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HomeMy WebLinkAboutC-8940-1 - 2022-2023 Facilities Painting ProjectCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov January 23, 2024 Tony Painting Attn: Ante Marijanovic 7291 Garden Grove Blvd., Suite A Garden Grove, CA 92841 Subject: 2022-2023 Facilities Painting Project - C-8940-1 Dear Mr. Marijanovic: On November 14, 2023, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 15, 2023, Reference No. 2023000279141. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024261383. Enclosed is the Labor & Materials Payment Bond. Sincerely, 14+ffk�_ Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN DUPLICATE EXHIBIT A ORIGINAL CiTY OF NEWPORT BEACH BOND NO, 024261383 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Tony Painting hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of rust removal, refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces, as specified In contract documents at the following locations: Civic Center Parking Structure (100 Civic Center Drive), Civic Center (100 Civic Center Drive), Mariner's Library (1300 Irvine Avenue), Fire Station No. 4— Balboa Island (124 Marine Avenue), OASIS Senior Center (801 Narcissus Avenue), Marina Park Lighthouse (1600 W Balboa Boulevard), Newport Theatre Arts Center (2601 Cliff Drive) and, Sunset Ridge Park Restroom (4850 West Coast Highway) in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, THE OHIO CASUALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Seventy Seven Thousand One Hundred Seventy Five Dollars ($377,176.00) 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 9564 of the Civil Code of the State of California. Tony Painting 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 at seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the _22ND day of FEBRUARY 20 23 . TONY PAINTING Name of Contractor (Principal) Authgfi� d Si aturefTitle � ww THE OHIO CASUALTY INSURANCE C0—MF6NY Name of Surety 1001 4TH AVE, STE #3800 SIZATTI_I- WA 94154 Address of Surety 818-667-7656 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Agent Signature SHILO LEE LOSING, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Tony Painting Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) islare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name($) 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 hisiher/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Tony Painting Page A-3 ZALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. �,rae.ara�. •.arra .a a<.ar.ar.a�.a ae.ar.a . .a<.a .aear.a . aeo:.�<.a .a ae.....ae.9.. ar.�. . 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 ''Loo7s Angeles ) On 14;2-hti Z3 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shilo Lee 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. Notary Public California " ' Los Angeles County , Commission 4 2'352264 My Comm. Expires Mar 19, 2025 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 t Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑ Genera ❑ Individual ❑ Attorne act ❑ Trustee ❑ G ran or Conservator ❑ Other: Signer Is resenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014.National Notary .AssQdation www.Nati4nalNotary.org_• 1-800-US NOTARY,(1-800-876-6827) Item #5907 Liberty Mutual° SURETY This Power of Attorney limits the sets of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein staled. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Cediffo le No: 8206295-971967 ROWER OF ATTORNEY HNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duty organized under Ilia laws of the State of New Hampshire, that Liberty Mutual Insurance Company is corporation duly organized under the laws of fhe State of Massachusetts, and West American Insurance Company Is corporation duly organized under the taws of Ilia $1010 of Indiana (heroin collectively called the'Componial pursuant to and by augmrily harem sot forth, does hereby name, coma lute and appoint, Sbilo L. all of Dial of Woodland Hills stale of CA each tndlvldually if there be more than one named, Its true and lawful altornay-In-fact to make, execute, cast, acknowledge and deliver, for and on Ile behalf as surely and as Its not and dead, any and all undertakings, bonds, ro rognlzances and other surety obligations, In pursuance of those presents and shall be as binding upon Ilia Companies as if [hay have bean duly sighed by the president and attested by life sacretary, of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by on authorized officer or official of Ilia Companies and Iha corporate seals of fhe Companies have been affixed thereto this turf day of April , 2021 . Libelly Mutual Insurance Company (NSU 4KY. INsp a txab , The Ohio Casualty Insurance Company '`J=°eN O�6�crt rJ3°pevQ �oO + a g°oePORar��+m Weal American Insurances Company ��1S12yo 01919 � �1991do Al d" 7nc*uu6CA 4 ykaersb Y�o*n h�L By, David M. Caev. Assistant Secretary 3 CouniyofMONTGOMERY ss On this 1 % dayof April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o g Company, The Qhis Connally Company, and Weal American Insurance Company, and Brat he, as such, being authorized so to do, execute the foregoing instrument ter the purposes I .%... Ihore n contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year rust above writer. C F'L�Potrwe rF! Commonwoolth of PenusyNanle-Neley Sent W 'Cj,f ToresuoPopNelory Public vManaarnery0ounly l My inexpimsMarch 28, 29M By: Cwnmisslan numb. n 128044 a) yP'e• erase Paslella, Notary Pubga (�.w A9bm4ov.1`ann0ylveNO A4foolalianal Mntfae y rL°e a �^rnY P This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Dempsey, Liberty Mutual 0.9 Insurance Company, and West American Insurance Company which resolutions are now In full force and effect loading as follows: �.d) AncLE IV —OFFICERS: Section 12. Power of Attorney. Q Any officer or other official of Ilia Corporation authorized for that purpose In writing by [be Chairman or the President, end subject to such limitation as the Chairman or life' ?3 G President may preill shag appoint such allornays-In-fad, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety 47 any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-tn-fact subject to the limitations set forth in their respectve powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to altach thereto the seal of (he Corporation. When so executed, such Z Instruments shall be as binding as If signed by Ilia President and attested to by the Secretary. Any power or authority granted to any representative or altornay-itpfacl under the provisions of this article may be revoked of any time by the Board, Ilia Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII Exec often of Contracts: Section S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In witting by the chairman or [he president, and subject to ouch limitations as the chairman or the president may prescribe, shall appoint such allornoys-io-fal as may be necessary to act in behalf of the Company to make, execute, seal,. acknowledge and deliver as surety any and all undertakings, bonds, rocagntzannas and other surely obligations. Such altomays-in-fact subject to the limitations sot forth in their respective powers of attorney, shall have full power to bind the Company by their figurine and execution of any such Instruments and to altach thereto the seal of the Company. When se executed rush Instruments shall be as binding as if sgnod by Ilia president and attested by the secretary. Corllhcalo of Designation —The President of the Company, acting put fund to the Bylaws of the Company, su uezes David M. Carey, Assistant Secretary to appoint snob altorneyll fact as may be necessary to act on behalf of [be Company to make, execute, seal, acknowledge and delver as surely any and all undertakings, bonds, recognizances and other surely obligations. Authorization —By unfora us consent of the Compary'a Board of Directors, Iha Company consenisthat facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a oerliged copy of any power of attorney Issued by life Company In oonnaclion will surely bonds, shall be valid and binding upon the Company with Ilia saran force and effect as though manually affixed. 1, Renee 0, Llewellyn, Ilia undersigned, Accident Secretary, The Onto Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby fairly [list the original power of attorney of which the foregoing Is a full, true and correct copy of the P or of Allomay executed by sold Companies, Is In full force and effect and has notIN TES IMOoon revoked. y p � � W IN TESTIMONY WHEREOF, I have hereunto calm hand and affixed life seals said Com antes thl dayof _ _ f,3 __ ... � $4,oW Rsroycia Jv"aKaPP9'ra�'pgy U¢rpn ° n�9'pcs .,... 9972 0 1519 s� 1991 0 ��)Q'�ACNae �.b O� HAmPe�abaO '!�, �NnIReP ,dh By Renee C. Llewellyn, Assia of Soomlay 7* 1• N,y* I,d dMt h� LMa-t267a LMIC OCIC WAIC Multi Cc Ol 11/15/23, 10:57 AM Batch 16643603 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II11II II11II I11IIII 111111111111111I11111111111IIIIIII 111 NO FEE *$ R 0 0 1 4 6 5 4 0 0 1 $ * 2023000279141 10:55 am 11/15j23 .90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Tony Painting, Seal Beach, California, as Contractor, entered into a Contract on February 14, 2023. Said Contract set forth certain improvements, as follows: 2022-2023 Facilities Painting Project - C-8940-1 Work on said Contract was completed, and was .found to be acceptable on November 14, 2023. by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. " City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ` r Executed on N�M� 1&' �lfi%� at Newport Beach,. California. dilli Afi City Clerk 1 Mips://gs.secure-erds.com/Batch/Confirmation/16643603 1/7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Tony Painting, Seal Beach, California, as Contractor, entered into a Contract on February 14, 2023. Said Contract set forth certain improvements, as follows: 2022-2023 Facilities Painting Project - C-8940-1 Work on said Contract was completed, and was found to be acceptable on November 14, 2023 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. M Public Works 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. jj ryry�� Executed on at Newport Beach, California. BY " j1 1 T op 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 26t" day of January 2023, at which time such bids shall be opened and read for 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 $550,000 Engineer's Estimate Approved by l A ��L---� James M. Houlihan ®eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids-com/portal/Portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 West 191" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "B" or "C-33" For further information, call Kyle Aube, Project Manager at (949) 644-3296 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca gov/government/open transparetiUonline services/bids rfps- vendor-registration City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 9 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 10 A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. 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 belo represents that the above has been revidwe' Contractor's Li nse No. & Classification Authorized Sigr ature/Title DIR Registration Number & xpiration Date Dat —G/ v Bidd 5 P!2 CONTRACTORS STATE LICENSE BOARD W, OContractor's License Detail for License # 320164 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. Data current as rf !/ 11/2023 11: i 1:13 AN) ,2-)l G,iRUUJ CROVE. 3LIJIJ CAPDFN,;R.nVE..A1J2h41 11'.., N—b.,: ,14, 399 Entity 1-1-u,- Issue Date 05;j0197C Reissue Date 09:8 -00. EX p Ire Date 1: All inform alto n below should be reviewed. NWJTV%(r *,ND DP(DRATINC., Contractor's Bond Bond Number: 47-'.J.1f Bond Amount: i25 j0f, Effective Date:';: 01 "U., , H-0 I I Bond of Qualifying Individual T1 �,d -h� a AMC � MV? ljP 1, ()Vjr� C.",f"d !fi"" .0 ....... 't In, th, �—d of Q-1& i Ji 'Au,u -1 -1 —p,,�,j Effective Date: 06 2 E101 , ft", r"'to", -I'.' ',­-, t,,r ..1,",., ­:., 1 11 � -!,w, r r 0), INSL; AtX E WMPIIY OF I '�1; WES I Policy. -,Ij B.Numbe,:��W E u— Data! I E.Pue Date: C—i, 20: Copyright , 2023 State of CaVa, -i,e. 1/11/23, 11:11 AM https.//cadir.secure.force.com/ContractorSearch/PrintRegDetails Contractor Information Legal Entity Name TONY PAINTING Legal Entity Type Corporation Status Active Registration Number 1000001496 Registration effective date 7/1/2022 Registration expiration date 6/30/2024 Mailing Address 7291 GARDEN GROVE BLVD. SUITE A GARDEN GROVE 92841... Physical Address 7291 GARDEN GROVE BLVD. SUITE A GARDEN GROVE 92841... Email Address Trade Name/DBA License Number(s) CSLB:320164 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: Ante Marijanovic Vice President Name: Ante Marijanovic Treasurer Name: Ante Marijanovic Secretary Name: Ante Marijanovic CEO Name: Ante Marijanovic Agent of Service Name: Tony Paintng Agent of Service Mailing Address: 7291 Garden Grove Blvd. Ste. A Garden Grove 92841 CA United States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Registration History Effective Date Expiration Date 6/4/2018 6/30/2019 5/17/2017 6/30/2018 6/2/2016 6/30/2017 6/29/2015 6/30/2016 9/24/2014 6/30/2015 7/1/2019 6/30/2021 7/1/2021 6/30/2022 7/1/2022 6/30/2024 Insured by Carrier Policy Holder Name:TONY PAINTINGInsurance Carrier:INSURANCE COMPANY OF THE WESTPolicy Number: WVE503402702Inception date:6/28/2013Expiration Date:6/28/2023 https://cadir.secure.force.com/ContractorSearch/PrintRegDetails 1/2 City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severallEy held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN P RCENT OF THIER GREATEST AMOUNT B D Dollars ($ 10% G.A_B, ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2022-2023 Facilities Painting Project, Contract No. 8940-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 17TH TONY PAINTING Name of Contractor (Principal) THE OHIO CASUALTY INSURANCE COMPANY Name of Surety 790 THE CITY DR S, STE 200 ORANGE, CA 92868 Address of Surety 800-763-9268 Telephone day of JANUARY 2023. I r rized ignature/Title Agent Signature SHILO LEE LOSINO, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Cej 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 Califo�gla County of ss. On c) -- 2" u , 20 2 before me, n Notary Public, personally appeared " -). -C _ who proved to me on the basis of satisfactory evidence to be the person(d) whose name() is/age' subscribed to the within instrument and acknowledged to me that he/may executed the same in his/haift&rir authorized capacity(@*), and that by his/heir signaturesW on the instrument the person(, or the entity upon behalf of which the person(A) 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. — r Signature OPTIONAL INFORMATION yE" Fri SAM BEIK Notary Public California Z Z a,+ Orange County Commission # 2333095 My Comm. Expires Sep 29, 2024 seal Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ACKNOWLEDGMENT 7 C Check here if no thumbprint or fingerprint is available. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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 } s$. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l� (seal) This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205295-971967 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Shilo 1.. I_osino. Stephanie Shear all of the city of Woodland I fills stale of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if [hey have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this f 6th day of April 1 2021 . Liberty Mutual Insurance Company P� tNSURR P11 INS& a hNSU,Q The Ohio Casualty Insurance Company J 2`oarokIroym W r°oaPo�,yroy20 \VP= oar0&, y� West American Insurance Company u;s1912yQ o 1919 1991� r�V1gSSAr ,51 ,dD3 Sp PA Mrs,dD� Ys �NOIAHP ..dD� / c 0/1 * ft' ''Hl * fN ''M r F� By: David M, Carey, Assistant Secretary @Stale of PENNSYLVANIA ss : County of MONTGOMERY � On this 16th day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance oj6 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such,. being authorized so to do, execute the foregoing instrument for the purposes ;?? [herein contained by signing on behalf of the corporations by himself as a duly authorized officer. al (0 c a IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O PAs 4�5P 11r�C W Commonwealth of Pennsytvania - Notary Seal oa N O Teresa Pastella, Notary Public O 0) OF Montgomery County (/ � My commission expires March 28, 2025 C @ �P Commission number1126044 By. Member, Pennaylvenia Aaaomation of Notaries Teresa Pastella, Notary Public f6 qNy Q) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual O .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in, -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xill — Executlon of Contracts: Section 5. Surety Bands and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-ir,fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach [hereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Compa Iles, is in ruli force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this vt)ay of _IIA03 P� it SUyyi P0_ 1 INS& d %NSU,pqLl J ?`pFPokArocl\ �`oµrori'OyyC' \GPa oRr�RArF yC� Q' O {r y1912y 0 o y1919�o s 1991 0 "c rfLJ19s'rACHUS�.dD SOMA MPS�� D� Y �NDIANI" D� By, --_ Renee C. Llewellyn, Assistant Secretary U 0 CD OD OO N M tb CD m U LMS-12873 LMIC OCIC WAIC Multi Co 02y21 CALIFORNIA• • • .wS.w .wt.w .w .a .wt.a .w n .w .a .w .w .wt.w .w .a .w .w w .w .a .w .w w .w .w .a .vi--*e-1-44.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On ! / ' 2l ici ), s before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shilo Lee Losino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. LUCAS PATTERSON Notary Public - California - Los Angeles County Commission # 2352264 Signature My Comm. Expires Mar 19, 2025 Signature of Nota Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ L:E1 ed ❑ Genera ❑ Individual Attorne act ❑ Trustee G ianor Conservator ❑ Other: Signer Is esenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Bidder Authorized Sign�ure/Title M City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number CiTy of N�_wPORT 9EA&H Project Description CITY Ot• NE-�NPaRT VA Rl o U s LVCATI o NS Approximate Construction Dates: From l 0.20101 To: 10120 I q Agency Name C►1y OF N�:yQ-FoP--T be-'NC-H Contact Person V-&T i " N E GHa Telephone (q4J Co L+L}. 3O I L- Original Contract Amount $ 4q,4sb Final Contract Amount $ Lf V4, 4; b If final amount is different from original, please explain (change orders, extra work, etc.) tN /A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 2 Project Name/Number IWLANb EMpME UTI L ITES 1�GEk--►UI Project Description RP I FAINTING SE RV IC4 G Approximate Construction Dates: From DS 121922. To: Fv-esENT Agency Name INI.A40 FM -'IRE Ui1L-ITLFS A(;ENJ f Contact Person LU 01 R b I AZ Telephone (g o f g g 3 l io 3l Original Contract Amount $ 1131 M►LFinal Contract Amount $ 1.131 M I U -I bN If final amount is different from original, please explain (change orders, extra work, etc.) N].A �-bNTU--ACT STIU. I�4 p�oG>zEsS Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N No. 3 Project Name/Number Gliy DT- 60-01, A- �ARInUs LOCATIONS Project Description 60LP-65l oN G4fJTT_oL rAIt_JTI NG Sr-RvICr_ s Approximate Construction Dates: From d(v12021 To: nt,I2ti22 Agency Name c11`I of 60PONA, Contact Person Y-EV IN S1fAl31 iTE Telephone (g5l1 31-1 . 6541 Original Contract Amount $ 3t%Final Contract Amount $ 340, 000 If final amount is different from original, please explain (change orders, extra work, etc.) N'�s 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. two 11 No. 4 Project Name/Number MP Rls UNI V1s R IGIJ SU&H Do L D 1 STT1--I GT Project Description >rXTQ vP- PA-I1JT VN1& AT 4 �C}fODLS Approximate Construction Dates: From M" 20222 To: JU Ly 2022 Agency Name FURRIS UNIDW M&t 1)(UPLICT Contact Person Ill GmP- GONZAti�-Z Telephone (qsl) 943. ( ,3f 9 X 80214 Original Contract Amount $ 515,010 Final Contract Amount $ Sq a, 070 If final amount is different from original, please explain (change orders, extra work, etc.) N0 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. a No. 5 Project Name/Number G P-0N4h N09-6,0 VNIFMD sC+OCA_ DIVP-I cT Project Description _rX'CERIOA FAI NTl NG AT 5 S41DoLs' Approximate Construction Dates: From J V N E 20 22 To: AUGU sT Agency Name Gov--nNA, WRzt Uu1F\u�b SG ooL_ ➢ls'T2 c-T Contact Person TIM PS,-.F.uL Telephone (C151) --13(,. 331( Original Contract Amount $ 8M6 s0 Final Contract Amount $ 003-�b, 4 60. If final amount is different from original, please explain (change orders, extra work, etc.) No Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number RIAIT-o UNlT:ltEp SC{tr7ot plsTrit�T Project Description VAV_ 1 ou s pia -.tom e:cTs - 11+P-oy 64 ouT SMfVOL b l �Tw LT Approximate Construction Dates: From Au6 vS T 202( To: AuGy Sr LV 2.2- Agency Name RIALTbyNIFIt-71) 06.4D0L 1)J91_P4a Contact Person EM►Llo feR1 P+4D6Z Telephone (901 03- 1619 Original Contract Amount $ 41 4.W0 Final Contract Amount $ n-�7o If final amount is different from original, please explain (change orders, extra work, etc.) N0 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Aithoriz d Si nature/ I itle 13 TONY PAINTING. y 7291 Garden Grove Blvd. Ste. A License # 320164 Garden Grove, Ca. 92841 Phone: (714) 899-5303 E-mail: tonyspaintingca@gmail.com Ante Marijanovic 7291 Garden Grove Blvd. Ste. A Garden Grove, CA 92841 Phone (714) 899.5303 Email: tonyspaintingca@gmail.com CONSTRUCTION PROJECT MANAGER AND SUPERINTENDENT EXPERIENCE 1. Owned and operated Tony Painting from May 20, 1976, to Present. 2. Maintains active painting and decorating license C-33. 3. Member of the Painters and Decorations Labor Committee Compliance, District 36, Local 95. 4. Train and supervise work crews in commercial/residential remodeling and new construction projects, coordinate schedules. 5. Order materials and supplies; handle vendor/customer relations and quality control. EMPLOYMENT Tony Painting Inc. 1976-Present Owner, President, CEO Responsible for all types of painting work for commercial, residential, and public works remodeling and new construction projects throughout the California area. Supervise up to 40 painters and other professionals in painting work. Order materials and blueprint updates; consistently meet strict time constraints. Completed hundreds of projects, including: • Repaint: Los Alamitos National Reserve Base, Pool Area (Pro -Bono, charity) • Repaint: Fort Macarthur Air Force Base Homes • Repaint: Corona Water Department -Industrial Coatings (8 Years) • Repaint: Inland Empire Utilities Agency -Industrial Coatings • Repaint: County of Riverside Office of Education • Repaint: Lanterman Developmental Center (Hospital) • Repaint/Remodel: City of Laguna Beach Historical Buildings • Repaint/Remodel: Battered Woman's Shelter City of Laguna Beach (Charity) • New Construction: Painted New Schools for Banning Unified School District PERSONAL Self -motivated and professional. Great leadership skills and knowledgeable teacher in field of painting. Works efficiently and provides quality in every job. THIS PROJECT Will be committed to this project 100% of the time. COMMITMENT City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County off! /n " ) (? being first duly sworn, deposes and says that he or she is �(yj-) of ,1� /,gy 7t' , the party making the foregoing bid; that the bid is not made in the interest of, or on be f 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 Stat o Cal rnia that the foregoing is tr e and correct. -TOAZ1 & Biddd Authorize Sig ture/Title Subscribed and sworn to (or affirmed) before me on this day of e%fir , 2023 byproved to me on the basis of satisfactory evidence to ye the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public ' SAM SEIK =t _� [SEAL] NotaryPabi;c Caiiforcia = z Orange Co,r;y > Commission ; 2333095 Z My Commission Expires: —2 _ 2 My Comm. Expires Sep 29, 2024 14 City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 DESIGNATION OF SURETIES Bidder's name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): CkN`iPAM0.S $EST INcSUV-AtycE S�FLVtcES 2035o VieNrtURA 1?�I.vD• sty )TE 42(a A WonbyANa N111 S� GA Cilq(o 4 C4 NTA C2r GO 9) N b VMi 4e- 3� ?). 4q1)b 15 City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name�"1% �f J Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 No. of contracts 2 0 I} 15 15 I S I d 10 0 Total dollar Amount of Ctc onrats (in 2 2 2.0 2.2 13 Thousands of$ MIL MIL M1L1>r MIL VA >. MIL - No. of fatalities -6- 9 9 4)_ 19 No. of lost Workday Cases -@- 3 0 -0- -9 3 d No. of lost workday cases involving permanent transfer to another job or termination of employment I le InIUrmaLIUrl required Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder rirvyvAmhh eI Business Address: Business Tel. No.: State Contractor's License No. and Classification: 3�U Title The above information was compiled from the record that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 41'.4�'4c�. 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 County of (D-rxwz Q )} On 2- j— LO Z Z6 before me, Date ,y ® ,' ,,o , personally appeared SAM EEIK, NOTARY PUBLIC who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iF/are subscribed to the within instrument and acknowledged to me that h/they executed the same in /their authorized capacity(ies), and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. eR.Qa:�Ew_r�. .M BcIK Notary Public -Califia om Orange County v Commission 2333095 My Comm. Expires Sep 29, 2024 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. Signatu 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: ;�f,�;;oS�,�r`sLff o�Sf`z,'4i #�i�:Cf:.bS�"�.`¢1�¢�' �S-4t'4S :-�,§S,4✓�)7} �i§`,,.r,4 �� xS $ fi , ;ti'fiS�C; {ii4:3ti4fv£' '85 6 �.;¢,:r3 4f�c!it�r C�:'tii4E r>4%;kt, f,§tff. Lrf . �_?8<rF;4E �.,t:,'�f,�„�in�§: ©2018 National Notary Association City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO.23F02 CONTRACT NO. 8940-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received ,;;' I` , Signpture MV City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: /6-'y `�fjl-7&7- Business Address: Telephone and Fax Number: 6�12-�, Y/ California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) ' Original Date Issued:! 1 o &' Expiration Date: 7 A�l 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: ?P 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 ACorporation organized under the laws of the State of 'i y 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: r All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; Briefly summarize the parties' claims and defenses; ll� you ever had a contract terminated by the owner/agency? If so, explain. 1 Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /� _ 20 Are any claims or actions unresolved or outstanding? Yes / C_9� If yes to any of the above, explain. (Attach additional sheets, if necessary) —� Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. A-1 //, -, 7, 7<. Bidde (Print name o wner or President of Cgrporaton/Company) Title Date Sign C" On — l 2 — Z before me, SciNotary Public, personally appeared !O who proved to me on the basis of gaiisfactory evi 'ence to be the person( whose name(s' is/ere subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/weir authorized capacity(des), and that by his/heir signature) on the instrument the person(, or the entity upon behalf of which the person(s� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / ---7> Notary Public In and- or said State C= My Commission Expires: >' Z 21 (SEAL) SAM EE!K N°tary Public - California Orange County i m Comission � 2333095 My Comm, Expires Se p 29, 2024 2022-2023 FACILITIES PAINTING PROJECT CONTRACT NO. 8940-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day of February, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Tony Painting, a California corporation ("Contractor"), whose address is 4817 Elder Avenue, Seal Beach, California 90740, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of rust removal, refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces as specified in contract documents, at the following locations: (1) Civic Center Parking Structure (100 Civic Center Drive); (2) Civic Center (100 Civic Center Drive); (3) Mariner's Library (1300 Irvine Avenue); (4) Fire Station No. 4 — Balboa Island (124 Marine Avenue); (5) OASIS Senior Center (801 Narcissus Avenue); (6) Marina Park Lighthouse (1600 W Balboa Boulevard); (7) Newport Theatre Arts Center (2501 Cliff Drive); and (8) Sunset Ridge Park Restroom (4850 West Coast Highway) (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. 8940-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Seventy Seven Thousand One Hundred Seventy Five Dollars ($377,175.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Ante Marijanovic to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 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. Tony Painting Page 2 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: Attention: Ante Marijanovic Tony Painting 7291 Garden Grove Blvd, Suite A Tony Painting Page 3 Garden Grove, California 92841 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 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. Tony Painting Page 4 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 Tony Painting 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. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. Tony Painting Page 6 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 seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the Tony Painting Page 7 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. 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 Tony Painting Page 8 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] Tony Painting Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date. -- By: �b a on C. Harp z •zz- �3 w� City Attorney ATTEST- Date-:— Date: P n3, ' l oy ►.`����. li�il(i�l�� :. city ..�� .A IM ®yLIFo® CITY OF NEWPORT BEACH, a California municip corporation Date: By: . h om ayor CONTRACTOR: Tony Painting, a California corporation Date: Signed in Counterpart By: Ante Marijanovic Chief Executive Officer/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Tony Painting Page 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: �42_Z/23 By: on C. Harp Qz-zz-z-s wc, 4Ci JAttorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: Tony Painting, a California r ration Date: By - /Ate 1 Mari an is Chief Execu ive Officer/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Tony Painting Page 10 EXECUTED IN DUPLICATE EXHIBIT A ORIGINAL CITY OF NEWPORT BEACH BOND NO. 024261383 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Tony Painting hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of rust removal, refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces, as specified in contract documents at the following locations: Civic Center Parking Structure (100 Civic Center Drive), Civic Center (100 Civic Center Drive), Mariner's Library (1300 Irvine Avenue), Fire Station No. 4 — Balboa Island (124 Marine Avenue), OASIS Senior Center (801 Narcissus Avenue), Marina Park Lighthouse (1600 W Balboa Boulevard), Newport Theatre Arts Center (2501 Cliff Drive) and, Sunset Ridge Park Restroom (4850 West Coast Highway) in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, THE OHIO CASUALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Seventy Seven Thousand One Hundred Seventy Five Dollars ($377,175.00) 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. Tony Painting 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 22ND day of FEBRUARY 2023 . TONY PAINTING Name of Contractor (Principal) THE OHIO CASUALTY INSURANCE COMPANY Name of Surety 1001 4TH AVE, STE #3800 SFATTI E. WA 941,154 Address of Surety 818-667-7656 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney A_uthcffiz9d Sig ature/Title Authorized Agent Signature SHILO LEE LOSINO, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Tony Painting Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Tony Painting Page A-3 CALIFORNIA• • •GMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 7 ) Los Angeles ) Onbefore me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shilo Lee Losino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. E LUCAS?7 R50N i F T Notary Pubiic Cadtornia Los A n;e.es County s ' s'c Commission = 2352264 My Comm. Expires Mar 19, 2025 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 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El Genera ❑ Individual ❑ Attorne act ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: Docum Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. O O Q U O O i6 N � T a c •� 0 Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205295-971967 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Shilo t.. Losino. Stephanie Shear all of the city of Woodland I (ills state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for ani on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto [his Ibth day of April 2021 . State of PENNSYLVANIA County of MONTGOMERY Liberty Mutual Insurance Company P�lesu P�SV INS& NINSUgQ The Ohio Casualty Insurance Company �`�°RORaT �n yJ �ORPO"Lar 9ym �GP �OaP0R4� �� West American Insurance Company r Fo r� �Q 3 Fo w 1912 0 1919 „ 1991 dj1 Ss�C11Ub�.da O I/A MP'- Aa� Ys 4-01 By: !ram David M. Carey, Assistant Secretary On this Irth day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 5p, PASS, Q� er°nwt F< Commonwealth of Pennsylvania - Notary Seal /L, 4yB- , `1T' 'y<< p Teresa Ptgoma. Notary Public � �2� -R� OF Montgomery County / My commission expires March 28.2025 //',, g, �w Commission number1126044 By. -'hPs'YLv�a Je Member, Pcnnaylva.a Aw iarion of Nora-, Teresa Paslella, Notary Public 4RY PISO This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as Sul any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, r have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, s instruments shall be as binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -(act under provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in [heir respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the P er of Attorney executed by said Companies, is in full force and effect and has not been revoked. p)� 22 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thi day of it --_" W P� INSIJ/J P01 INS& tiJ o°aPO�T ?C� oiJ o°eP°`fir '92 1912 0 0 1919 0 m � o Y��9sSAclluS��.da y0"HAMPS`��pas, LMS-12873 LMIC OCIC WAIC Multi Co 02/21 %NSUp \vPa it oaq� Qyc 4 ? Fo 1n 4 1991 0 y. By: 'e ' DI d � Aa Renee C. Llewellyn, Assistant Seuei3ry O N 00 CV M 00 0 (0 m U EXECUTED IN DUPLICATE EXHIBIT B ORIGINAL CITY OF NEWPORT BEACH BOND NO. 024261383 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $6,658.00 , being at the rate of $ 25/151i thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Tony Painting hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of rust removal, refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces, as specified in contract documents at the following locations: (1) Civic Center Parking Structure (100 Civic Center Drive); (2) Civic Center (100 Civic Center Drive); (3) Mariner's Library (1300 Irvine Avenue); (4) Fire Station No. 4 — Balboa Island (124 Marine Avenue); (5) OASIS Senior Center (801 Narcissus Avenue); (6) Marina Park Lighthouse (1600 W Balboa Boulevard); (7) Newport Theatre Arts Center (2501 Cliff Drive); and (8) Sunset Ridge Park Restroom (4850 West Coast Highway) in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and THE OHIO CASUALTY INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Seventy Seven Thousand One Hundred Seventy Five Dollars ($377,175.00) 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. Tony Painting 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 _22Npday of FEBRUARY 20 23 . TONY PAINTING Name of Contractor (Principal) THE OHIO CASUALTY INSURANCE CQMPANY __ Name of Surety 1001 4HT AVE, STE #3800 SFATTLE, WA 94154-- Address of Surety 206-4793-6210 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 0 Aaron C. Harp City Attorney Autoorizel� Signature/Title rized Agent Signature SHILO LEE LOSINO ATTnRN FY-I N-FAC1 Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Tony Painting Page B-2 CALIFORNIA• • • • a V .a .w w .a .w w .a .w .wt.w .w a .w .a .a .w . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 22242- C 2,�) 2"3 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shilo Lee Losino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LUCASPATTERSON Notary Public •California � Los Angeles County � Commission # 23'52264 My Comm. Expires Mar 19, 1025 Place Notary Seal Above 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. AV Signature Signature of Notary AT-1— OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Genera ❑ Individual ❑ Attorne act ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: e: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205295-971967 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the `Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Shilo 1.. Losino. Steohanie Shear all of the city of Woodland I fills state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this l6th day of April 2021 . State of PENNSYLVANIA ss County of MONTGOMERY Liberty Mutual Insurance Company P� INS(/ P'1Y INS& N tNSURq The Ohio Casualty Insurance Company �J 4pRPORgl ?� yJ ooRPc, qy VQ coRP°Rgr Yn West American Insurance Company J3 `"om Q3 Fon �3 Fom �1912�0 0 1919 2 1991 0 ° �j1 Sg CHUS� da 0 �NA MPS da Ys �NOIANP �aS' / By: David M, Carey, Assistant Secretary o O On this 16th day of Aril 2021 before me personally appeared David M. Care who acknowledged himself to be the Assistant Secrete of Liberty Mutual Insurance tz w- O Y P' P Y PP ri 9 Secretary Y c; o ip Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes e Q? therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O 5p, PAST d L Q� tl,Off w, Commonwealth of Pennsylvania - Notary Seal p� gtZ v Teresa Pastella, Notary Public 4) Montgomery County r1 C O N O w OF My commission expires March 28, 2025 O Commission number1126044 By: ar. 'is.. NSYLVPN�1G Member, Pernaylve—Amoietion of Nolorie9 erase Paslelia, Notary Public Q c 4qY PO This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual 3 •� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows I0 oARTICLE IV — OFFICERS: Section 12. Power of Attorney. L m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the o`p .0 President may prescribe, shall appoint such allorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely � M e any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -o Have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such oo O instruments shall be as binding as if signed b the President and allesled to b the Secrete An power or authority y p y Z v 9 9 Y Y ry. Y P y granted to an representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o Li ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and bidding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Pow of Attorney executed by said Companies, is in full force and effect and has not been revoked. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of r"'i�Yj AAW �j�� 7✓� P� INSUrp9 P�0 INS& N 1NS1J/?q J 4oRPORg o2�m Q ?`oRvoRg o9y� r it oRgr 1912 0 0 1919 s o a o q e*es* as yO�y "AMPS adars�'"ejqN"aaa� By Renee C- Llewellyn, Assistant ;ecralary - LMS-12873 LMIC OCIC WAIC Multi Co 02y21 0 U m E O 0 N OO C14 OD 00 0 (0 M U EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Tony Painting Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten Tony Painting Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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 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 Tony Painting Page C-3 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. CitV Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Tony Painting Page C-4 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. Tony Painting Page C-5 City of Newport Beach 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO.23F02 CONTRACT NO. 8940-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor 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. 8940-1 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: lzwt Datd Bidder, Bidder's Telephone and Fax Numbers Bidder's Autl -11 Bidder's License No(s). Bidder' Add and Classification(s) G' DIR Registration Number Bidder's email address: PR-1 d Signature and Title 7/ Vendor Name Tony Painting Address 7291 Garden Grove Blvd Ste. A Garden Grove, California 92841 United States Respondee Ante Marijanovic Respondee Title President/CEO Phone 714-899-5303 Email tonyspaintingca@gmail.com Vendor Type CADIR License # 320164 CADIR 1000001496 Bid Format Electronic Submitted 01/25/2023 1143 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 316229 File Title File Name File Type Tony Painting Bid Packet City of Newport Beach.pdf Tony Painting Bid Packet City of Ne,�vport Beach_pdf General Attachment Tony Painting City of Newport Beach Bid Bond.pdf Tony Painting City of Newport Beach Bid Bond pdf Bid Bond No Subcontractors Discount Terms No Discount Item X Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section i 5377,175.00 1 Mobilization and Demobilization LS 1 $10,000.00 $10.000,00 Yes 2 Civic Center Parking Structure Fire Sprinklers LS 1 572,600.00 $72,600.00 Yes 3 Civic Center Exterior Steel LS 1 $43,000.00 $43,000.00 Yes 4 Mariner's Library LS 1 552,100.00 $52,100.00 Yes 5 Fire Station No. 4 LS 1 527,125.00 $27,125.00 Yes 6 OASIS Senior Center LS 1 $48,000.00 $48,000.00 Yes 7 Marina Park Lighthouse LS 1 $29,750.00 $29,750.00 Yes 8 Newport Theatre of Arts LS 1 $26,600.00 $26,600.00 Yes 9 Sunset Ridge Park Restroom LS 1 58,000.00 $8,000.00 Yes 10 Incidental Repairs to Damaged Surfaces LS 1 560,000.00 $60,000.00 Yes Section Title Section 1 Grand Total Line Total $377,175.00 $377,175.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2022-2023 Citywide Facilities Painting Project CONTRA C TIM. 8946-1 DATE: /G- 0675 BY:' --I L,0/ teputy Public w6rks Director/City Engineer Ir y 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 — No Changes D. PLANS 1. Replace Sheet 11 with Sheet 11 R attached a. Changed construction note 13 to construction note 12 for the CMU wall. b. Extended the South Elevation of Newport Theatre Arts Center. c. Added construction notes to paint metal flashing and gutter. 2. Replace Sheet 12 with Sheet 12R attached a. Changed construction note 12 to construction note 5. E. REQUEST FOR INFORMATION 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. Bidde 's Name (Plea a Print) Dat---,-- Authorized°Sigry ture & Title Alk � | | §||ƒ e@e(�t. � § | ■ ( $ \ ) / & \z f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-1 JOBWALK 1 1 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 2 2 2 2 2 2 2 2 2 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-5 PERMITS 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.1 General 7-8.4.2 Storage in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10 SAFETY 7-10.1 Traffic and Access 7-10.4 Safety 7-10.4.1 Work Site Safety SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment PART 2 - CONSTRUCTION MATERIALS SECTION 215 — BUILDING MATERIALS 215-1 BUILDING MATERIALS 215-1.1 Paint PART 3 - CONSTRUCTION METHODS ADD TO SECTION 310 — PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.1 Painting Structural Steel 310-5.1.1 Paint 310-5.1.2 Cleaning 310-5.3 Painting Galvanized Surfaces 310-5.5 Painting Lumber 310-5.5.1 Paint 310-5.6 Painting Concrete Surfaces 310-5.6.1 Paint 310-5.6.2 Preparation of Surfaces 310-5.7 Painting CMU Surfaces 310-5.7.1 Paint 310-5.7.2 Preparation of Surfaces 310-5.8 Painting Aluminum Surfaces 310-5.8.1 Paint 310-5.8.2 Preparation of Surfaces 310-5.9 Painting Portland Cement Plaster (Stucco) Surfaces 310-5.9.1 Paint SECTION 315 — GENERAL EXTERIOR PAINTING 315-1 SURFACE PREPARATION 315-1.1 General 315-2 PAINT APPLICATION 315-2.1 General 315-2.2 Material Compatibility 315-2.3 Cleaning and Protection 315-3 SUBMITTALS 315-3.1 Product Data 315-3.2 Samples for Initial Selection 315-3.3 Samples for Verification 314-3.4 Product List 6 6 6 6 7 7 7 7 8 8 8 8 10 10 10 10 10 11 11 11 11 11 11 11 12 12 12 12 12 12 12 13 13 13 13 13 13 13 13 13 14 14 15 15 15 15 15 15 16 315-3.5 Mockups MCI APPENDIX A — PHOTOS Al CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2022-2023 FACILITIES PAINTING PROJECT PROJECT NO. 23F02 CONTRACT NO. 8940-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B-5304-S); (3) the City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-1 JOBWALK Appendix A includes photos of each location. All sites are publicly accessible. It is the Contractor's responsibility to perform site visits, as necessary to provide a comprehensive Bid. SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: Page 1 of 16 City — City of Newport Beach Gloss Level 2 — Not more than 10 units at 60 degrees and 35 units at 85 degrees, according to ASTM D 523. SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "B" General Building Contractor or a Class "C-33" Painting and Decorating Contractor license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary forthe completion of this contract consists of rust removal, refinishing wood surfaces, cleaning, preparing and painting interior and exterior surfaces, as specified in contract documents at the following locations: 1. Civic Center Parking Structure (100 Civic Center Drive) 2. Civic Center (100 Civic Center Drive) 3. Mariner's Library (1300 Irvine Avenue) 4. Fire Station No. 4 — Balboa Island (124 Marine Avenue) 5. OASIS Senior Center (801 Narcissus Avenue) 6. Marina Park Lighthouse (1600 W Balboa Boulevard) 7. Newport Theatre Arts Center (2501 Cliff Drive) 8. Sunset Ridge Park Restroom (4850 West Coast Highway) SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. Page 2 of 16 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 Page 3 of 16 shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. PLEASE NOTE THE FOLLOWING SCHEDULE CONDITIONS AT EACH LOCATION: 1. Fire Station No. 4 — Balboa Island: The construction for this location shall NOT take place between Memorial Day and Labor Day. Working hours for this location shall occur between 8:00 a.m. — 4:00 p.m. 2. Marina Park Lighthouse: The construction for this location shall NOT take place between Memorial Day and Labor Day. 3. Civic Center Parking Structure: Night work is required for this location. Night hours shall be 9:00 p.m. — 5:00 a.m. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 120 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Except as modified in Section 6-1.1, normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. Contractor shall work at one site at a time. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $251 per hour when such time periods are approved. The following days are designated City holidays and are non -working days 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) Page 4 of 16 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 26t' thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to facilities' users as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR Page 5 of 16 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-5 PERMITS Replace this Section with "A City Building Permit is not required." 7-7 COOPERATION AND COLLATERAL WORK Add to this Section: "City fire crews at Fire Station No. 4 are on continuous duty and will need continuous access to their facilities to respond to incidents in the field. The contractor at all times shall be prepared to temporarily cease operation in short notice to give City fire crews access to the apparatus bay and building." 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.1 General Add to this Section: "Store materials not in use in tightly covered containers in well - ventilated areas with ambient temperatures continuously maintained at not less than 45 degrees F (7 degrees C) or more than 120 degrees F (49 degrees C). Maintain containers in clean condition, free of foreign materials and residue. Remove rags and waste from storage areas daily." 7-8.4.2 Storage in Public Streets Construction materials and equipment may not be stored in streets, roads, or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) Where applicable, the Contractor shall submit, a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. Page 6 of 16 b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.1 Traffic and Access Add to this Section: "Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or equipment, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Since the City facilities operate continuously, the Contractor shall expect and plan for vehicle and pedestrian traffic around his work at all times. Construction delineators and other warning devices shall be placed whenever work is being performed along access roads within the Yards for safely." 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Page 7 of 16 SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing BMPs, construction schedule, Schedule of Values, site cleanup, at least one (1) portable toilet, and all other related work as required by the Contract Documents and these Special Provisions. Item No. 2 Civic Center Parking Structure: Work under this item shall include all equipment materials, supplies, labor and costs needed to paint or refinish all surfaces of fire sprinkler 2 inch piping (approx. 6,000 LF), 4 inch piping (approx. 2,000 LF), 6 inch piping (approx. 600 LF), and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, BondoO filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 3 Civic Center: Work under this item shall include all equipment materials, supplies, labor and costs needed to paint or refinish all surfaces of exterior steel (approx. 7,500 SF), downspouts (approx. 150 LF), aluminum trellis (approx. 10,000 SF), and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, BondoO filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 4 Mariner's Library (Exterior): Work under this item shall include all equipment materials, supplies, labor and costs needed to paint all plaster walls and stucco pilasters (approx. 20,000 SF), galvanized steel metal fascia (approx. 2,500 SF), Page 8 of 16 aluminum louvers (approx. 1,500 SF), tube steel trellis (approx. 2,000 SF), and appurtenances, 3 inch diameter galvanized steel downspouts (approx. 300 LF), metal doors (approx. 3 EA), and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements; and install at least two coats of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 5 Fire Station No. 4 (Exterior): Work under this item shall include all equipment materials, supplies, labor and costs needed to paint all exterior stucco walls (approx. 6,500 SF), wood trim including door and window trim (approx. 500 SF), concrete trim and concrete cap (approx. 500 SF), metal louvers (approx. 70 SF), wrought iron gates and railing (approx. 150 SF), wood apparatus bay doors (approx. 250 SF), aluminum apparatus bay doors (approx. 300 SF), 3 inch galvanized metal downspouts (approx. 250 LF), 5 inch half round galvanized metal rain gutter (approx. 350 LF), wheel guards (approx. 4 EA), and protect all other city properties (vehicles, equipment, tools, etc) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. Contractor shall paint around all existing mounted frames. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 6 OASIS Senior Center (Exterior): Work under this item shall include all equipment materials, supplies, labor and costs needed to strip and stain cedar wood siding (approx. 3,500 SF), apply clear marine varnish to existing cedar wood siding (approx. 8,000 SF), paint aluminum flashing (approx. 150 LF), metal hand rails (approx. 800 LF) and bollards (approx. 31 EA) and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 7 Marina Park Lighthouse Restroom: Work under this item shall include all equipment materials, supplies, labor and costs needed to paint all plaster surfaces (approx. 4,500 SF), metal plates connecting slide to concrete deck (approx. 2 EA), and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating; removing and reinstalling furniture. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 8 Newport Theatre Arts Center (Exterior): Work under this item shall include all equipment materials, supplies, labor and costs needed to paint all stucco surfaces (approx. 6,000 SF), wood fascia (approx. 750 SF), wood doors (5), metal flashing (approx. 300 LF), downspouts (approx. 175 LF), gutters (approx. 200 LF), hand Page 9 of 16 railing (approx. 175 LF), metal bars over windows (approx. 5 EA), CMU Walls (approx. 225 SF) and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, BondoO filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 9 Sunset Ridge Park Restroom: Work under this item shall include all equipment materials, supplies, labor and costs needed to strip and seal all wood surfaces (approx. 400 SF); remove, blast, and coat steel mesh (approx. 250 SF); paint metal gate (approx. 2 EA) and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, BondoO filling, caulking, derusting, etc.) to receive the improvements; and install at least one coat of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 10 Incidental Repairs to Damaged Surfaces (Allowance): The Contractor shall have included in this bid a $60,000.00 allowance for incidental repairs to damaged surfaces or changed conditions, including all of the equipment, materials, supplies, labor, and costs needed, that are beyond the required preparation as specified in the Technical Specification. All work under this bid item requires prior written approval from the Engineer. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. 9-3.2 Partial and Final Payment From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 215 — BUILDING MATERIALS 215-1 BUILDING MATERIALS 215-1.1 Paints, Stains, and Finishes Page 10 of 16 Unless specifically noted below, the materials necessary to complete the work shall be as indicated in the project specifications or Engineer approved equal. Contractor shall provide the Engineer with color chips for approval prior to starting work. Site specific materials or approved equal listed below: Fire Station No. 4 Exterior (124 Marine Avenue) • Colors o Stucco: Dunn Edwards Whisper DEW340 o Trim: Dunn Edwards Weathered Brown DEC756 o Window Trim: Dunn Edwards Vulcan DE6341 o Front Doors: Dunn Edwards Hot Jazz DEA107 OASIS Senior Center (801 Narcissus Avenue) • Stain o Sherwin Williams SuperDeck Log Home & Deck Stain, Semi -Transparent Varnish o Helmsman Waterbased Indoor/Outdoor Spar Urethane Clear Semi -Gloss PART 3 - CONSTRUCTION METHODS ADD TO SECTION 310 —PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.1 Painting Structural Steel 310-5.1.1 Paint Add to this Section: "Waterborne acrylic over an Alkyd Primer System: Prime coat to consist of primer, rust inhibitive, waterbome alkyd, exterior, Dunn -Edwards, Enduraprime Rust Preventative Primer ENPR00. Intermediate coat to consist of acrylic, exterior, matching topcoat. Top coat to consist of waterborne, acrylic, high performance, exterior, semi- gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.1.2 Cleaning Add to Section: "Remove rust, loose mill scale, and shop primer if any. Clean using methods recommended in writing by paint manufacturer." 310-5.3 Painting Galvanized Surfaces Add to Section: "Waterborne acrylic over a latex primer system: Prime coat to consist of primer, waterbased exterior, Dunn -Edwards Ultrashield Galvanized Metal Primer ULGM00. Intermediate coat to consist of waterborne acrylic, Page 11 of 16 exterior, matching topcoat. Topcoat to consist of waterborne acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.5 Painting Lumber 310-5.5.1 Paint Add to this Section: "Ultra -Premium Latex System: Prime coat to consist of primer, waterbase, exterior, Dunn -Edwards, EZ-Prime Premium EZPR00. Intermediate coat to consist of latex, exterior, matching topcoat. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100% acrylic, (Gloss Level 2). Stain System, Acrylic: Preparation to include Rustoleum, RockSoild Wood Cleaner & Brightener. Intermediate coat to consist of acrylic, exterior, matching topcoat. Topcoat to consist of acrylic, exterior, water -base, wood stain, Rustoleum, Okon Weather Pro Solid Stain." 310-5.6 Painting Concrete Surfaces 310-5.6.1 Paint Ultra -Premium Latex System: Prime coat to consist of primer, alkali resistant, waterbased, exterior, Dunn -Edwards, Eff- Stop Premium ESPR00 (if Efflorescence present) or Super-Loc Premium SLPR00-2-WH Exterior Masonry/Bonding Primer. Intermediate coat to consist of latex, exterior, matching topcoat. Top coat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100% acrylic, (Gloss Level 2). 310-5.6.2 Preparation of Surfaces Remove release agents, curing compounds, efflorescence, and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in the manufacturer's written instructions. 310-5.7 Painting CMU Surfaces 310-5.7.1 Paint Ultra -Premium Latex System: Prime coat to consist of alkali resistant, waterbased, exterior primer, Dunn - Edwards, Eff-Stop Premium ESPR00 (if Efflorescence present) or Urethane Modified Acrylic Exterior Masonry/Bonding Primer, Dunn -Edwards Super-Loc Premium SLPR00- 2-WH (Previously painted surface). Intermediate coat to consist of latex, exterior, Page 12 of 16 matching topcoat. Top coat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100% acrylic, (Gloss Level 2). 310-5.7.2 Preparation of Surfaces Remove efflorescence and chalk. Do not paint surfaces if moisture or alkalinity of surfaces or mortar joints exceeds that permitted in manufacturer's written instructions. 310-5.8 Painting Aluminum Surfaces 310-5.8.1 Paint Waterborne Acrylic over a Latex Primer System: Prime Coat to consist of primer, waterbased, exterior, Dunn -Edwards, Ultrashield Galvanized Metal Primer ULGM00. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. Top coat to consist of waterborne, acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn Edwards, Endura-Coat ENCT50. 310-5.8.2 Preparation of Surfaces Remove loose surface oxidation. 310-5.9 Painting Portland Cement Plaster (Stucco) Surfaces 310-5.9.1 Paint Ultra -Premium Latex System: Prime coat to consist of primer, alkali resistant, waterbased, exterior, Dunn - Edwards, Eff-Stop Premium ESPR00. Intermediate coat to consist of latex, exterior, matching topcoat. Top coat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100% acrylic, (Gloss Level 2). SECTION 315 — GENERAL EXTERIOR PAINTING 315-1 SURFACE PREPARATION 315-1.1 General Comply with manufacturer's written instructions. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface -applied protection before surface preparation and painting. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface -applied protection. Page 13 of 16 Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants. Remove incompatible primers and re - prime substrate with compatible primers or apply tie coat as required to produce paint systems indicated. All surfaces shall be scraped, sanded (wood), pressure washed (non -wood), grinded (metal), patched, filled, or caulked in addition to any other requirements to ensure proper adhesion. No finishes shall be applied if the surfaces do not comply with the product manufacturer's instructions in terms of temperature or humidity. 315-2 PAINT APPLICATION 315-2.1 General Apply paints according to manufacturer's written instructions. Use applicators and techniques suited for paint and substrate indicated. The number of coats scheduled is the minimum number of coats required. Additional coat(s) shall be applied at no additional cost to the Owner, to completely hide base material, provide uniform color, and to produce satisfactory finish results. Apply coatings without thinning except as specifically required by label directions or required by these specifications. In such cases, thinning shall be the minimum reduction permitted. Paint both sides and edges of exterior doors and entire exposed surface of exterior door frames. Paint entire exposed surface of window frames and sashes. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. Tint each undercoat to a lighter shade of the finish coat (not to exceed 2 ounces of colorant) to facilitate identification of each coat if multiple coats of same material are to be applied. If under coats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. Paint the following where exposed to view: 1. Uninsulated metal piping. 2. Uninsulated plastic piping. 3. Pipe hangers and supports. 4. Metal conduit. 5. Plastic conduit. 6. Other items as directed by the Engineer. Page 14 of 16 315-2.2 Material Compatibility Provide products listed from Dunn -Edwards Corporation or approved equal. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. Provide materials that comply with VOC limits of authorities having jurisdiction. The use of colorants containing hazardous chemicals, such as ethylene glycol, is prohibited. Examine substrates and conditions, with Applicator present, for compliance with requirements and other conditions affecting performance of Work. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. Proceed with coating application only after unsatisfactory conditions have been corrected. Colors shall be as selected by the Engineer. 315-2.3 Cleaning and Protection At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. Correct any damage to the existing site by cleaning, repairing, replacing, and refinishing, as approved by Engineer, and leave in an undamaged condition. 315-3 SUBMITTALS 315-3.1 Product Data For each type of product, include preparation requirements and application instructions. 315-3.2 Samples for Initial Selection Provide samples for initial selection for each type of topcoat product. 315-3.3 Samples for Verification Provide samples for each type of paint system and each color and gloss of topcoat. Submit samples on rigid backing, no smaller than 7 inches by 10 inches or larger than 8.5 inches by 11 inches. Label each sample for the project, Engineer, general contractor, painting contractor, paint color name, paint brand name, "P" number if applicable, and application area. Page 15 of 16 314-3.4 Product List For each product indicated, include cross references to the paint system and locations of application areas. Use same designations indicated on Drawings and in schedules. Include the VOC content. 315-3.5 Mockups Apply mockups of each paint system indicated and each color and finish selected to verify the preliminary selections made under Sample Submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. Provide samples of at least 100 sq. ft. Engineer will designate any other items or areas required. Final approval of color selections will be based on mockups. If preliminary color selections are not approved, apply additional mockups of additional colors selected by Engineer at no added cost to Owner. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Engineer specifically approves such deviations in writing. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. Page 16 of 16 APPENDIX A - PHOTOS a PHOTO APPENDIX LOCATION 1 —CIVIC CENTER PARKING STRUCTURE Civic Center Parking Structure —Typical Sprinklers Page 1 of 67 Typical Sprinklers —Leve| l Page 2 of 67 Typical Sprinklers — Level 1 Page 3 of 67 Typical Sprinklers — Level 2 Page 4 of 67 Typical Sprinklers — Level 2 Page 5 of 67 Typical Sprinklers - Level 2 Page 6 of 67 Typical Standpipe - Level 3 Page 7 of 67 Typical Pipes and Sprinklers — Level 2 Page 8 of 67 LOCATION 2 -CIVIC CENTER EXTERIOR STEEL Civic Center Exterior - West Side Facing Avocado Avenue Page 9 of 67 i Civic Center - South Side Facing Library Page 13 of 67 LOCATION 3 -MARINER'S LIBRARY Mariner's Library -West Side Facing Irvine Avenue Page 14 of 67 Mariner's Library -West Side Facing Irvine Avenue Near Front Entrance Page 15 of 67 Mariner's Library - West Side Facing Irvine Avenue Page 16 of 67 Mariner's Library - North Side Facing Dover Drive Page 17 of 67 Mariner's Library - East Side Facing Park Page 19 of 67 � � fixs t i 4�''�:: r �r•�-ak Irv. rib b x r+rf�r � 4 + rgsfwl 4� cA y I9 + �' '`� u��� � qp { Y{ y r � +,�� � ��Yfi _•{�gih"f� ��'�. �L'Y�'�4, i .A ,� y'a 5 f �r�'t r N � • it ki It, 9 II I ' K{ 1,. i -_ � 'Sf £ "�' 4 y�'��4'� `�3" ; '"r`sa".�� °15•u Fi�cr„�'� 4, r r fl t t � -. ~ ' �,]��`�- 3 wKq• �Mr sxr�,,. n, �.,t� d T f� "� •. ���iµ.��5 �I :,��Hn �"� �t-14�r'#• ��1� �F�*H,,rr���Y� tj�}�,,T��r,{" F ��(,�.r.',+y '. � 5 r�� a ,r5r i aLL a Ms'� � �A r; •�"'��� ,..�+� a� a ., 2a'k R�f��t 2'!iiffiSFcf�' ���+ .+�%Y.� � t i � � � " � - , a_. `.Brix', LOCATION 4 - FIRE STATION NO. 4 Fire Station No. 4 -West Side Facing Marine Avenue Page 22 of 67 Fire Station No. 4 - North Side Park Avenue Page 23 of 67 Fire Station No. 4 — East Side Facing Alley Page 24 of 67 Fire Station No. 4 - South Facing Side Page 2S of 67 rA Fire Station No. 4 - Second Level Deck and Clock Tower Page 27 of 67 Fire Station No. 4 - Second Level Deck Page 28 of 67 • Fire Station No. 4 - Second Level Deck Concrete Cap Page 29 of 67 perfect palette Fire Station. Balboa Island Cambria Lentr, Professional Color Advisor 949-548-0105, NewportBoachCearAdviForiidunneclwards.com Scheme © Stucco: Whisper DEW340 2 ElTrim: Weathered Broom DEC756 © Window Trim: Vulcan DE6341 0 Front Door: Hot Jazz DEA107 Proposed Fire Station No. 4 Color Scheme Page 30 of 67 LOCATION 5 -OASIS SENIOR CENTER OASIS - Damaged Beam and Cap Page 31 of 67 l� OASIS - South Facing Hand Rails Page 33 of 67 wN OASIS - Damaged Railing on North End of Property Page 35 of 67 OASIS -Aluminum Flashing East Side Facing Courtyard Page 36 of 67 W OASIS - Aluminum Flashing East Side Facing Courtyard Page 37 of 67 OASIS - Damaged Beam End Cap Page 38 of 67 OASIS - Hand Rails near Corner of Fifth Avenue and Marguerite Avenue Page 39 of 67 LOCATION 6 -MARINA PARK LIGHTHOUSE Marina Park Lighthouse - Exterior South Facing Side Page 40 of 67 Marina Park Lighthouse - Women's Restroom Interior Plaster Page 41 of 67 Marina Park Lighthouse - Women's Restroom Interior Plaster Page 42 of 67 Marina Park Lighthouse - Men's Restroom Interior Plaster Page 43 of 67 Marina Park Lighthouse - Men's Restroom Interior Plaster Page 44 of 67 ... i � -: rflrF r r rifff +tlttfl���'17 �� / �'%PPP f i ��� ���'. �2:� .. .. � .� , �2\ »�\»m< �/ : � ©\/� �k�A � ` �> .>� ��> . � . « < © � ( ��:� � -� � � ���dk��5. ���� fig yz � � � � � � � � � � � � � � . .� >... � yz� :«� 79 ������������\ � � � � � � � � � � � � � Marina Park Lighthouse - Metal Plates Connecting Slide to Deck Page 47 of 67 LOCATION 7 - NEWPORT THEATRE ARTS CENTER Newport Theatre Arts Center - East Side Facing Cliff Drive Page 48 of 67 Sc jq iz* n P-16 I' M Newport Theatre Arts Center - North Side Facing Park Place Page 49 of 67 ' ztt3 yi'�t- Newport Theatre Arts Center -West Side Facing Pacific Cost Highway Page 52 of 67 � 's -ate. � % . } � w +�f +. .. r y .�, i �+ ` }�; 7,a t 'f ` � j �! 4 � i��: r9Y1 i i}� �� ,.` � � t .�, i s* k ' S_,, _ �i4 c�; .� '.' V _��__..__ --_- __ _ __. I I' _ r � ���� y � _ � ,� -:::! '��'". R�'. r. �. k;y% A � ic. ��,.� o'ylY .x5t i�� (. Y� � L �• r�� 4'�a �� 4�`i�a f � .- i? Newport Theatre Arts Center - Hand Railing Page 54 of 67 Newport Theatre Arts Center - Hand Railing Page 55 of 67 Newport Theatre Arts Center - Hand Railing Page 57 of 67 LOCATION 8-SUNSET RIDGE PARK RESTROOM Sunset Ridge Restroom - Metal Mesh Page 58 of 67 Sunset Ridge Restroom — Metal Gate Page 59 of 67 «n�qwl-- •MEN @■ ^.iƒ V L§ .. ,�.n..<. sue-*' �� _ jY1i ._..HP�: Sunset Ridge Restroom - Vertical Wood and Metal Mesh Page 62 of 67 Sunset Ridge Restroom - Vertical Wood and Metal Mesh Page 63 of 67 Sunset Ridge Restroom - Vertical Wood and Metal Mesh Page 64 of 67 Sunset Ridge Restroom - Metal Mesh Page 65 of 67 +S L f •i Y �.� R7 ;dY*�.1 4Y�� J J-,�'V4 1111 y, k 3y}-,' ffI 1 t� Isk r 1 �, t I H I