I am the Project Accountant of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 19 20 22, at Wildomar State of C if ma. Signature of Clai, ant or Authorized Agent C RELEASE OF STOP PAYMENT NOTICE (Civil Code § 8128) 10: City of Newport Beach (owner, construction lender or public entity) 100 Civic Center Dr. (address) Newport Beach, CA 92660 YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated 08/26/2022 in the amount of $31,523.72 against City of Newport Beach as owner or public body and R.C. Construction Services, Inc. as direct contractor in connection with the work or improvement known as Newport Beach Fire Station No. 2 in the City of Newport Beach County of Orange , State of California. This Release of Stop Payment Notice is given put suant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. Date:10/19/2022 Name of Claimant: Mack P&S Construction, Inc. Address: 32020 Corydon Rd., Wildomar, CA 92595 Telephone: 951-67 -1267 By: Ivy BarcalowS ojeci Accountant (Title) VERIFICATION I, the undersigned, state: I am the Project Accountant of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and con-ect. Executed on October 19 20 22 , at Wildomar Sta�M__ Signature of Clait ant or Authorized Agent Stop Payment Notice CALIFORNIA CIVIL CODE SECTION 9044 NOTICE TO: CITY OF NEWPORT BEACH (If Private Job - File with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner - CIVIL CODE SECTIONS 8500 - 8560) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract - CIVIL CODE SECTIONS 9350 - 9510) Direct Contractor: R.C. CONSTRUCTION SERVICES INC. Sub Contractor (If Any): N/A Owner or Public Body: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 100 CIVIC CENTER DR., NEWPORT BEACH, CA 92660 Improvement known as NEWPORT BEACH FIRE STA County of ORANGE , State of California. MACK P&S CONSTRUCTION, INC. Claimant, a CORPORATION furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is R.C. CONSTRUCTION SERVICES, INC. The kind of labor, service, equipment, or materials furnished or agreed to be famished by claimant was: PLUMBING & SITE UTILITY INSTALLATION Total value of labor, service, equipment, or materials agreed to be furnished ................ $486,000.00 Total value of labor, service, equipment, or materials actually furnished is .................. $ 536,634.88 Credit for materials returned, if any................................................................ $ 0.00 Amount paid on account, if any..................................................................... $487,488.16 Amount due after deducting all just credits and offsets .......................................... $17,623.00 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $17,623.00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) IS NOT attached. (Bond required with Stop Payment Notice served on construction lender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs) Date: 09/07/2022 Name of Claimant: MACK P8 C NSTRUCTION, INC. By: VERIFICATION I, the undersigned, state: I am the PROJECT ACCOUNTANT of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 09/07/2022 at WI DOMAR State of California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8336 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Section 8539. Signed: Plumbing & Site Utilities Specialist 09/07/2022 To: City of Newport Beach Public Works Department 100 Civic Center Drive Newport beach, CA 92660 Enclosed with this cover letter is a stop payment notice and check 10705 in the sum of $10.00. Mack P&S Construction, Inc., as the claimant under the stop payment notice hereby requests pursuant to California Civil Code Section 9362 that the owner provide notice to Mack P&S Construction, Inc. of the time within which an action to enforce payment of the claim stated in the stop payment notice must be commenced. This stop notice does not negate the previous stop notice filed on 08/26/2022 in the amount of $31,523.72. This stop notice encompasses the remaining retention that was not included in the initial slop notice. If you have any questions, please contact me at i�yharcalo%unaek4igmail.com or 951-674-1267 x 103. Sincerely, Ivy Barcalow Mack P&S Construction, Inc. 951-674-1267 x 103 Mack P&5 Construction, Inc. 32020 Corydon Rd. Wlldomar, CA. 92595 P: 951.674.1267 F: 951.245.6036 City of Newport Beach Revenue 100 Civic Center Dr. Newport Beach, CA 92660 949-644-3141 Welcome C13229-0010 Andrew S. 12/20/2022 02:44PM C00070236 MISCELLANEOUS PBW012 REVENUE, N.O.C. (PBWO12) 2023 Stem: PBW012 1 @ 10.00 PBW012 REVENUE, N.O.C. (PBW012) 10.00 -------------- 10.00 Subtotal 10.00 Total 10.00 CHECK 10.00 Check Number 10705 -------------- Change due 0.00 Paid by: MACK P & S CONSTRUCTION, INCORPORATED Thank you for your payment CUSTOMER COPY c , ) \ j a m z-un §@&7 °®` ) &/£ Co z 03 \ CD ) § a § / \ ¥ ; E |�\ � 8 j [ ° \ C- 8�.(,p9-.2#4 STOP PAYMENT NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public of Private Work of Improvement) (Per California Civil Code Section 8520, 8530 & 9350) To: CITY OF NEWPORT BEACH Project: NEWPORT BEACH FIRE STATION#2 IYnme nl.wvnt, '.N41x u,nxY„I , yr I,wYxn bnfw11v',ni'. 100 CIVIC CENTER DRIVE NEWPORT BEACH CA. 92660 2807 NEWPORT BLVD NEWPORT BEACH CA 92663 Adi 11aw,IML, v 1.an1 L SX:eime[+ u1Cnn, n ri l- 1. '—I'd", v.1.1 UX.rryla,4: PURCHASING DEPT Name and address of the Project Owner ID, amnia Dwnen Name and address of the Direct Contractor Nome add address or the Cnnsvuction I. andar :.I n.,.I CITY OF NEWPORT BEACH 106 CIVICCENTER DRIVE NEWPORT BEACH CA 92660 RC CONSTRUCTION SERVICES INC 2223 NORTH LOCUST AVE RIALTO, CA 92377 TAKE NOTICE THAT GUIRGUIS ELECTRIC (Claimant) LLvanl,,:,ne XI ma',nrsuna Im, eu n,uw Ilia "J:nfnb:...Ii whose address is 1109 W SAN BERNARDINO RD, COVINA CA 91722 ,iNMX5+u1 ye,xn,r lair I,mn!1 ""J "Llaal has performed labor and fumished materials for a work of Improvement described above as Project The relationship of the Claimant to the other parties is ELECTRICAL SUBCONTRACTOR _ The work furnished by claimant Is. ELECTRICAL SCOPE OF PROJECT (gonaraliy desoiba w,n owlre ..... i nm. n ni,y ..... .tin a amn,e m Ic mmannn ny r p,^'nnu The labor and materials were fumished at the request of the following party RC CONSTRUCTION SERVICES INC Total value of the whole amount of labor and materials agreed to be furnished is f 680,000 00 The value of the labor and materials furnished to date Is: WITH CHANGE ORDERS $ 759,444 51 _. Claimant has been paid the sum of: .. . f 671,145.00 and there Is due, owing and unpaid the sum of: $ 88,299.51 You are required to set aside sufficient funds to satisfy this claim as provided by law You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands Dated 7/27/2022 _ NAME JACQUELINE GUIRGUIS/ GUIRGUIS ELECTRIC INXXMura4+nn,X(P By . �...... _i ._., 10,gi dd T .�ricd— rwi.o:d rvi," ii". a N, VWIV IP.b.S'I Authorized Capacity BUSINESS MANAGER I, Ina undrotTned state I am the ---- VERIFICATION ,116-'WPKWnI" ' N.- AWnr 04 , of Me a,vmanl named in the fraworg$iW tblico'Cave edo, said Slop Notice and Know Ilia cwnlertsgildraul, I tie Same is eue of in, own knowledge Iorcula I'lle' tonality of Mrluly under Ina kws of Pe Stale of Ca[dornia that Ina boosting is True add Ix ned Fracnladn17127 ,022 MCOVINA _ CalAorra 'uv, _..... L. _.:.... .,..,... 6J ...,.c.,.. �11.M1M1:: REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 8536 8 8538) If an election is made not to wahhoid funds pursuant to this stop notice by reason of a paymenl bond having beer recorded peaso wind r ico of such election and a anpy o't he band within 30 days cr such elec:mn in :he unclosed preadelres-,cd stamped envelope This information must be provided by you under Civil Cade Sections 85'36 8 8538 S•gred (clamant must encbso saNa lorvwrtl litam,w enwatopel PROOF OF NOTICE DECLARATION I Per(ahbail,.( nd(uJ, Colin, F I Isl I. JACQUELINE GUIRGUIS ddere Thal Lend aurya>of the Stop I'a?Inom NL,b.ean the parr)al the aJdra. and an it,, dela.hau it bet.... Tn Conoruction LenderN)wncri Public Entity/or Olher Person Iluiding ('instruction Funds: Inanpq cm QFnEUPOnrerwca @dc LR czpzan) of mdm. phial green oohed PURCHASINGIFACILITIES DEPT isddres.l 70O CIVIC CENTER DRIVE NEWPORT BEACH CA. 92260 (11:de) 7/2712022 Sip Pa) Item Notice.hould IN, .crvsd at the I'll I.... mg nwvhon ::d Tn:,n ,o. n, nnh:r thmi a:,.hh, "Int., Ili: ,,, ncr'. addrC.. .haL.0 .n it,,d r„ I,. nhfi, 1, the h„i'd.m prrm.t,.r a„m.o„n;ar Intl daed. Ilil Ina public cull). the ullire ul the puhltr autry aumul her nddrew .pvL itinl h)• the public rnitly m the .omrad or cI.L•LL hcrc lilr1Cn'1100l min,.. papenorolhard,xumenl, 1RevaPaynnnINuLL[Ihrapuhbr s.nrM..oNrnet of file date,.hall he em. ell IQ 11w the deparlmun Ih:n a,.an a the com0m 9.:avl lu a puhiu •albl) tither them the .loci la Ilse ollice of the: entmlIcr, e'.„door ur olhcr mihhL d:.hunmg oldeer, h,,.e duy it m. I„ mmnke o"ro'enl pu omit to the contrail lac ( IN if ( Lvla ;gti-1 li r lrorc Inlilrmmt,un) Ic) Tu a duct aonrm.IQr. al the runlnitor'..,ddre,, .ho, IN on the huddmp permit, on the din c, connect, or on the rraold. of Ilia (l,nic" tar.' \LJ. I ,; n.' R.vad In Iho Ibl loa if,,, tuanncr mhcek :q,I n Im;lw Is,,) t J 0) per.onal deh.en I N 10) Regntowd or ('cl-t Mail liamstigo prep:mp I I p.pre- nemd I f fh enuehl delncn' h) . an e.prc...rnue L ante, I dcChtc Linder penalty of'pepuq, Null the fbreeumF n tom and curial FACcOl `LI on 7/27122 �� (nhli,mtn altire ul person making L. C88 Forms (71121 9/29/22, 9:04 AM Batch 14751752 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder RECORDING REQUESTED BY AND 1111111111111111111111111111l111�111llllll111111l11111]111111111111111111 NO FEE WHEN RECORDED RETURN TO: - 5 R 0 0 1 3 9 8 z 3 e 8 $ 2022000319924 8:50 am 09/29/22 City'Clerk 9 Rw9A N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 100 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 Robert Clapper Construction Services, Inc., Rialto, California, as Contractor, entered into a Contract on November 10, 2020. Said Contract set forth certain improvements, as follows: Fire Station No. 2 Project - C-8269-2 Work on said Contract was completed, and was found to be acceptable on September 27 2022 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United States Fire Insurance Company. /\ Public Work"s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. j1��,( q Executed on ll D( to li�y2 at Newport Beach, California. lay Jy"J,l. .� t/WU♦ https://gs.secure-recording.com/Batch/Confirmation/14751752 1 /2 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 Robert Clapper Construction Services, Inc., Rialto, California, as Contractor, entered into a Contract on November 10, 2020. Said Contract set forth certain improvements, as follows: Fire Station No. 2 Project - C-8269-2 Work on said Contract was completed, and was found to be acceptable on September 27 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United States Fire Insurance Company. Public Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. y{ Executed on A��KA1 1i0 at Newport Beach, California. BY 494�s4wm , City Clerk LUMSER� J&W Lumber Co., Inc. 1179 W. Washington Ave Escondido, CA 92025 Notice To: RC CONSTRUCTION SERVH 2223 NORTH LOCUST AVE. RIALTO, CA 92377 OAK HOLLOW RESTORATION 444 SIXTH ST. NORCO, CA 92860 2022 SEP 22 AM 10: 55 C tEOtuoY OF NEWPORT Address where Materials Delivered ("Property"): NEWPORT BEACH FIRE STATION 2 2807 NEWPORT BLVD., NEWPORT BEACH, CA 92663 Owner: CITY OF NEWPORT 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 Certified Mail No:. USPS In' 7,9 zo mt> pqpq Ij2� NOTICE OF INTENT TO._)_IEN THIS IS NOT A LIEN ` . Sent TO: :ity Council y Manager _- ty Attorney _✓i-;;a PW Name and Mailing Address of Party Providing Notice and Selling Materials ("Noticing Party"): J&W Lumber Co.. Inc. 1179 W. Washington Ave Escondido, CA 92025 Description of Services or Materials Provided: Lumber / Building Materials Total Amount Owed to Notifying Party ("Debt'): The notice is procided to inform you that the Notifying Party has provied the above -described materials and/or services to the Property, and that payment for these services and/or materials, the "Debt," is due and owing to the Notifying Party. This is a notice to you that the Notifying Party is owed the Debt, and that payment has not been made to the Notifying Party on the Debt. 3,833.97 If payment is not made to the Notifying Party, a Claim of Lien, commonly known as a Mechanics Lien, will be filed against the Property i '(t n (15) days after delivery of this notice as per California Statutes. TO. `` NEWPORT BEACH Zenia Silvestre - Accounts Receivable Supervisor FIRE ADMINISTRATION Agent for Noticin arty SEP 2z022 Signed By: RECEIVED BY: Date: 1 Date y! Stop Payment Notice Copies Sent To: CALIFORNIA CIVIL CODE SECTION 8044 City Council City Manager I NOTICE TO: CITY OF NEWPORT BEACH____,,City Attorney (If Private Job res on �f4i��or person at office or branch of construction lender eft the construction funds or with the owner - [V Y, iQi�� DF, SECTIONS 8500 - 8560) TLJ (if Public Jot trfhv66 ♦U auditor, or other public disbursing officer whose duty it is to make payments under I i ppr provisions of the contract - CIVjI; TIONS 9350 - 9510) Direct Contractor: R.C. CONSTRUCTION SERVICES INC. Sub Contractor (If Any): n/a Owner or Public Body: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. 100 CIVIC CENTER DR., NEWPORT BEACH, CA 92658 Improvement known as NEWPORT BEACH FIRE STATION NO. 2 2807 NEWPORT BLVD., NEWPORT BEACH, CA 92663 County of ORANGE , State of California. MACK P&S CONSTRUCTION, INC. Claimant, a CORPORATION furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is R.C. CONSTRUCTION SERVICES, INC. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was: PLUMBING & SITE UTILITY INSTALLATION Total value of labor, service, equipment, or materials agreed to be furnished ................ $486,000.00 Total value of labor, service, equipment, or materials actually furnished is .................. $536,634.88 Credit for materials returned, if any................................................................ $0.00 Amount paid on account, if any..................................................................... $478,279.42 Amount due after deducting all just credits and offsets .......................................... $ 31,523.72 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $31,523.72 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) IS NOT attached. (Bond required with Stop Payment Notice served on construction lender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs) Date: 08/26/2022 Name of Claimant: M VERIFICATION I, the undersigned, state: I am the PROJECT ACCOUNTANT of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 08/26/2022 at WILDOMAR , State of California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8536 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Section 8538. Signed: ROCK • SAND • BASE MATERIALS READY MIX CONCRETE UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT (California Civil Code Section 8138) NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM, IDENTIFYING INFORMATION Name of Claimant: ROBERTSONS -Name of Customer; -',MANHOLE BUILDERS tNC Job Location: 2807 NEWPORT BEACH BLVD NEWPORT BEACH TRACT #: LOT #: FIRE STATION #2 Owner: CITY OF NEWPORT BEACH UNCONDITIONAL WAIVER AND RELEASE This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, 'unless listed as an EXCEPTION below. The claimant has been paid in full. EXCEPTIONS This document does not affect the following; Disputed claims for extras in the amount of: $0.00. SIGNATURE Claimant's Signature: Claimant,S Title: Date of Signature: 02/ 10601 211011 200 S. Mair, St., Ste. 200 - Corona, CA 92882 P.O. Box 3600 • Corona, CA 92878-3600 (951) 685.2200 • (800) 834-7557 - Fax (951) 280-1409 Date 3/71-Z Copies Sent To: City Council City Manager Ity Attorney V-ZlFC7i!e 01 3:20-24 L -,) d� U C5 ;a r. 7-0 f'rl I �i --J a u' 3 i Z19 {i7 MF co C:7 >rq O S � C- Fl07-Gy-p2A STOP PAYMENT NOTICE R,F IVEn (California Civil Code Section 8044) I NOTICE TO: CITY OF NEWPORT BEACH 2022 FED 28 AM 8: 14 100 CIVIC CENTER DR NEWPORT B �fl VCLERK'a OrrICE (If Private Job -file with responsible officer orCTES„ r15- �eYrg�n", fffREQW)pr branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 8500-8560) (If Public Job -file with office of controller, auditor or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 9350-9510)"^`> Alslg�,27- Direct Contractor: R.C. CONSTRUCTION INC Copies Se!?t To: Sub Contractor (If Any): MANHOLE BUILDERS INC �= y COUncll Owner or Public Body: CITY OF NEWPORT BEACH — City Manager Improvement known as: 2807 NEWPORT BEACH BLVD City Attorney County of ORANGE State of California. &,,O Robertson's, Claimant, a Partnership, furnished certain labor service equipment, or materials used in the above described work of improve- ment. The name of the person or company to whom claimant furnished service, equipment, or materials is: MANHOLE BUILDERS INC The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and/or sand materials. Total value of labor,service,materials to be furnished ..... $ 655.80 Total value of labor,service,materials actually furnished..$ 655.80 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any., ........................... $ 0.00 Amount due after deducting all just credits and offsets .... $ 655.80 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 655.80 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) is/is not attached. (Bond required with Stop Payment Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Payment Notice served on owner on private job). Name and address of Claimant: ROBERTSON'S, P.O. Box 3600, Corona, Ca.,,,92878 (951)685-2200 Dated: 12/28/21 99 VERIFICATION I, the undersigned, state: I am the agent of the claimant named in qhe foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California t the foregoing is true and correct. Executed on 12/28/21 at Corop , State of,�alifornia. If Signature of Claimant/Agent Dfl STOP PAYMENT NOTICE - PROOF OF SERVICE The undersigned declares as follows: I am over the age of 18, and employed by Robertson's, whose business address is 200 South Main Steet, Suite 200, Corona, California 92882. I am employed in the County of Riverside, where this mailing occurs, and not a party to this action. On the date shown below, in the City of Corona, I served the within Stop Payment Notice, sealed in an envelope and deposited in the mail in the manner prescribed by law, by first class registered or certified mail, posAge fully prepaid, to the person(s) at the addresses shown thereon. 217�z1 Date CALIFORNIA PRELIMINARY NOTICE *****PLEASE ISSUE JOINT CHECKS***** NUI I( I IN II F:RF.IIh (.IN EN thin: ROBERTSON'S 200 S MAIN ST CORONA CA 92882 (951)685-2200 Ra. n. n ill Furni'll labur, e I% il equipnu•n I.n. nut ct inl., genet nlR dc'e'ibed nv READY MIX CONCRETE, ROCK & SAND 'Whefurnished in lurnkhed far t he building, in,clute nr the nail, n1impra.e lellI de'eribetl aN Ill 2807 NEWPORT BEACH BLVD NEWPORT BEACH J.C.N. # 211011 Tract No. Lot No.FIRE STATION it2 Cert Num: 21137712 Name of I'enon nr Fit in oho coni'acled for purchaw ill the lahut. wi, ice.. equipment, or malerinh iv MANHOLE BUILDERS INC 11762 DE PALMA RD.0 1-C PMB234 CORONA CA 92883 %n rNim:Re nrthe local price of wid labor. wn iee%. cquipmenl or nm terinh iw 2, 623.20 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that Is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice Is not Intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this noUce. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. ON %ER OR RFPI' I k n O\\ NFR OR I'L FRA '.%(;EN('A CITY OF NEWPORT BEACH 100 CIVIC CENTER DR NEWPORT BEACH CA 92658 I FNIIFR OR REP Irr F. 11LENDER DI RF('"I (IR RI'Fitt, rFl) DI R6( 1 ( ON'rRA('TOR R.C. CONSTRUCTION INC 2223 N LOCUST AVE RIALTO CA 92377 Still( 'ONI'R\('TUR 01h ,hon, clainninI hit,cn.11uded MACK CONSTRUCTION 32020 CORYDON RD WTLDOMAR CA 925,95 \I',O NO'I'I FI FII I'FN \N'I' OR HONDI N((AGEN 1 CN13 Public Works NOV 15 2021 Received IRI'N I' I I;d DN TO N 111('11 SIrFIA'h1RN I'AI, FRI NGF: RFRRFI I S ARF: PAN ARLF Pruol' All, Seri ice i hi......lo..gn.. Id" L.", n.Jalhm. I .mi m ei the Rubahnn.. , hu.c bu.otn.. e.kh,- i. 4011 South Nl.ini Street. Sun, 21 M). ('unit.,, ('db I....ue 928K2 I nm inpimnl in the(num. of R n vntdr,hoed... ro... Imp.... m. and nm ap,w. n1lhn.i...on On thedntr.lwxn belaa.mlhe('in nl 0"onu. l.ciwdthc wnlmt(Will nia l'ielnnut... Nnmc. .a.Jo.LnW tl"> "neJ m the rn.nl ill the 111.1111¢: pu.u:W.l h. Lie 1" lu.t Je.. in'nta.dui .nuh.d mad hntngc lulh ptquuA iuthr ,nnnni,n tha,eWrc.....hu.. n thus.... DELLA RUMSEY N:une Uah• 10/26/2021 CsA, 01 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 2:00 PM on the 22 day of October, 2020, at which time such bids shall be opened and read for NEWPORT BEACH FIRE STATION NO. 2 Contract No. C-8269-2 $7,900,000 Engineer's Estimate � SEW PO�� U 1 c�trr-osk, Approved by .r - James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanyID=22078 VOLUNTARY PRE-BID SITE WALK: A voluntary job walk will be conducted for this project on October 8, 2020 at 10:00 AM at 2807 Newport Boulevard, 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: "B" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. C-8269-2 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover NOTICEINVITING BIDS........................................................................................................................ 1 NEWPORT BEACH FIRE STATION NO. 2..................................................................................................................5 ContractNo. C-8269-1............................................................................................................................................5 INSTRUCTIONSTO BIDDERS...................................................................................................................................5 BIDDER'S BOND.....................................................................................................................................................8 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT.............................................................................................11 BIDDER'S NAME...................................................................................................................................12 AGENCYNAME......................................................................................................................................12 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL, PLEASE EXPLAIN (CHANGE ORDERS, EXTRA WORK, ETC.).........................................................................................................12 AGENCYNAME......................................................................................................................................14 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL, PLEASE EXPLAIN (CHANGE ORDERS, EXTRA WORK, ETC.).........................................................................................................14 AGENCYNAME......................................................................................................................................14 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL, PLEASE EXPLAIN (CHANGE ORDERS, EXTRA WORK, ETC.).........................................................................................................14 AGENCYNAME......................................................................................................................................15 IF FINAL AMOUNT IS DIFFERENT FROM ORIGINAL, PLEASE EXPLAIN (CHANGE ORDERS, EXTRA WORK, ETC.).........................................................................................................15 2 City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. C-8269-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed 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, 211 Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 6 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand_ C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewe—d President '716'719 B, C-8 ��-'{._:i< .. Contractor's License No. & Classification Aufhorized Signature/Title 1000002662 June 30,2022 DIR Registration Number & Expiration Date Robert Clapper Construction Services, Inc. Bidder 7 October 22, 2020 Date City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Bid Amount Dollars ($ 10% of the total bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Newport Beach Fire Station No. 2, Contract No. 8269-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 19th day of October , 2020. Robert Clapper Construction Services, Inc. DBA R C Construction Services Robert W. Cla per, President Name of Contractor (Principal) orized Signature/Title Url;ted States Fire Insurance Company Name, of Surety 305 Madison Avenue, Morristown, NJ 07962 Address of Surety 973-490-6600 Telephone Irene Luong, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & SuretV must be attached) A CALIFORNIA. •. ..-...-...�. ._. _y ..............• .... •.......:-.... •,:.. .�,.. ati ..•..5a�q. .Z",,.��.ssssa,���-Sr'=� `ak=g�=s�*��s=x.>'-r=�= 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 San Bernardino fi f On Cje o�e av `) f% before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Clapper Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL COMM. # 2300661 z z ° ® 'NOTARY PUBLIC -CALIFORNIA C SAN BERNARDINO COUNTY My Comm. Expires August 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature / Signature of otary Public WV I w3v+& Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: National(02019 • . • • Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE 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 f l€ j before me, Robyn R. Kargari Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared ROBYN R. KARGARI ® OTTARY PUBLIC C2ALF0 NIIA � ' ORANGE COUNTY CO) MY COMM. EXP, JULY 134 2023 Irene Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha7aicial seal. , Signature Place Notary Seal Above 9 -atm of o ary Pub c Robyn R. Kargari OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRiSTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Yung T. Mallick, James W. Moilanen, Irene Luong, P. Austin Neff, Stephanie Hoang, Emilie George each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-in-Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article 111, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10°i day of March, 2016. UNITED STATES FIRE INSURANCE COMPANY Anthony R. Slimowicz, Executive Vice President State of New Jersey) County of Morris ) On this 10'h day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that lie executed the foregoing instrument and affixed the seal of United States Fire insurance Company thereto by the authority of his office. SONIA SCALA f�;d de'ja' NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 r4o.2163686 1, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the1erh day of October 20 20 UNITED STATES FiRE INSURANCE COMPANY Peter M. Quinn, Senior Vice President STATE OF CALIFORNIA _ DEPARTMENT OF INSURANCE N4 07812 SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, United States Fire Insurance Company Of Wilmington, Delaware , organized under the laws of Delaware subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, 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 laws of the State cf California 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 31st day of December2003 1 have hereunto set my hand and caused my official seal to be affixed this 31st day of december , 2003 By NOTICE: Qualification with the Secretary of State must be accomplished as after issuance of this Certificate of Authority. Failure to do so will grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CB -3 OSP 00 39391 City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 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. Robert Clapper Construction Services, Inc. %r. President Bidder Authorized Signature/Title 11 City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Robert Clapper Construction Services, Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. The successful bidder shall demonstrate knowledge of public works essential facility construction techniques. Bidders shall show the ability to perform similarly -sized construction having worked or currently working on three (3) California public agency essential facilities (hospital, fire/police station) projects in excess of $5,000,000 in the past five (5) years. The projects shall have been complete construction; tenant improvements can be considered as experience but shall not be included as any of the three (3) essential facility projects. Bidders with no essential facility experience shall be consider ed non- responsive. Failure to comply with this requirement and to provide full, truthful, and complete answers may cause the bidder to be determined not responsible, or the bidder's bid non-responsive and subject to rejection. Provide the following information: No. 1 Project Name/Number Monterey Park Fire Station No. 62 Project Description Demolition of existing residential house and construction of a new Fire Station. Approximate Construction Dates: From 8/10/20 Agency Name City of Monterey Park Contact Person Frank Lopez To: 8/5/21 Telephone (623) 307-1320 Original Contract Amount $_5,_128,000 Final Contract Amount $ 5,128,000 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. 12 No claims filed. 13 No. 2 Project Name/Number RC Public Safety Facility Project Description New 16,274 sq ft Fire Station w/Sheriff Substation and 4,297 sq ft Storage Garage. Approximate Construction Dates: From 8/14/19 To: 1/15/21 Agency Name RCFPD - City of Rancho Cucamonga Contact Person Brandon Hamlett Telephone (760) 715-3712 Original Contract Amount $13,553,000 Final Contract Amount $ 13,553,000 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 claims filed. No. 3 Project Name/Number Ontario Fire Training Facility Project Description New construction of a 10,476 sq ft fire training facility. Approximate Construction Dates: From 4/1/19 To: 6/12/20 Agency Name City of Ontario Contact Person Dave Simpson Telephone (9091 395-2185 Original Contract Amount $8,282,610 Final Contract Amount $_8,677,610 If final amount is different from original, please explain (change orders, extra work, etc.) Added scope or extra work. 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 claims filed. 14 No. 4 Project Name/Number Horseshoe Development and Fire Station No. 1 Project Description New Fire Station and 8 Acres Site Improvements with streets and utilities for future development. Approximate Construction Dates: From 11/30/18 To: 5/31/19 Agency Name _ Soboba Band of Luiseno Indians Contact Person Michael Castillo Telephone ( 951) 654-5544 Original Contract Amount $±.,991,050 Final Contract Amount $ 701,322 If final amount is different from original, please explain (change orders, extra work, etc.) Added scope or extra work. 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 claims filed. No. 5 Project Name/Number Rancho Cucamonga Fire Training Facility New construction of a 9,00o sq ft warehouse, 15,750 sq ft Masonry Training Facility and Project Description 9,00o sq ft Training House Approximate Construction Dates: From 8/22/i6 To: 4/30/18 Agency Name City of Rancho Cucamonga Contact Person Michael Courtney Telephone (909) 239-6617 Original Contract Amount $14,968,000Final Contract Amount $ 15,621,346 If final amount is different from original, please explain (change orders, extra work, etc.) Added scope or extra work. 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 claims filed. 15 No. 6 Project Name/Number Rialto Fire Station 205 Project Description Site work and clearing for the New Construction of a Fire Station. Approximate Construction Dates: From 12/2/19 To: 1/2021 Agency Name CityofRialto Contact Person Michael Tahan Telephone (gog) 421-7229 Original Contract Amount $s,�47,000 Final Contract Amount $ 3,24.3,000 If final amount is different from original, please explain (change orders, extra work, etc.) Added scope or extra work. 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 claims filed. 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. Robert Clapper Construction Services, Inc. President Bidder Authorized Signat re/Title 16 Education: B.A. Business 2012 University of Redlands, Redlands, CA A.A Chaffey College 2002-2003 CONSTRUCTION SERVICES, INC. Bio: Jon Wollam is experienced at all levels of general contracting and construction management on education and civic projects. He is capable of managing teams on technically complex, schedule -intensive, and budget -challenged projects from preconstruction through owner occupancy. Jon is a LEED Accredited Professional and is Executive Treasurer on the Board for the USGBC Inland Empire Chapter. In addition to his ability to build sustainable projects and be a valued member of the sustainable design -build team, additional values Jon brings to his role as Project Manager are excellent schedule and budget management aptitudes. Jon helps clients avoid the hat -in -hand scenario by providing value engineering and constructability consulting ahead of construction and along the way — searching for the best way to accommodate clients' changing circumstances with minimal construction schedule and budget impact. United States Militan, Relevant Project Experience: Academy, west Point, NY Ontario Fire Training Center, Ontario, CA 2000-2001 Description: New Fire Training facility, four buildings used for Training fire fighters and law enforcement personnel and one existing building remodel with related site work. Certifications: The buildings range in height from single story to six stories high, with underground LEED Accredited confined space training tunnels, that are designed to be destroyed and replaced. The Professional training buildings are concrete block with concrete floors, interior finishes and lighting. The Remodeled building consisted of new restrooms and updating two classrooms. AGC Certified Firm: RC Construction Journeyman Carpenter Role: Project Manager OSHA 3o Hour Training Dates: 2oi9-Current CPR / First Aid Soboba Fire Station, San Jacinto, CA Certification Description: Horseshoe development and Fire Station No 1 New Construction of 3 bay, 13,400 sqft fire station with all new utilities, street improvements to the project and future medical clinic and commissary building. Station houses 10 person living quarters includes ten beds with lockers, four offices, conference room, kitchen, day room, laundry, seven bath rooms, and a barbeque patio Firm: RC Construction Role: Project Manager Dates: 2018-2019 Rancho Fire Training Center, Rancho Cucamonga, CA Description: New Fire Training facility with demolition of existing structures, and new construction of 3 bldgs. 9,000 sqft Warehouse Storage Building 15,750 sqft Masonry Training Facility with confined space training and multiple fire props, and 9000 sqt Training House with separate fire props and Fuel island. Firm: RC Construction Role: Project Manager Dates: 2o16-2017 Certifications: SWPP (Storm Water Pollution Prevention Plan) Jobsite Logistics Crane rigging & Safety Footings & Foundations CONSTRUCTION SERVICES, INC. Bio: With over 30 years of experience Jeff is well versed in ground up construction, re -modernizations of school projects, commercial public works projects, tenant improvements and site work experience. Jeff has worked as a project superintendent throughout California and has a viable track record for keeping project on time and under budget. His experience in estimating, supervising field labor and equipment, coordinating subcontractors, scheduling field surveys, coordinating with quality -control field personnel, and interfacing with owners and engineering staff make him a valuable team partner. In addition to strong team -building skills and abilities managing in -the -field activities to accomplish maximum results and timely completion of projects - Jeff is an effective, innovative problem solver - able to respond to anything obstructing the flow of his schedule. Scaffolding Recent Project Experience: OSHA 3o and 10 Hour RC Public Safety Facility, Rancho Cucamonga CA Training Description: $14 Million New Construction of a 16,274 square foot Fire Station with Sheriff Substation, fuel island, carport canopy, site improvements, onsite and offsite CPR / First Aid underground utilities and an additional 4,297 square foot detached evidence garage Certification with related site work on 2.4 acres Firm: RC Construction Role: Project Superintendent Dates: 2o19 -Current Professional Training Center and Board Room, Description: $12 Million Lease -Leaseback New Construction of a Multi - Purpose Training Center and Boardroom for the El Monte City School District, and modernization of the High School Stadium with the addition of restroom buildings, concession stands, and storage buildings. New entrance monuments, and all upgraded utilities and parking lots. Firm: RC Construction Role: Project Superintendent Dates: 2018-2019 Rancho Fire Training Center, Rancho Cucamonga, CA Description: New Fire Training facility with demolition of existing structures, and new construction of 3 bldgs. 9,000 sqft Warehouse Storage Building 15,750 sqft Masonry Training Facility with confined space training and multiple fire props, and 9000 sqt Training House with separate fire props and Fuel island. Firm: RC Construction Role: Project Superintendent Dates: 2o16-2017 City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of San Bernardino) Robert W. Clapper being first duly sworn, deposes and says that he or she is President of R.C. Construction Services. Inc, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Robert Clapper Construction Services, Inc. President Bidder Authorize�Signatureftitle Subscribed and sworn to (or affirmed) before me on this 22nd day of October 12020 by Robert W. Clapper proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 17 Notary Public My Commission Expires: CALIFORNIA JURAT GOVERNMENT CODE § 8202 .,,.,.�,.�...,.�.�.......,,.,.uf;:;��,`U',;:.,�,....a�;�::::v;��r:-:i;t::s���:';ti;�`�5�:';�;�:s,�i:r;"�,�...�'s,;�v;;r>•r.;s.: ,�};,;s`�. ;,�;..�,�.;,,r..p ;.,.,,.. ,.5;. 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 Countyof San Bernardino q KIMBERLY HALL COMM. #2300661 z ZWMY NOTARY PUBLIC - CALIFORNIA -C SAN BERNARDINO COUNTY -' Comm. Expires August s, 2023 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or.affirmed) before me on this :�'� day of ( % ' ice 20 20 , by Date Month Yeor (1) Robert W Clapper (and (2) Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public yr i wrvrAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ;b.,'��`.,,.,.�;�;"s.,,.,, �F=.a:�F=;i:"�'s'&':."'.'w;+_;.;;�_: �:.�,� . ;r,�s. s;�: , :•re.• :•s:• :•r,: - ,;.�.:.•s:•;.+r.•� , c:•^ - :�a•::,a:• ;•r.•' ;�r,•� - - ;u�•r•: :•st ©2019 National Notary Association City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 DESIGNATION OF SURETIES Bidder's name Robert Clapper Construction Services 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): Insurance Agent - Owen Dunn Insurance Services - Coreen Hoffman 1455 Response Rd., Sacramento, CA 95815 (916) 993-2717 Zurich American Insurance 777 South Figueroa St., Suite 3900, Los Angeles, CA 90017 (213) 270-o600 Bonding Agent - The Bond Exchange - James Moilanen 24800 Chrisanta Drive, Suite 16o, Mission Viejo, CA 92691 (949) 461-7003 Surety - United States Fire Insurance Company 305 Madison Ave., Morristown, NJ 07962 (973) 490-6600 ig City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Robert Clapper Construction Services, 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. 19 Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts 9 34 22 15 42 32 154 Total dollar Amount of $9,358,607 $61,627,789$43,588,688 $31,868,659 $87,155,761 $33,573,106 $267,172,610 Contracts (in Thousands of $ No. of fatalities o 0 0 0 0 0 0 No. of lost Workday Cases 0 2 1 3 0 1 7 No. of lost workday cases involving permanent transfer to 0 0 1 2 1 1 5 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. 19 Legal Business Name of Bidder Robert Clapper Construction Services Inc. Business Address: 222,1 N. Locust Ave. Rialto CA 92377 Business Tel. No.: (909) 829-3688 State Contractor's License No. and Classification: Z167iq B C-8 Title W V.-? & � 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. Signatt b SignatL b vuw Title Signature of bidder Date Title Signature of bidder Date Title VI;IUUCl GZ, 2020 Secretary 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 20 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 �•,,,.�3::i;�:�.,,_•.:Cf�;.,..;kr.=f :,;+t;:%, :;=r,_:=r=.;r;!::�;;s ;•r,=rw� :=g•sv:•a•r- - ^v;•r,•;•!as^ r•�=.;�r,'^-•r.=^ - ;•s.'t:•:•r:= 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 l County of San Bernardino J} On _��?'/�3C'�' -, ��G� before me, Kimberly Hall, Notary Public Dote Here Insert Name and Title of the Officer personally appeared Robert W. Clapper and Brianne Brissette Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL COMM. # 2300661 'z Z ° NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires August 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: . .-':'T`:: ,R}f`.'R�- t+fi;T•.!S2�TJ::!T.•`S:�S`• i'V: f:' - - ?!f:' �•1.=:!F=..^.!.lR=R+-'•f:' -"S:' -.`f.•f'!.'A+S'M`.'f:knM^.'S2A1:4:' _ _ _ _ _ r02019 National Notary Association City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Robert Clapper Construction Services, 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 ig nature 1 lo/16/20 ( �' 21 City of Newport Beach NEWPORT BEACH FIRE STATION NO.2 Contract No. 8269-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Robert Clapper Construction Services, Inc. Business Address: 222 N. Locust Ave., Rialto CA 92377 Telephone and Fax Number: _(909) 829-3688 Fax: ( 09) 829-3696 California State Contractor's License No. and Class: 716719 B, C-8 (REQUIRED AT TIME OF AWARD) Original Date Issued: 12/26/95 Expiration Date: 12/31/21 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: Brad McMurray - Chief Estimator 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 Robert W. Clapper President 2223 N. Locust Ave., Rialto, CA 92377 (9o9) 829-3688 Brianne Brissette Secretary 2223 N. Locust Ave., Rialto, CA 92377 (9o9) 829-3688 Corporation organized under the laws of the State of California 22 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Robert Clapper Construction Services, Inc. dba R.C. Construction Services For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 23 Are any claims or actions unresolved or outstanding? Yes ksD If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Robert Clapper Construction Services, Inc. Bidder Robert W. Clapper (Print name of Owner or President of Corp rafilunlG mpany) President Autharize CSignature/Title\ President Title October 22, 2020 Date On October 22. 2020 before me, Kimberly Hall Notary Public, personally appeared r v . tjaI212er , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 24 (SEAL) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ",,%5.:�;r.':i;u;ss,`...,`r..,:.,.�::,;`:,,^:S..w,ti�,v;iib��''r.3;�.�::ic:�:�':,�'''..".Y�:�;3:�,`i,.::�:s.'�:£is�.�e�.`�,'F.s.s:��;;`.."s'::.�;'.,�':z:as.;.v.•�;,,,,,,,,,;,;,s=`w.:�::��;�;�:�';F.s.�'..,s..,.,. 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 1 Count; f San ,Bernardinno J On �)C-( 4' C�/Cl��r �`� before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Clapper Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL COMM. # 2300661 z Z ' NOTARY PUBLIC - CALIFORNIA K SAN BERNARDINO COUNTY My COmm. EXpires August 8, 2p23 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig nature�/YYu—" �l Signature o Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ss;•t;• vsrrs•s:•^ - - •:r.vr,•;,.;: :.+^,.•rte^ - :•r.•r ;•c;•::u.• �:v;•� :'.e•. - z•s•„�.^.•s;•t; :^. -tsr sa;=s:• :•s�a.r, •a•,-. - - ©2019 National Notary Association NEWPORT BEACH FIRE STATION NO. 2 CONTRACT NO. 8269-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of November, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ROBERT CLAPPER CONSTRUCTION SERVICES, INC., a California corporation ("Contractor"), whose address is 2223 N. Locust Ave. Rialto, California 92377, 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 completion of this contract consisting of: obtaining City Building Permits; removing and disposing of the existing on/off-site improvements; surveying; WQMP; constructing new Fire Station, public restrooms and the associated utilities; constructing on/off-site improvements; containing all construction debris onsite; removing and disposing of errant debris; arranging and coordinating with utility companies and U.S. Digital (alerting system) installations; testing for building water tightness; and landscaping establishment and maintenance (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. 8269-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Six Million Two Hundred Eighty Nine Thousand Dollars and 00/100 ($6,289,000.00). 3.2 This compensation includes.- 3.2.1 ncludes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Robert W. Clapper 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. Robert Clapper Construction Services, Inc. Page 2 Attention: Robert W. Clapper Robert Clapper Construction Services, Inc. 2223 N. Locust Ave. Rialto, CA 92377 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. Robert Clapper Construction Services, Inc. Page 4 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: 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: Robert Clapper Construction Services, Inc. Page 3 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the 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 Robert Clapper Construction Services, Inc. Page 5 City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 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. Robert Clapper Construction Services, Inc. Page 6 Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 Robert Clapper Construction Services, Inc. Page 7 cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. 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. Robert Clapper Construction Services, Inc. Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 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] Robert Clapper Construction Services, 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 ATTO E CS OFFICE Date: 11 l6 2v By: �a✓ A on a 2o ity for ATTEST: /�� I/. AW Date:_ BrownLeilani 1. City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: - �4� Bra every Mayor CONTRACTOR: ROBERT CLAPPER CONSTRUCTION SERVICES, INC., a California corporation Date: Signed in Counterpart By: Robert W. Clapper Chief Executive Officer Date: Signed in Counterpart By: Brianne Brissette Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Robert Clapper Construction Services, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / f � By: A on ar +t•Ib•1 ity orn ATTEST: Date: so Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: ROBERT CLAPPER CONSTRUCTION SERVICES, INC., a California cor oration Dater By: Robert W. Clapper Chief Executive Officer Date: B Brianne Brissette Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Robert Clapper Construction Services, Inc. Page 10 CALIFORNIA. •. ,:...:-:•�� r .: ..�..,c^` ..a�,..."?.�..:' :.. -.F:: ..e-s::"�sz.��:x.°r.'.3:�;::::��.5°�6K:y.�.S:.::,:•e.a.^;..�-::�.uw.�ct'Q.":S:w'�iz.�.•"�:-'�:::.: xn;:..:,.va�:::;rs•.:: 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 San DDBernardino 1 � before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Clapper and Brianne Brissette Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL . COMM. # 2300661 Z Z ` o NOTARY PUBLIC - CAUFORNIAK SAN BERNARDINO COUNTY My Comm. Expires August 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature rl�4/ �T Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: .. ... .. .oa+:.- .v.. . • .:. ..:.'•.. 'z.. ' ..:'zi: '�jr_^a?.. gra^IV..`.S^:,o..s-:-S'•s ,E`.,c"�°:::'re 0 •NationalNotary • • Premium included in Performance Bond Executed in Triplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 6131022948 LABOR AND MATERIALS PAYMENT BOND "DBA R C Construction Services WHEREAS, the City of Newport Beach, State of California, has awarded to Robert Clapper Construction Services, Inc* hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of: Obtaining City Building Permits; removing and disposing of the existing on/off-site improvements; surveying; WQMP; constructing new Fire Station, public restrooms and the associated utilities; constructing on/off-site improvements; containing all construction debris onsite; removing and disposing of errant debris; arranging and coordinating with utility companies and U.S. Digital (alerting system) installations; testing for building water tightness; and landscaping establishment and maintenance, for Newport Beach Fire Station No. 2, Contract No. 8269-2, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, United States Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Six Million Two Hundred Eighty Nine Thousand Dollars and 001100 ($6,289,000.00) 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. Robert Clapper Construction Services, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November , 2020 . Robert Clapper Construction Services, Inc. DBA R C Construction Services tapper, President Name of Contractor (Principal) Autho ' Signatule DiLiieA tates Fire Insurance Company Name of Surety A t tybirized Age Sigr} ure 305 Madison Avenue Morristown NJ 07962 Irene Luona. Attor Address of Surety Print Name and 973-490-6600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'SFFICE Date: (�/ Q Z C By: Aar& C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Robert Clapper Construction Services, Inc. Page A-2 CALIFORNIAACKNOWLEDGMENT CIVIL C• 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 San Bernardino 1 on L 11 before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Clapper Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL COMM. # 2300661 z Z NOTARY PUBLIC - CALIFORNIA r SAN BERNARDINO COUNTY My Comm. Expires August 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �-, 1-11�a Signatu e of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: : - - ..,. `ir$�. •ix"..v�SE+E:.ti;"Z•,,, •.S^K -, �:e�........ • .:�4.'S?:K ;.N��..;,:K : T1s`^. 0,2019 National• Association CALIFORNIA ALL-PURPOSE 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 Date before me, Robyn R. Kargari , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) A4y�4OF tNF'A ROBYN R. KARGARI •a COMM. # 2296844 X NOTARY PUBLIC -CALIFORNIA tg ORANGE COUNTY N MY COMM. EXP. JULY 13, 2023 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 han da ficial seal. Signature Place Notary Seal Above igna of No ary Pu lic obyn R. Kargari OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer --Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing- POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Stephanie Hoang, Emilie George each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10`h day of March, 2016. UNITED STATES FIRE INSURANCE COMPANY �t t Anthony R. Slimowicz, Executive Vice President State of New Jersey) County of Morris ) On this 10`h day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA ' /4,1,L, NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 19thday of November 20 20 UNITED STATES FIRE INSURANCE COMPANY Peter M. Quinn, Senior Vice President Premium is subject to change based on the final contract amount Executed in Triplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 6131022948 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 48,056.00 , being at the For First $100,000-$14.40, For Next $400,000- $13.92 rate of $ For Next $2.000.000 - $8.35 For Next $2.500.000 - $6.62 thousand of the Contract price. For Next $1,289,000 - $6.05 *DBA R C Construction Services WHEREAS, the City of Newport Beach, State of California, has awarded to Robert Clapper Construction Services, Inc! hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of: Obtaining City Building Permits; removing and disposing of the existing on/off-site improvements; surveying; WQMP; constructing new Fire Station, public restrooms and the associated utilities; constructing on/off-site improvements; containing all construction debris onsite; removing and disposing of errant debris; arranging and coordinating with utility companies and U.S. Digital (alerting system) installations; testing for building water tightness; and landscaping establishment and maintenance, for Newport Beach Fire Station No. 2, Contract No. 8269-2, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and United States Fire Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Million Two Hundred Eighty Nine Thousand Dollars and 00/100 ($6,289,000.00) 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. Robert Clapper Construction Services, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1 ath day of November 2020 . Robert Clapper Construction Services, Inc. DBA R C Construction Services Name of Contractor (Principal) Drill - States Fire Insurance Company Name of Surety 305 Madison Avenue, Morristown NJ 07962 Address ot Surety 973-490-6600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z % ,9� 2 d' -2 - By: Aaron C. Harp City Attorney , President NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Robert Clapper Construction Services, Inc. Page B-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 2�ekPcP� r,r -xig -.� X, 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 San Bernardino On D!4r,t"Lfr JI 9"D& before me, Kimberly Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert W. Clapper Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KIMBERLY HALL < < COMM. # 2300661 Z :. Z • 'NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires August 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public yr, i iWIM04L Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ,•..rr, sr.SH.."r.5�:rx„^. .�o-,.. gc'�r^`�:.?�r�.:*zv��.v. ^.�s :,::^y..•..:�5?�;..>.°::o}.:�i.'v.�c:�:v"3w^:;ivn::r*... E.S�.:• .a�E •�'ti�s'•�D�L't' (92019 National Notary• • CALIFORNIA ALL-PURPOSE 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 Date before me, Robyn R. Kargari , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) N �y�4OF �NF�i ROBYN R. ZRGARI +� COMM. # 2296844 X NOTARY PUBLIC -CALIFORNIA X OCr ORANGE COUNTY N +� MY COMM, EXP, JULY 13, 2023 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha n i:ZZ_24 il l Signature _ _ _ Place Notary Seal Aboveo otary Pubic Robyn R. Kargari OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Stephanie Hoang, Emilie George each, its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2021. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10°i day of March, 2016. UNITED STATES FIRE INSURANCE COMPANY is 0 Anthony R. Slimowicz, Executive Vice President State of New Jersey) County of Morris ) On this 10`h day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALAl- . 144,141 NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 19thday of November 20 20 UNITED STATES FIRE INSURANCE COMPANY Peter M. Quinn, Senior Vice President EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Robert Clapper Construction Services, 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each Robert Clapper Construction Services, Inc. Page C-2 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. 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 Robert Clapper Construction Services, Inc. Page C-3 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 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. TimeIV 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. Robert Clapper Construction Services, Inc. Page C-4 J. Coveraqe 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. Robert Clapper Construction Services, Inc. Page C-5 City of Newport Beach NEWPORT BEACH FIRE STATION NO. 2 Contract No. 8269-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8269-1 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: October 22, 2020 Date (909) 829-3688 Fax: (9o9) 829-3696 Bidder's Telephone and Fax Numbers 716719 B, C-8 Bidder's License No(s). and Classifications) 1000002662 DIR Registration Number Robert Clapper Construction Services, Inc. Bids r President Bidder's Authorized Signature and Title 2223 N. Locust Ave., Rialto, CA 92377 Bidder's Address Bidder's email address: bob.clapper@rcconstruction.com rcconstruction.com PR -1 City of Newport Beach Page 1 Newport Beach Fire Station No. 2 (8269-2), bidding on October 22, 2020 2:00 PM (Pacific) Printed 10/22/2020 Bid Results Bidder Details Vendor Name R.C. Construction Services Inc Address 2223 N Locust Ave Rialto, CA 92377 United States Respondee Brooke Wollam Respondee Title Preconstruction Services Phone 909-829-3688 Ext. Email bids@rcconstruction.com Vendor Type CADIR License # 716719 CADIR 1000002662 Bid Detail Bid Format Electronic Submitted October 22, 2020 1:54:03 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 231867 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C-8269-2 RC Construction Bid Submittal C-8269-2 RC Construction pdf General Attachment Bid Bond C-8269-2 RC Construction Bid Bond C-8269-2 RC Construction. pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Fire Station No. 2 Building LS 1 $6,280,000.00 $6,280.000.00 2 60 -Day Planet Establishment and Maintenance Period LS 1 $4,000.00 $4,000.00 3 Provide As -Built Plans and Close -Out Documents LS 1 $5;000.00 $5,000.00 Subtotal $6,289,000.00 Total $6,289,000.00 Subcontractors Name & Address Description License Num CADIR Amount Type Commercial Roofing Systems, Roofing 591222 1000000838 $92,553.00 CADIR Inc. 11735 Goldring Road Arcadia, CA 91006 United States City of Newport Beach Page 2 Newport Beach Fire Station No. 2 (8269-2), bidding on October 22, 2020 2:00 PM (Pacific) Printed 10/22/2020 Bid Results Name & Address Description License Num CADIR Amount Type Optima RPM Finish Carpentry 961714 1000013611 $320,000.00 CADIR 17945 Sky Park Circle Suite D Irvine, CA 92614 United States Newhouse Construction Masonry 648103 1000548424 $87.098.43 Services 10704 Valley Drive Riverside, CA 92505 United States Bennett Landscape Landscape &Irrigation 479003 1000006863 $38,000.00 25889 Belle Porte Avenue Harbor City, CA 90710 United States Oak Hollow Restoration, Inc. Rough Carpentry & Siding 1051967 1000364957 $975,300.00 32438 Oak Hollow Ct. Wildomar, CA 92595 United States Inland Pacific Coatings Painting 585185 1000043948 $46,424.00 3556 Lytle Creek Rd. Lytle Creek, CA 92358 United States Shelton Fire Protection Fire Suppresion 677631 1000004535 $57,520.00 Company 22745 La Palma Ave. Yorba Linda, CA 92887 United States Upland Contracting Inc. Reber 481317 1000002198 $60;859.00 P O Box 3877 Ontario , CA 91761 United States PGC Construction Inc Sheet Metal 829086 1000036314 $101,500.00 42309 Winchester Rd. Ste. C Temecula, CA 92591 United States STONCOR GROUP INC. Epoxy Flooring 256840 1000010163 $94;500.G0 1000 East park ave. maple shade maple shade, NJ 08052 United States Slater Glass & Mirror Glazing 893323 1000004146 $89,900.00 145 E. Saint Joseph St. Arcadia, CA 91006 United States National Garage Door Co. Four-Fold Doors 902465 1000004144 $137,612.00 3185 Fitzgerald Rd Rancho Cordova, CA 95742 United States Troy's Ornamental Iron Craft, Structural Steel & Metal Fab 945177 1000412581 $243,800.00 Inc. 8150 Electric Ave Stanton, CA 90680 United States INLAND OVERHEAD DOOR CO Overhead Doors 492369 1000017098 $54,000.00 12401 S La Cadena Dr Colton, CA 92324 United States Apple Valley Communications, Television 542642 1000002294 $92,000.00 Communications Signal Distribution System, 21845 Hwy 18 Network Wire and Cabling Apple Valley, CA 92307 System United States Prospectra Contract Flooring Flooring 740392 1000002810 $59,100.00 17405-B Valley View Cerritos . CA 30722 United States City of Newport Beach Newport Beach Fire Station No. 2 (8269-2), bidding on October 22, 2020 2:00 PM (Pacific) Bid Results Name & Address Description License Num Howard Contracting Inc Demo & Grading 466400 12354 Carson St. Hawaiian Gardens, CA 90716 United States Mack P&S Construction Inc. Building & Site Plumbing 995324 32020 Corydon Road Wildomar, CA 92525 United States Guirguis Electric Electrical 967653 1109 W San Bernardino Rd Suite 120 Covina, CA 91722 United States Westnet Inc. Alerting System 990723 15542 Chemical Ln Huntington Beach, CA 92649 United States JNB Interiors, Inc. Drywall & Plaster 898774 9070 Cajalco Rd. Corona, CA 92881 United States Floored Tile & Stone Ceramic Tile 791250 7200 Helena Place Fontana, CA 92336 United States Mathews Mechanical HVAC 886716 17450 EI Mineral Road Lake Mathews, CA 92879 United States CONTRACTORS DOOR Doors, Frames, Hardware 996525 SUPPLY CO INC 1060 Calle Cordillera Suite 106 San Clemente, CA 92673 United States Page 3 Printed 10/22/2020 CADIR Amount Type 1000006979 $134,714.00 1000015976 $486,000.00 1000432320 $680,000.00 1000015976 $132,186.16 1000047388 $244,395.00 1000010695 $88,500.00 1000006955 $230,000.00 1000013428 $110,307.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT r) ADDENDUM NO. 1 Newport Beach Fire Station No. 2 CONTRACT NO. 8269-2 DATE: 161 by Zee BY: 9 De 6ty Public Works Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. GENERAL — No Changes B. PROPOSAL — No Changes C. SPECIAL PROVISIONS Section 6-1.1: DELETE "... Balboa Crossing Improvement Project — Phase 2 Interstation Improvements..." and ADD "... Balboa Crossing Improvement Project — Phase 2 Intersection Improvements, Contract C-7288-2, Project No. 19T11...". D. SPECIFICATIONS 1. Multiple changes to the Specifications inclusive of all items listed in the attached Addendum 1 from WLC Architects dated October 15. 2020 E. PLANS A 1. Multiple changes to the Plans inclusive of all items listed in the attached Addendum 1 from WLC Architects date October 15, 2020. F. REQUEST FOR INFORMATION Q1: On division 7 section # 077120 indicates copper gutters to be installed but the roof plan page A2.5 note section 0702 indicates gutters are prefinished. Are we to price Copper gutters? And if so, are we to price all exterior metals such as drip edge, valleys and roof jacks, etc.to be copper as well? All: Gutters and downspouts to be copper at the Fire Station and site restroom per specifications. All other items per drawings and specifications. Q2: Please confirm you will deem a bid response from a Contractor who has built fire stations under their license and has built two public agency essential facilities in the last five years. A2: Please refer to the bidding documents, specifically, Instruction to Bidders: Technical Ability and Experience References and Special Provisions: Section 2 -1 -Award and Execution of the Contract. Q3: Off-site improvements are indicated in Note 48 to be constructed by others. However, all other notes show work to be done off-site under this contract. Who is to do off-site work as referenced? If this scope of bid is to include off-site work please furnish Civil Tec Engineering, Inc. drawings. A3: Offsite work will be a sperate contract, Balboa Crossing Improvement Project — Phase 2 Intersection Improvements, C-7288-2. The drawings are not required for the Fire Station No. 2 project but all contract documents are posted on Plant Bids with a bid opening date of October 21, 2020 at 10:00 a.m. Q4: Specification Section(s) 22 13 16 and 22 14 13 call for the plumbing subcontractor to use No -Hub Cast Iron Pipe and Fittings. The Final Geotech Report indicates that the on- site soils are considered to be corrosive to ferrous piping. With the added cost of applying "Henry's" roof mastic and polyethelene wrap to the installed piping system, it would be substantially more cost effective and long lasting to utilize PVC DWV pipe and solvent weld fittings for all piping underground and utilize No -Hub Cast Iron above ground. Please advise. A4: Install per specification. Q5: A 5.1 Door Schedule, Door 114E / Spec 08 80 00 Glazing. The Door Schedule calls out for door 114E to be 30'-0" x 14'-0". Spec 08 80 00 Section 2.5, B & C states that the glazing thickness needs to be 1/4 inch. The max width for an overhead door to have 1/4 - inch glazing is 24'-10", it is not available at 30'-0" wide. Please advise. A5: Overhead Sectional Doors have been revised to Coiling Doors. Refer to the attached Section 08 33 23 Overhead Coiling Doors per Addendum 1. Q6: Please provide toilet accessory model numbers & manufacturer information so we may provide bid. A6: Provided. See 13/A8.4. Q7: 1st floor signal drawing E2.5 shows door contact symbols but no other security devices, sensors, cameras, etc. found on drawings. Is there a security system specification for this project and are there any more security equipment/devices going to be required? A7: Provide back -boxes, junction boxes and conduit stub -ups indicated on plan. Security system is not part of the scope. Q8: Is there a specification for wall mounted atomic clocks shown on E.01 and E2.5? Can you confirm they will not need conduit and wire to feed them? A8: Provide a Wireless Clock System — System shall consist of Telecor #2400 -SR GPS receiver with roof mounted antenna, #2490 transceiver and #2491/2493-120 single face wireless analog clocks. Locate the GPS receiver (rack mounted) and transceiver in the Data room. Install the clocks at the locations indicated on the Electrical plans and/or Architectural elevations. Clock size to be selected by the Owner during the submittal process. Provide a 120 volts receptacle at each clock and GPS receiver. Connect the clocks and GPS receiver to 120 volts, 20 amps circuits. Provide required conduit and wiring between the GPS receiver and antenna. Locate antenna at high point of roof. Q9: Please confirm the Deferred Approval Fire Alarm System wiring is to be installed in conduit? See fire alarm note on drawing E0.1. A9: Fire alarm wiring in open ceilings (no dropped ceiling) and over hard -lid ceilings shall be run in conduit. Fire alarm wiring over t -bar ceilings may be open wiring (no conduit). Installation is subject to the requirements of the Fire Department. Q10: Please provide fire alarm specifications for the project. All 0: Fire alarm wiring in open ceilings (no dropped ceiling) and over hard -lid ceilings shall be run in conduit. Fire alarm wiring over t -bar ceilings may be open wiring (no conduit). Installation is subject to the requirements of the Fire Department. Q11: Please confirm the Alerting System shown on E2.7 and E2.8 is by Owner and the Contractor is only responsible for installation of conduit, boxes & wiring for this system. A11: Infrastructure (conduit, back -boxes, wiring, 120V. circuits) for the alerting system is included in the scope of work. System components, installation and wiring to be provided and installed by the alerting system vendor. Refer to the attached Section 27 51 30 per Addendum 1. Q12: Regarding sheets E2.3 and E2.4, assuming the "DW' shown on the first and second floor Lighting Floor Plans means "Dimming Wire", does this wire require a separate conduit system, run free air above ceilings, or can it be pulled in with Line Voltage circuits conduits? "DW" is not shown on the Symbols List. Also, is it one wire or multiple wires? All 2: Dimming wire (DVIU installed in open ceilings (no dropped ceiling) and hard -lid ceilings shall be in conduit. Dimming wire above t -bar ceilings may be open wire (no conduit). Dimming wire shall not be run in conduit with line voltage wiring. Q13: Please confirm everything currently stored on site by the City including stored materials, storage container, temp restroom, and equipment will be removed prior to NTP A13: Yes. Q14: Our off-site parking needs will vary from 5 spaces initially to 20 spaces when the structure is being built. At the 10/8 on site jobwalk the city indicated it would "work" with the contractor by giving them parking passes. Parking passes do not necessarily guarantee a parking space, especially in the summer when project need for off-site parking will be greater. Can the contractor make arrangements with the city to secure parking at its lot across the street and off-site parking spaces adjacent to the project? If so, please provide cost for 20 spaces. A14: Parking in this area can be paid and reserved; current parking rates are $2.55 an hour per space and enforced from 8:00 a. m. to 6:00 p. m. Q15: As you know the project site is logistically challenged with respect to parking and material lay down. Section 6-1.1 Construction Schedule, fourth paragraph states that Balboa Crossing Improvement Phase 2 project to run concurrently which may affect traffic, parking, and access to construction site property. What measures or allowances does contractor need to put in its bid to mitigate the aforementioned logistical issues? All 5: The City cannot provide direction on how a general contractor should bid the project. The City will work with both contractors to mitigate any issues that may arise. Q16: For bidding purposes when will NTP be issued. A16: The City anticipates working with the contractor on a construction start date but to ensure a successful project construction should not start after January 20, 2021. Q17: Are all permits necessary to complete the work available or will be available in order to complete project on schedule? A17: The project is considered permit ready; the Plan Check is 0756-2020. The contractor will need pull the necessary permits from the Community Development Department. Q18: Has the city entered into all utility agreements necessary to extend permanent utilities when they will be needed to complete project on schedule? A18: No Q19: Please confirm the city will pay for all initial inspections and pay for all required permits necessary to complete work. All9: All permits and inspections from the City Community Development Department are considered no fee. Q20: Are Section 6.3 site grading recommendations stated in the updated Geotechnical Investigation of purposed Fire Station No. 2 part of the contract? A20: Yes. Q21: We could not find plastic laminate or solid polymer counter tops on plans. Please advise. A21: Provided. See 2/A8.3. Q22: Please provide specifications and install instructions for all O.F.C.I. items (i.e. item 1103 ice machine) so that we can properly bid the electrical, plumbing, and install of these items. A22: Ice Machine (O. F. C. I): Model Scotsman C0330. Install per manufacturer's recommendation. Q23: Please confirm all O.F.C.I items will be offloaded by the Owner at the job site. A23: Yes. Q24: Sheet A6.1 shows 5 refrigerators (Item 1111). Section 119000 2.1.c calls for 4 refrigerators, one in room R102 and three in Room 216 (currently shown as a restroom). Please confirm sheet A6.1 is correct and we are to provide only the 5 refrigerators shown in room 109. A24: Five (5) refrigerators are to be provided. See revised Specification Section 119000 per Addendum 1. Q25: Per A6.1 ice machine is O.F.C.I. Section 119000 2.1.J. calls for one to be provided. Please confirm ice machine is O.F.C.I. A25: Confirmed. See revised Specification Section 119000 per Addendum 1. Q26: Per Sheet A6.1, please provide specifications for items 1125 Hose Storage Rack and Cylinder System, 1127 Parts Washer, 1128 Tool Box, and 1137 Drying Cabinet. None of these items are detailed in section 119000. A26: See revised Specification Section 119000 per Addendum 1. Q27: Per note 2 on Sheet E1.1, please provide telephone engineer's contact information so that bidders can include all requirements and service costs in their bid. A27: AT&T Engineer contact info: Renee Bergeron (714) 618-9115. Q28: Exterior Elevation 5,6, & 7/ A3.1 material legend 502 Decorative Metal Trellis element (see 10/A 8.6) shows wood outrigger. Which is wood or metal? What kind or type, how is it fastened? A28: See revised details (Architectural/Structural) per Addendum 1. Q29: Downspouts are shown on 3/A8.6 to be 3", schedule 40, prefinished. Are there any manufactured copper downspouts specified per 07 71 20? A29: Downspouts are to be field painted at the trash enclosure only and copper everywhere else per specifications. Q30: Are gutters also prefinished per note 702 on material legend A 3.1? A30: Gutters are to be field painted at the trash enclosure only and copper everywhere else per specifications. Q31: Exterior Elevations, plan sheet A3.1 shows no cedar or redwood exterior trim or millwork per finish carpentry spec. 06 20 00 para 2.3 & 2.4. Is there any? If so, where? A31: See Addendum 1 for revised Specification Section 06 20 00. Also, reference sheet A3.1 Material Legend and Exterior Architectural Details. Q32: Sheet M3.1 note 1 refers to M4.1. M4.1 was not included in our set. Please provide. A32: Wrong reference. It should reference M5.2. See Addendum 1. Q33: Please confirm Contractor is responsible for all SCAQMD permit costs regarding the diesel generator. A33: The contractor is responsible for all SCA QMD and non -City permit fees. Q34: Is Contractor responsible for the first full tank of diesel fuel for the generator, approx. 600 gallons? A34: Yes, tank capacity is 690 gallons. Q35: Per Window Schedule and notes on A5.1, window shades are to be provided. Please provide specs for all window shades. A35: Provided. See Specification Section 122413 Roller Shades in Addendum 1. Bidders must sign this Addendum No 1 and attach it to the bid 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. Robert W. Clapper Bidder's Name (Please Print) October 22, 2020 Dat President Authorized S' nature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS Newport Beach Fire Station No. 2 PROJECT NO. 15F13 CONTRACT NO. C-8269-2 PART 1 - GENERAL PROVISIONS SECTION 00 — PRE-BID MEETING 00-1 JOBWALK fl 1 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 2 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.0 Construction Supervision 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 10 7-8.4.2 Storage in Public Streets 10 7-8.6 Water Pollution Control 10 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 11 7-10.3 Haul Routes 11 7-10.4 Safety 11 7-10.4.1 Work Site Safety 11 7-10.5 Security and Protective Devices 11 7-10.5.3 Steel Plate Covers 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 13 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 200 — ROCK MATERIALS 14 200-2 UNTREATED BASE MATERIALS 14 200-2.1 General 14 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 14 SECTION 203 — BITUMINOUS MATERIALS 14 203-6 ASPHALT CONCRETE 14 SECTION 215 — BUILDING MATERIALS 14 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 15 214-4 PAINT FOR STRIPING AND MARKINGS 15 214-4.1 General 15 214-6 PAVEMENT MARKERS 15 214-6.3 Non -Reflective Pavement Markers 15 214-6.3.1 General 15 214-6.4 Retroreflective Pavement Markers 15 214-6.4.1 General 15 SECTION 215 - TRAFFIC SIGNS 15 PART 3 - CONSTRUCTION METHODS 15 SECTION 300 - EARTHWORK 15 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 SECTION 302 - ROADWAY SURFACING 16 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 16 302-6.7 Traffic and Use Provisions 16 PART 6 — TEMPORARY TRAFFIC CONTROL 16 SECTION 600 - ACCESS 17 600-1 GENERAL 17 600-2 VEHICULAR ACCESS 17 600-3 PEDESTRIAN ACCESS 17 SECTION 601— WORK AREA TRAFFIC CONTROL 17 601-1 GENERAL 17 601-2 TRAFFIC CONTROL PLAN (TCP) 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS Newport Beach Fire Station No. 2 PROJECT NO. 15F13 CONTRACT NO. C8269-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) the ARCHITECT'S TECHNICAL SPECIFICATIONS attached hereto; (2) these Special Provisions; (3) the Plans (Drawing No. B -5280-S); (4) the Building Materials Survey Report; (5) Cal OSHA and SCAQMD Rules and Procedures; (6) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (Current Edition) http://www.newportbeachca.gov/government/departments/public- works/resources; (7) Standard Specifications for Public Works Construction (2015 Edition), including supplements (Green Book); (8) the applicable Codes shown on the Plans; (9) American Public Works Association Standard Drawings, Latest Edition; and (10) Building Permits. 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 Type of job walk: VOLUNTARY Where: 2807 Newport Boulevard, Newport Beach, 92663 When: October 8, 2020 at 10:00 AM Requests for Information Due: October 13, 2020 at 1:00 p.m. SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS Page 1 of 18 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 contractors working on this Project shall comply with the following licensing requirements. • The contractor awarded the Project: General Building "B". • The contractor(s) performing non -building work shall be appropriately licensed by the State of California for their work. From the start of work until project completion, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. To be qualified to bid this contract, the Contractor shall have successfully constructed or currently working on three (3) California public agency essential facility (hospital, fire/police station) contracts in excess of $5,000,000 in the past 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. The City reserves the right to reject the bid of any bidder who, upon investigation, has been determined to have failed to complete similar contracts successfully. Such rejection would, if applicable, be based upon the principle that the bidder is "non - responsible" and poses a substantial risk of being unable to complete the work in a cost-effective, professional and timely manner. 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 Add to this Section, The work necessary for the completion of this contract consists of: Obtaining City Building Permits; removing and disposing of the existing on/off-site improvements; surveying; WQMP; constructing new Fire Station, public restrooms and the associated utilities; constructing on/off-site improvements; containing all construction debris onsite; removing and disposing of errant debris; arranging and Page 2 of 18 coordinating with utility companies and U.S. Digital (alerting system) installations; testing for building water tightness; and landscaping establishment and maintenance. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The Architect of Record is WLC Architects. They can be contacted at (909) 987-0909. A minimum of two (2) sets of cut -sheets shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. If the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the start of any Work. 3-3 EXTRA WORK SECTION 3 - CHANGES IN WORK Page 3 of 18 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 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 ............................................ 10 2) Materials ....................................... 10 3) Equipment Rental ........................... 10 4) Other Items and Expenditures ........... 10 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 4 of 18 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, pothole 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 potholed and 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 pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance Page 5 of 18 of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.0 Construction Supervision The timely and quality completion of the work is of paramount importance to the City. As such, the contractor shall have full time superintendence for the entire contract. 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 addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. The Public Works Department intends the Balboa Crossing Improvement Project — Phase 2 Interstation Improvements project to occur concurrently which may affect traffic, parking and access to the construction site property. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall, from the date of the Notice to Proceed, complete all construction work under Contract within twelve (12) calendar months, inclusive of all non -work holidays. The time spent on arranging, coordinating, and accommodating the utility companies to install the necessary utilities to complete the Project functional and in place; completing the as -built plans; and obtaining Building Permit Final and building occupancy shall have been included in the twelve (12) calendar months allotted above. Page 6 of 18 The 60 -day plant establishment and maintenance period is in addition to the above 12 - month allotment. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. 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. City Council adopted Ordinance No. 2019-9 restricting construction -related noise on Saturday in the designated High -Density Areas; as well as requiring a project information sign for new construction and substantial remodels. The High -Density Area map identifies the following: Balboa Island, Balboa Peninsula, Bay Island, Bay Shores, Collins Island, Corona Del Mar Village, Harbor Island, Linda Isle, Lido Isle, West Newport and Newport Shores (Exhibit A of Ordinance No. 2019-9). Violations of the City ordinance will be subject to code enforcement actions and citations pursuant to the provisions of NBMC § 10.28.040 and NBMC § 1.04.10. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (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 Page 7 of 18 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 $2,500.00. 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. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, 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. Page 8 of 18 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. 7-5 PERMITS. Replace this Section with "The Project Plans have been approved by the City Building Division and is "permit ready". 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE Add to this Section: "The Contractor shall: 1. Make every effort to conduct the work in a manner that will not interfere with the ingress/egress of the adjoining public streets/alleys. 2. Provide and maintain gravel beds and "shaker plates" at job site ingress/egress locations to minimize the tracking of errant materials onto the public alleys and streets. 3. Apply dust controls whenever airborne errant dust is observed. 4. Remove all construction debris from the work site at the end of each work day. 5. Provide restrooms and trash service for the construction personnel. 6. Provide alleys sweeper service to mechanically and/or manually remove errant construction debris and dust as directly by the engineer. Page 9 of 18 7. Provide reasonable cleaning service as directed by the Engineer to remove dust and other errant debris that were not controlled during the construction and have deposited upon the neighbors' parked vehicles, building windows, planters, landscaping, etc. 8. NOT park vehicles within the private parking lot immediately vicinity of the Fire Station No. 2 jobsite as vehicles parked without the respective private property owners' consent will be towed at the vehicle owner's sole expense. 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 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. Page 10 of 18 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. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The 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 Fire Station No. 2: Work under this Item shall include all of the costs necessary to complete all of the work shown on the plans and in the contract Page 11 of 18 documents, complete and in place. The following is only a suggested listing of work items that need further itemization on the Schedule of Values to be submitted to the Engineer upon project award to the low responsible bidder by the Newport Beach City Council. The cost of all other items of work that are not specifically listed as required but are customary to be completed as a prerequisite for a fully functional facility shall have been included in the bid and no additional compensation shall be made. • Mobilization and Demobilization: This work shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, providing and maintaining sanitary facilities for the workers, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. No cleaning of the portable sanitary facilities can be performed at the jobsite or within a populated area. In other words, the filled portable sanitary facilities shall be replaced with cleaned units brought onto the job site. • Surveying Services: This work shall include the cost of construction staking, final grades, all horizontal alignment, as -built field notes, replacing and filing Corner Records, and other survey items as required to complete the work in place. • Removals: This work shall include all of the costs needed to remove and dispose of all of the existing improvements that need to be removed such as below pipes, and other interfering items in order to space for the new improvements described in the Contract Documents. Since the Work adjoins private properties, the Contractor shall not deploy construction methods that will cause excess vibrations and/or damage to the neighbors. At no additional cost to the City, the Engineer may direct the Contractor to change the construction means -and -methods if the City received concerns from the neighbors on the level of ground/building vibrations caused by the construction activities. The cost of all site and below grade preparation work required by the various Reports in the Contract Documents prior to constructing the improvements described in the Contract Documents shall be made a part of the price bid. • Utilities Coordination: This work shall include all of the costs needed to complete the work listed under Section 5-4 of these Special Provisions and Architect's Technical Specifications. • Project Site Maintenance: This work shall include all of the costs needed to complete the work listed under Section 7-8 of these Special Provisions and Architect's Technical Specifications. Page 12 of 18 • Field Office: This work shall include all of the costs needed to provide a Class -1 2 -room field office to be shared with the City for the duration of the Work. It shall be complete with temperature controls, a copy machine, chairs, tables, lighting, windows and described in Architect's Technical Specifications. • Construct New Improvements: This work shall include all of the costs needed to provide, install, furnish, and construct, all of the new improvements and items described int eh Contract Documents complete and in place, including contractor design/build fire alarms and sprinkler systems; addressing all deferred submittals and Building Division permit requirements. The building shall be delivered to the City fully functional, less the U.S. Digital (alerting system) that will be installed by others. The cost of all required building tests for water tightness and as required by the Building Permits; HVAC system balancing; first tank of fuel for the backup generator upon successful testing, and attic stock per the Architect's Technical Specifications shall be made as a part of the price bid. • Third Party Installation Coordination: This work shall include all of the costs needed for the contractor to coordinate and cooperate with the third -party crews for installing U.S. Digital (alerting system), IT, cable services, PW Traffic Division, etc. inside the building. The cost of temporary stopping of work as needed to accommodate these installations shall have been made a part of the bid. • Furniture and FF+E: The Contractor shall have included in its bid a $35,000.00 allowance for the procurement, delivery, and installation of wall mounted clocks, televisions, monitors, framed graphic pieces, decorations, etc. items to be selected by the Engineer during the work. Item No. 2 60 -Day Plant Establishment and Maintenance Period: Work under this Item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire period. Item No. 3 Provide As -Built Plans and Close-out Documents: 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 and closeout documents. These drawings must be kept up to date and submitted to the Engineer for review prior to request for monthly payments. An amount of $5,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. 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. Page 13 of 18 Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6.4.3 Composition of Grading Add to this Section: "Asphalt Concrete shall be C2 64-10." 203-6 ASPHALT CONCRETE 215-1 ATTIC STOCK SECTION 215 — BUILDING MATERIALS Page 14 of 18 Shall be defined as "Flooring, paint, light bulbs, ballasts, ceiling panels/tiles, special finishes, special order products, and other items that are not readily available from the neighborhood hardware stores." SECTIO_ N_ 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 '/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK Page 15 of 18 300-1 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. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. PART 6 - TEMPORARY TRAFFIC CONTROL Page 16 of 18 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 for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. 601-1 GENERAL SECTION 601 — WORK AREA TRAFFIC CONTROL Page 17 of 18 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 around areas of construction, and into and out of the affected establishments. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. The Contractor shall fully comply with the following ARCHITECT'S TECHNICAL SPECIFICATIONS which augments, but are not referenced to, sections of the Standard Specifications for Public Works Construction. Page 18 of 18 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Thursday, December 10, 2020 5:50 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 8269-2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 8269-2 Robert Clapper Construction Services, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.