HomeMy WebLinkAboutC-8905-2 - 2022-2023 Restroom Rehbailitation ProjectV
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 1st day of November, 2023,
at which time such bids shall be opened and read for
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
$1,250,000
Engineer's Estimate
Approved by
/James M. Houlihan
puty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078
Hard copy plans are available via (Select One)
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Mouse Graphics at (949) 548-5571
659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "B"
For further information, call Kyle Aube, Project Manager at (949) 644-3296
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor-
reqistration
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
INSTRUCTIONS TO BIDDERS
1, The following documents shall be completed, executed, uploaded and received by the City Cleric
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, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words 'Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office,
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5.
Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
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 appliec
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 mE
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
to S 2.) 5 era( 44 3)
Contractor's License No. & Classification Authorized STgn6tdreaitle
12oo 1813 90 (�--3,0-2Y)
DIR Registration Number & Expiration Date
i3yi L d ��2G f VtJ�, S�.0
Bidder
5
11-1- 23
Date
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal surr, of Ten percent of the arnount of the bid
Dollars ($ ` hC) ), 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
RESTROOM REHABILITATION PROJECT, Contract No. 8905-2 in the City of Newport Beach,
is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded
to the Principal, and the Principal fails to execute the Contract Documents in the form(s)
prescribed, including the required bonds, and original insurance certificates and endorsements
for the construction of the project within thirty (3D) 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 S�day of (a9!! 2023.
Mudd Spectrum,lne
Name of Contractor (Principal) thorized Signature/Title
Old Republic Surety Company
Name of Surety Authorized Agent Sign - re
14728 Pipe;lne Ave Suste E Chino Hills CA 91709 Arash T Eshraghi Attorney -in -Fact
Address of Surety Print Name and Title
213-20-0922
Telephone
(Notary acknowledgment of Principal & SUrety must be attached)
A
REPUBLIC SURETY COP4PANI
POWER OF ATTORNEY .4
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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 Califomia
County of ofn.0lgP j ss. On ' �� � 20 2 "I— before me,
Notary Public, personally appeared Al2ASN 1 ES'AYckg
who proved to me on the basis of satisfactory evidence to be the person('whose name,) is4re
subscribed to the within instrument and acknowledged to me that he�eohey executed the same
in his/t) r/toir authorized capacity(ies), and that by his/he(r/*ir signatures 9) on the instrument
the person, or the entity upon behalf of which the person(4 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 A -SM. AKRAM RASOULI
l ORANGCOMME
MCOUNTY
Z � ORANGE COUNTY
QQ NOTARY PUBLIC-CALIFORNIAZ
MY COMMISSION EXPIRES "
Signature SANUARV 05. 2027
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
\a_ 31- 0-3
Thumbprint of Signer
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
[] Check here if
Capacity(ies) claimed by Signer(s): no thumbprint
Trustee or fingerprint
Power of Attorney is available.
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
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 o+' _} SS.
On c : -4oVe' 3r + 20 1,' before me, reA&(Vl i
Notary Public, personally appeared PesNAO FA0A\\\ANm
who proved to me on the basis of satisfactory evidence to be the personWwhose name(A`) is/ate
subscribed to the within instrument and acknowledged to me tha he/ ey`executed the same
in his/her/their authorized capacity(ies), and that by his/h6r-/t eir signaturesW-on the instrument
the person) or the entity upon behalf of which the person (gyacted, 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. — — —�
AKHAM RASOULI
WITNESS my hand and official seal. COMM.M242973-
Z ORANGE COUNTY
QQQ I NOTARY PUBLIC-CALIFORNIAZ
MYCOMMISSIONEXPIMES
JANUARY 05, 2027
Si ure (seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } 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
f?
(seal)
CRY of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8906-2
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
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.
1 � C d J` R4l?(4rVM TV&
Bidder
9
%� '" rw�d Yaltww
Authorized Signature/Title
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formlll Please print or type.
Bidder's Name !B Ul t! d SPc ityrK mkc.
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 La kaa ivo0 1S L i brow
Project Description N;W DUILd 116rvrf -C)ct,+�x1 44y A111 An► -ktl'"
Approximate Construction Dates: From 29-12 To: q-lo_13
Agency Name < J±J 01(AANU 1%odS
Contact Person A CiL Qr4erl Telephone (9u j �'39- o 3`8
Original Contract Amount $, ,2 +�► _Final Contract Amount $ 1. J1 .*y o n
If final amount is different from original, please explain (change orders, extra work, etc.)
avnlr✓ rleTveS _d E'_ Af 0*✓K
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.
10
No. 2
Project Name/Number_%IboY maw G��bh6t/Se
Project Description o
Approximate Construction Dates: From :2- 2a To: 6 15,�2
Agency Name Ci 4 o f my b, k. ' -fin B
Contact Person Y►fJ X(V Telephone (511) 721CA 0
Original Contract Amount $ 5l 000- Final Contract Amount $ 78n aaao"
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number PQ L aey rzpozr -c►wirf S► V
Project Description �C�1 Ravv ,4, �'rv� el Fl�e%Z�.PyN"� $Vtc.' 1a Approximate Construction Construction Dates; From 1 _ /o— 22. To: 5_ 3a 19
Agency Name clyy woerey ParK
Contact Person (/ti' S /3eAgV'8nl;P-, Telephone Q6) 3o7_ 1325
Original Contract Amount $_89Final Contract Amount $ 99;6292. oa
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly e> plain and indicate outcome of claims.
11
No. 4
Project Name/Number___(, yN� r.. d 64� 11.11 ttT) ' 0CJJL d1'v4
Project Description _e n f� rC (; fiy Nall .t,/►ro �? �Ot/i (dti Ytt Jo'i-a, m
Approximate Construction Dates: From To: U_ >S 2 2
Agency Name (yNp/o- d
Contact Person /*j(4;,Ae z. Telephone ( )
Original Contract Amount $95�26,2;-final Contract Amount $ Gi 5. 9 60 3.2
If final amount is different from original, please explain (change orders, extra work, etc.)
YC ►�O dG Y oWncr
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? V yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number
Project Description
Approximate Construction Dates: From T,
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
12
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone (
Original Contract Amount $ Final Contract Amount $,
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Bidder Au Signature/Title
13
Mohammad Khosravi
Laguna Niguel, CA 92677 1 (949) 307- 43891
Objective:
Improve Project Productivity and Performance, Improve Team Communication and
Collaboration, Expand my Project Management Knowledge Execute High -Impact
Projects and Gain a Strategic Understanding of the Company's Goals and Implement
Relevant Initiatives.
Profile/Skills/ Other:
• Strong communication, People, Team, Problem solving and Multitasking skills
• Goal oriented, Well organized, Punctual, Detail- oriented, Thorough, and Accurate
• Several years of solid experience in heavy -volume, fast paced environments
• EPA Certification.
• Strong work ethic, eager to learn and willing to contribute to teams goals and
objectives
• ISO 9100 / MSP / MS Office Suite / Visio / MDT ACAD / LSO-TS / QS -TS /
Six Sigma, Lean Manufacturing, 5S, PFMEA, DFMEA
• California Contractor State License Board (General A & B Licenses )
• 10 hr and 30 hr Osha certified.
• First Aid and CPR certified since 2016
Related Exerience:
Summary of Qualifications:
iBuild Spectrum Inc. (Public Works) 2019 to Be Continue
• Construction Project Manger
responsible for managing and directing scheduled maintenance,
including: hazardous materials, capital construction and special
projects; coordinate and supervise the construction process from the
conceptual development stage through post occupancy, in a timely
and cost effective Play the lead role in planning, executing,
monitoring, controlling, and closing out projects, accountable for the
entire project scope, the project team and resources, the project
budget, and the success of the project.
Archico Design Build Inc. (Public works) 2015- 2018
• Construction Superintendent:
Site superintendents oversee the construction process and are resnonsih
overall construction activities within the established design, budget and
scheduling guidelines including include planning and scheduling,
organizing, directing and controlling activities on the construction site
Pacific Builder (Public works) 2009-2015
• Construction Superintendent:
Site superintendents oversee the construction process and are responsib
overall construction activities within the established design, budget and
scheduling guidelines including include planning and scheduling,
organizing, directing and controlling activities on the construction site .
APEH Construction Company 1997-2009
Accomplished, seasoned professional with success in operations management to achieve
executives, clients technically proficient in spreadsheets, word processing.
• Professional Experience.
• Management development and planning.
• Team Building & leadership.
• Constructions planning& scheduling.
• Estimating & job costing.
• Safety & compliance management.
• Permitting & building code.
Education
B.S. in Mechanical Engineering - Heat & Fluids March 1996
Azad University - Tehran
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
Countyof —o r�_ )
farAm l RrAaw� —being first duly sworn, deposes and says that he or she is
teA o of iAVL• d S Pe_0Ar-;V _• , the party making the
foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of Ca rnia that the foregoing is true and correct.
pQUi 1 J S�QG+t'dm �V1,C• �b
Bidder Au d Signature/Title
Subscribed and sworn to (or affirmed) before me on this day of 2023
by , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
[SEAL]
Notary Public z-e-e llvev 1'eo� e,
My Commission Expires:
n
otaryub,)' oor oche o ,«t �Qm g Is @«��,�At� ��r���s only, rh�� CALIFORNIA A L L- P U R P O S E
the Individual who signed the document to which this certificate
and not the tnuhtulness accuracy, of validity of that document. C E RT I F I C ATE OF
i State of California ACKNOWLEDGMENT
County of cgtj1tr—)
On NQ fe4 6_" ' before me, (here insert name and title of the Officer)
Personally appeared Y
who proved to me on the basis of satisfactory evidence to be the person whose name is/ajrilf subscribed to
the within instrument and acknowledged to me that he/s /I:Vy executed the same in his/h/tWiir
authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
AKRAM RASOULI
COMM. )) 2a211139
Z ORANGE COUNTY
Q - NOTARY PUBLIC-CALIFORNIAZ
�f MY COMMISSION EXPIRES "
JANUARY 05, 2027
(Seal)
OPTIONAL INFORMATION atrachmen
dulent emovol nd re
acknowsectionAlthouh the information in this ledgme t to on unauthorizeddocument and may prove useful to personlow, it could prevent s eying on the attached document_t of his
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Containing pages, and dated
The signer(s) capacity or authority is/are as:
Q Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officers)
rtle(s)
j] Guardian/Conservator
GI Partner - Limited/General
❑ Trustee(s)
❑ Ocher:
fepfe5en[InO: ---
Name(s) of PerSOn(s) or EnIlg(les) Signer is Representing
Method Identification
Proved to me on the basis of satisfactory evidence:
L-0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal orr
Page IF Entry #
Notary contact:
Other
[] Additional Signer(s) ❑ signer(s)Thumbprint(s)
p [opydght 2007-2014 N-- Rota+y. Inc. PO box 41400. Des Molnes. IA 50311.0507. All Rights Reserved Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
DESIGNATION OF SURETIES
Bidder's name J U/L�.St'�°�,�rr/m 'IU
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):
AAAWI s ; l 9 O A Von gs rq Gen ay- -rr(-, Nt 9��2 ___ .
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name %d urC f S,�_�f�,,,•l,C
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2022
2021
2020
2019
2018
Total
2023
No. of contracts
5
LN
30
Total dollar
Amount of
Contracts (in
SA
6. 9A
S. 3'2M
.5' art
SM
Thousands of $
No. of fatalities
No. of lost
Workday Cases
—f%
,�
_�-
—m-
_4
r Q—
--O_
No. of lost
workday cases
involving
permanent�—
transfer to
anotherjob or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder _ 13O U Sp LhL
Business Address: s'�o dd 6o1 �C+r��Q �, fit, �� 9
Business Tel. No.:
State Contractor's License No. and
Classification: 10 59215 (6e►tera �, 8
Title
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
;ba
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
r officer completing this certiricnte verifies only the
A notary public or othe
identity of the Individual who signed the document to which this certlficate
fs attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County ofxc
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
On A!?*ilLL „ before me, (here insert name and thle of the afhcer) `
personally appeared
who proved to me on the basis of satisfactory evidence to be the erson(yli whose named is/arj subscribed to
h$KeOfeexecuted the same in W/h/�eir
the within instrument and acknowledged to me that at ree/ / einstrument he person(s), or he{entity
authorized capacity(ies), and that by his/lyer/their sign �rgi
upon behalf of which the persoro) 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
OPTIONAL INFORMATION
AKRAM RASOULI
^� COMM. 0 2A25735
Z ORANGE COUNTY
NOTARY PUBLIC-CALIFORNIAZ
MY cOMMISSION EXPIRES J
JANUARY 05, 2027
(Seal)
acknowledgment to on uncuthrorized document and mayy prove useful law, it could �o persorevenr ns relying on to orrached documenr_C of this -ii
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
TitterA
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:.__.
TNameW of Persons) or Enthyties) Signer is Representing
rah i,.�l
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
L-0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notaryjournal on:
Page IF Entry 3
Notary contact:
Other
❑ Additional5igner(s) ❑ Signer(s)ThumbprirttW
El
o copyright 2007•1014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311.0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
A notary public nt other ofricet completing thls certircate verifies only the
identity of the individual who signed the document to which this certificate
Is attached. and not the tn)thfuiness, accuracy, or vslidity of that document.
State of California
County of " 0Y&gj0,
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
A V
on ,r�l�'ir�t''is� _9.kbefore me, _ , (here insert name and true of the officer)
personally appeared �itr8�4A.c� �aY%'�` •✓
who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) Is/al subscribed to
the within instrument and acknowledged to me that he/s&tf ey executed the same in his/hef/their
authorized capacity(ies), and that by his/hpt/tikir signatures) on the instrument the person(, or the entity
upon behalf of which the person) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
AKR�OULI
COMM. It 2429739 D
Z ORANGE COUNTY b
Q NOTARY PUELIC-CALIFORNIAZ
Q MY COMMISSION ExP(RES
JANUARY05,2U27
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document I Method of Signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -fact
❑ Corporate Officer(s)
Title(s)
❑ Guardian/Conservator
❑ Partner - Umited/General
❑ Trustee(s)
❑ Other:
G j f2presentlnp: ,— NeMI(s) of Persons) or Entlty(lo) Signor Is Representing
Proved to me on the basis of satisfactory evidence:
LQ form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary joumat on:
Page IF Entry #
Notary contact:
Other
❑ Additional Signer(s) [] signer(s) Thumbprint(s)
a Copyright 2007-2014 Notuy Rotary, Inc PO 009 414M Des Moines, IA S0311.0507. All Rights Reserved. Item Number 101772, Please contact your Authorbed Reseller to purchase copies of this form.
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name IQc�i`C d 5pec MUm W c,
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Sicwalure
1
.2
18
CITY OF NEWPORT 8
PUBLIC WORKS DEPAI
2022-2023 Restroom Rehabi
CONTRACT NO. 8:
DATE: Ip ��3 BY:`
puty Public Works Director/City Engineer
TO: ALL PLANHOLDERS AND BIDDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
REQUEST FOR INFORMATION
All Requests for Information shall be submitted by Wednesday, October 25, 2023, at
3:00 PM.
Q1: Is there any pre -bid meeting scheduled?
Al: No, there is no pre -bid meeting for this project.
Q2: We could not find asbestos test report, could you please clarify that would be change
order after awarding the job or we should consider that in our estimation now?
A2: An asbestos report is not required for this project and should not be
considered in the bid.
Q3: WC-1 and WC-2 call for the installation of Dura-Ware 2105 water closets. These
fixtures require carrier supports; however, the photos in the demo section of the plans do
not show carriers In the existing chase. Is the Installation of new carriers required as a part
of this project?
A3: Yes, contractor to provide all required carriers at all 4 site buildings.
Q4: Note 22 03 on A3.0 for 58th Street and Orange Street call for the replacement of the
existing backflow preventor. Can we be provided with the pipe size of the existing backflow
preventors?
A4: Existing pipe size going into the building per as -built is 2 inches. Contractor to
field verify.
Q5: There are limited pictures of the existing plumbing. Since there is not a job walk, can
the owner provide photos of the chase in each restrooms and the existing fixtures?
A5: Yes, see provided photos for Orange & 58th Street and Port Carney & Pon`
Westboume.
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.
1 pr�i � f sec. -Fria -sn,c
Bidder's Name (Please Print)
11-/_23
Date 4 9_7 �� 17A0
AuffksfW Signature & Title
Attachments:
1. 58th Street Photos
2. Orange Street Photos
3. Port Carney Photos
4. Port Westbourne Photos
i fAY[Onll100_faol,UesUrnmp�2022-2023 resOm rehab c•8905 1_23 02NUd doca:xJdonWm pt+adderxkim m 1_8905 doex
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 2
2022-2023 Restroom Rehabilitation Project
CONTRACT NO. 8905-2
DATE: ,?4z' BY iw1 -�
De uty Public Works Director/City Engineer
f
TO: ALL PLANHOLDERS AND BIDDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
A. Bid Opening Time
The Bid Opening Time is revised to 2:00 PM instead of 10:00 AM. The date shall remain
on the 1 sc day of November, 2023.
B. ARCHITECT'S TECHNICAL SP
a. Revised Specification 08 710(
i. Revised all door hardware
C. PLANS
58th Street Location
a. Revised Drawing Sheet T1.0
i. Revised sheet index
b. Revised Drawing Sheet A2.0
i. Added removal of existing gates and frame
c. Revised Drawing Sheet A3.0
i- Updated door schedule
d. Revised Drawing Sheet A6.0
i. New gates identified
e. Added Drawing Sheet A7.1
i. Added details for the new gates to be installed
Orange Street Location
a. Revised Drawing Sheet T1.0
i. Revised sheet index
b. Revised Drawing Sheet A2.0
i. Added removal of existing gates and frame
c. Revised Drawing Sheet A3.0
i. Updated door schedule
d. Revised Drawing Sheet A6.0
i. New gates identified
e. Added Drawing Sheet A7.1
i. Added details for new gates to be installed
Port Carney Location
a. Revised Drawing Sheet A2.0
i. Added automatic lock to doors
Port Westbourne Location
a. Revised Drawing Sheet A2.0
i. Added automatic lock to doors
Bidders must sign this Addendum No. 2 and attach it to the bid proposal. A bid may
be deemed unresponsive unless this signed Addendum No. 2 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
l8yi t d .5OQ��r�nt -�.c
Bidder's N me (Please Print)
//- /- 2 3
Date
r
Aut d Signature atitle
Attachments:
1. Revised Specification 08 7100 - Door Hardware
2. Revised Drawing Sheets - 58th Street Location
3. Revised Drawing Sheets - Orange Street Location
4. Revised Drawing Sheets - Port Carney Location
5. Revised Drawing Sheets - Port Westbourne Location
City of Newport Beach
2022-2023 RESTROOM REHABILITATION PROJECT
Contract No. 8905-2
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: 1!
Business Address: o N F'o l dcK cliyc
Telephone and Fax Number:
California State Contractor's License No. and Class: /a!�12 IatsA a
(REQUIRED AT TIME OF AWARD)
Original Date Issued: _ o-\ 9 . Expiration Date: 4 3o- 25
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:
�ord%.a �aYa�ah,� /r�� �uohprar�aa Kh�SruY'• (srr�r',n ���
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
Corporation organized under the laws of the State of CA (;IYn;(,
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows: ...,
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;
o)
Briefly summarize the parties' claims and defenses;
/V/
Have you ever had a contract terminated by the owner/agency? If so, explain.
�V
Have you ever failed to complete roje ? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes �lo�
Are any claims or actions unresolved or outstanding? Yes 6?
If yes to any of the above, explain. (Attach additional sheets, if necessary)
-.I
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Farib ck �notinQ'h�
(Print name of Owner or President
=Signature/Tftle
IC3c1i(✓d S�e����fZ. _
Bidder
6. E6
Title
11- 1_ 13
Date
On Xa1Pw1P,l ds�IoA3 before me, AVlZ/-gym e,Q.SO(M Notary Public, personally appeared
f'Ar? 'TC3 A A,4U. ff#-r. , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for said State
AKRAM RASOULI
My Commission Expires: -.2 7 ..' COMM. M 2429735
GRANGE COUNTY
NOTARY PUBLIC-CALIFORNiAZ
-� y MY COMMISSION EXPIRES
._i! 1 A JANUARY05, 2027 l
ITY OF NEWPORT BEA(.
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 l 949 644-3308 FAX
newportbeachca.gov/publicworks
11 /30/2023
iBuild Spectrum, Inc
ATTN: Farshad Farahani
540 N Golden Circle Dr Suite 201
Santa Ana, CA 92705-3914
Email: farshad@ibuildspectrum.com
Subject: 2022-2023 Restroom Rehabilitation Project
Contract No. 8905-2
Notification of Award
To Whom It May Concern:
On 11/28/2023 the City Council of the City of Newport Beach awarded the above
referenced contract to your firm.
Please note: The City of Newport Beach is a self -insured municipality and our
insurance certificate requirements are standard and generally require additional
wording and endorsements. Please provide a copy of the insurance section of the
contract to your insurance provider so they can supply the proper certificates and
endorsements. Modification to these requirements will not be considered.
Please return as a complete package, both signed original contracts and required
insurance certificates, endorsements and bond documents to the City of Newport
Beach, Public Works Department as soon as possible to the attention of:
Omar Khalil, Management Assistant
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
This will allow time for the City of Newport Beach to review and approve the
insurance certificates and endorsements and execute the contract. The Contractor
shall not commence work until a "Notice to Proceed" has been issued by the City.
Failure to enter into the contract within 30 calendar days or to conform to any of
the stipulated requirements shall be just cause for the annulment of the award and
forfeiture of the bidder's security. In the event the bidder to whom an award is
made fails or refuses to execute the contract or submit the required insurance and
bond documents within the said time, the City may declare the bidder's security
forfeited, and may award the work to the next lowest responsible bidder, or may
call for new bids.
Upon approval, one fully executed original will be returned to your office for your
records.
Respectfully,
Tom Sandefur
Project Manager
2022-2023 RESTROOM REHABILITATION PROJECT
CONTRACT NO. 8905-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day
of December, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and (BUILD SPECTRUM INC.,
a California corporation ("Contractor"), whose address is 540 N Golden Circle Drive, Suite
201, Santa Ana, California 92705-3914, 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 cant' 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 necessary
work for the completion of this contract consists of renovating four (4) public
restrooms with modifications to the existing roof, new plumbing fixtures, new LED
lighting fixtures, removing existing pillars and trellis, removing and installing new
tile, and installing new toilet partitions (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. 8905-2, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of One Million Two Hundred Thousand Dollars and 001100
($1,200,000.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Farshad Farahani to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
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
d identified by Contractor in writing as unsettled at the time of its final request for
Build Spectrum Inc. Page 2
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
Governmbnt 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: Farshad Farahani
iBuild Spectrum Inc.
540 N Golden Circle Dr., Suite 201
Santa Ana, CA 92705-3914
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
iBuild Spectrum Inc. Page 3
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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
iBuild Spectrum Inc. Page 4
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
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
cleath of any person as a rosi it of (`nntrantnr'e norfnrmanr+o of tho 1Nork rani aired
iBuild Spectrum Inc. Page 5
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
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.
Build Spectrum Inc. Page 6
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
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.
Build Spectrum Inc. Page 7
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
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.
Build Spectrum Inc. Page 8
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]
Build Spectrum Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNrzYS OFFICE
Date:
By:
Vvy
n Car t2/c�/z3 W�-Attorne
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: l Z/to aY
By: '�'
Will O'Neill
Mayor
CONTRACTOR: iBuild Spectrum Inc., a
California corporation
Date:
Signed in Counterpart
By:
Fariba Momeni
Chief Executive Officer, Chief Financial
Officer, and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
iBuild Spectrum Inc. Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNFEY'S OFFICE
Date: 12- 6 Z
By: 7""
Vvy
n C. ar �Z/� /23 w�Attorne
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONTRACTOR: iBuild Spectrum Inc., a
California corporation
Date: 12167- 23
an a meni
Chief Executive Officer, Chief Financial
Officer, and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
iBuild Spectrum Inc. Page 10
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 00YA )
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
On .&-c '�574 20 9.3 before me, r
ere insert name and title of the officer)
personally appeared PAC2= (b A 11
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(R)'is/ar6subscribed to
the within instrument and acknowledged to me that /she/r."y executed the same in F /her/tXir
authorized capacity(ies), and that by s/her/t�ir signature(sr on the instrument the persory(, or the entity
upon behalf of which the person(s) a6ted, 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
OPTIONAL INFORMATION
AKRAM RASOULI
Z
COMM. # 2429739
T
ORANGE COUNTY
NOTARY PUBLIC-CALIFORNIAZ
`
MY COMMISSION EXPIRES
JANUARY05, 2027
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document I Method of Signer identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
ntle(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
El Trustee(s)
❑ Other:
representing: __
Proved to me on the basis of satisfactory evidence:
Lo form(s) of identification 0 credible Mmess(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additionalsigner(s) ❑ signer(s)Thumbprint(s)
0 Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reselter to purchase copies of this form.
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. VVFB7455853
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to iBuild
Spectrum Inc. hereinafter designated as the "Principal," a contract forThe necessarywork
for the completion of this contract consists of renovating four (4) public restrooms with
modifications to the existing roof, new plumbing fixtures, new LED lighting fixtures,
removing existing pillars and trellis, removing and installing new tile, and installing new
toilet partitions. 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,
Old Republic Surety Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Million Two Hundred Thousand Dollars ($1,200,000.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the Califomia Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
iBuild Spectrum Inc. Page A-1
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 - i _5"�4 day of _0& , 20 3.
Build Spectrum,lnc
Name of Contractor (Principal)
Old Republic Surety Company
Name of Surety
14728 Pipeline Ave Suite E Chino Hills CA 91709
Address of Surety
213-200-0922
Telephone
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
By:
a n C. H
ity Attor ey
Authorized Signature/Title
r
Authorized Agent Signature
Arash T Eshraghi Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
iBuild Spectrum Inc. Page A-2
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of orCOM ( )
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
On UGG /,5-A 9aQ3 before me, G6OW Z�W&1161
(here insert name and title of the officer)
personally appeared 54RsM r?Ay&ffs I-"
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatures
AKRAM RASOULI
COMM, M 2429739 D
Z ORANGE COUNTY D
NOTARY PUBLIC-CALIFORNIAZ
Q MY COMMISSION EXPIRES
JANUARY 05, 2027
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document
Description of Attached Document
Acid-Itional Information
The preceding Certificate of Acknowledgment is attached to a document I Method of signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(5)
❑ Guardian/Conservator
Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Proved to me on the basis of satisfactory evidence:
Lo form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ AdditionalSigner(s) 0 Signer(s)Thumbprint(s)
0 Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
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 2 ame_
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
On Oec beforeme, __.A► I M 12,Soy C,'
(here insert name and title of the officer)
personally appeared 4r?A.54. T' 6-64ah
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
�� AKRAM RASOUII
""'i A COMM. # 2425739 D
ORANGE COUNTY >
I. NOTARY PUBLIC-CALIFORNIAZ
MY COMMISSION EXPIRES
JANUARY 05, 2027
OPTIONAL INFORMATION
(Seal)
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document_
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document 1,Method of Signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Proved to me on the basis of satisfactory evidence:
(-0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page If Entry #
Notary contact:
Other
❑ AdditionalSigner(s) El Signer(s)Thumbprint(s)
Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All flights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
k*tit*
OLD REPUBLIC INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock insurance corporation, does make,
constitute and appoint
Arash T. Eshraght of Irvine, CA
its true and lawful Attomey(s)-tin-Fad, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the
Company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than self-insurance w-,r' r
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the ads of said Attomeys-in-Fad, pursuant to these presents, are ratified and
confirmed. This appointment is made under and by authority of the board of directors at a meeting held on December to, 2019. This Power of Attorney is signed
and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE
COMPANY on December 10, 2019.
RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, In conjunction with the secretary or any
assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Company
may deem appropriate, Powers of Attorney in the form presented to and attached to the minules of this meeting, authorizing such persons to execute and
deliver and affix the seal of the Company to bonds, undertakings, recogruzances, and suretyship obligations of all kinds, other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and not guaranty bonds. The said officers may
revoke arty Pourer of Attorney previously granted to any such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by chairmen, president or any vice president of the Company's surety division and attested and seated (if a seat be required) by any
secretary or assistant secretary; or
(it) when signed by a duly authorized Attonxj4n-Fa#and sealed with the seal of the Company (if a seal be required),
RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any Power of
Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to
be affixed this 22 day of December 2023
OLD REPUBLIC SU E COMPANY
Wo sue.
�i 5ecsta,y s5. ws ice President
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
On this 22 day of December 2023 personalty came before me, Alan Pavlic
and Karen J. Haffner to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE
NY
COMPAwho executed the above instrument, and they each acknowledged the execution of the same, and being by me duty swam, did severally depose
and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said
corporate seal and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority of the board of directors of said
organization.
N A ..:
i
e �►^ .
b64� iNotary m.sa;c
My Commission Expires' September 28, 2026
CERTIFICATE (Expiration of notary's commission doss not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the foregoing and
attached Power of Attorney remains in kA force and has not been revoked: and furthermore, that the Resolutions of the board of directors set forth in the
Power of Attorney, are now in form.
Signed and seated at the City of Brookfield, VN this,
day of
s' i
70 0027 1, ._
Sayshield Insurance Services
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. WFB7455853
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 15,500 , being at the
rate of $ $100M/ li s40� OMfy 5 $ MMI 10 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to iBuild
Spectrum Inc. hereinafter designated as the "Principal," a contract for The necessary work
for the completion of this contract consists of renovating four (4) public restrooms with
modifications to the existing roof, new plumbing fixtures, new LED lighting fixtures,
removing existing pillars and trellis, removing and installing new tile, and installing new
toilet partitions. 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
Old Republic Surety Company , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One
Million Two Hundred Thousand Dollars ($1,200,000.00) lawful money of the United States
of America, said sum being equal to 100% of the estimated amount of the Contract, to be
paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
iBuild Spectrum Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF,
and Surety above named, on the
Build Spectrum,lnc
Name of Contractor (Principal)
Old Republic Surety Company
Name of Surety
this in trument has been duly executed by the Principal
f day of 0ec 20;-L.
Autho zed SignaturelTitle
14728 Pipeline Ave Suite E Chino Hills CA 91709
Address of Surety
213-200-0922
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ' /6 • 21�4
By:
a n C. arp 1/1Zjz'q wc.
Ity Atto n
Authorized Agent Signature
Arash T Eshraghi Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
iBuild Spectrum Inc. Page B-2
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of rake,
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
On Oec 1S7� ao.,2,3 before me, .842YO &AbOua� r
(here insert name and title of the officer)
personally appeared Q S'�A QA-VA N' i
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
AKRAM RASOULI
COMM. If 2425739
WITNESS my hand and official seal. Z ORANGE COUNTY
NOTARY PUBLIC-CALIFORNIAZ
• MY COMMISSION EXPIRES
JANUARY05, 2027
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document I Method of Signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officers)
❑ Guardian/Conservator
[J Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Proved to me on the basis of satisfactory evidence:
Lo form(s) of identification Q credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
0 Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
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 =»(b( )
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGMENT
On Q& X /h 21d 9.3 before me, &K Q�IV 4VJ 06 I-' r
(here insert name and title of the officer)
personally appeared A t7,F},j# T. Ed MW 4 t 1W
M
r
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
AKRAM RASOULI
r-
Z
COMM. # 2429739 D
ORANGE COUNTY D
NOTARY PUBLIC-CALIFORNIAZ
QQq • '
MY COMMISSION EXPIRES
JANUARY 05, 2027
OPTIONAL INFORMATION
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document o
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Proved to me on the basis of satisfactory evidence:
L0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
[� Additional Signer(s) C] Signer(s)Thumbprint(s)
® Copyright 2007-2014 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
* OLD REPUBLIC INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock Insurance corporation, does make,
constitute and appoint:
Arash T. E-Oraght of Irvine, CA
its true and lawful Attomey(s)- n-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the
Company thereto (ff a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than self-insurance worker;
rornpensatioo bonds guaranteeing payment of benefit-c, or black lung hondsi, as follows
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the acts of said Attomeyss-in-Fad, pursuant to these presents, are ratified and
confirmed. This appointment is made under and by authority of the board of directors at a meeting held on December 10, 2019_ This Power of Attorney is signed
and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE
COMPANY on December 10, 2019.
RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, In conjunction with the secretary or any
assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Company
may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons to execute and
deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other tr;an bail bonds. bank
depository bonds mortgage deficiency bonds, mortgage guaranty bonds, guarantees of rnsfallment paper and not guaranty bonds, The said officers may
revoke any Power of Attorney previously granted to any such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by chairmen, president or any vice president of the Company's surety division and attested and sealed (if a seal be required) by any
secretary or assistant secretary, or
(ii) when signed by a duly authorized Attorney -in -Fact and sealed with the real of the Company (if a seal be required).
RESOLVED FURTHER, that the signature of any officer designated above, and the seat of the Company, may be affixed by facsimile to any Power of
Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company. and such signature and seal when so used shall have the same fond and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to
be affixed this 22 day of December 2023
OLD REPUBLIC r
U �jCE COMPANY
� S'Pai' g I
1 A�i�}eryr sacet�, `� Viiia President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 22 day of December 2023 personally came before me, Alan Pavlie
and Karen J. Haffner to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE
COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swam, did severally depose
and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said
corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said
organization.
MK.
wtr01pi* Noraryr rc
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission doss not Invalidate this Instrument)
1, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the foregoing and
attadned Power of Attorney remains in full force and has not been revoked, and furlt►ermore, that the Resolutions of the board of directors set forth in the
Power of Attorney, are now in force.
: Signed and sealed at the City of Brookfield, WI this ,P—C`——day of ,
700027 t
"shield Insurance Services
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2022-2023 RESTROOM REHABILITATION PROJECT
PROJECT NO. 23F02
CONTRACT NO. C-8905-2
PART 1 - GENERAL PROVISIONS
SECTION 0 —EXISTING PROJECT CONDITIONS
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
2-6.1 Work Locations
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
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
2
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
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6
7-1.2 Temporary Utility Services 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
7-8.4.2 Storage in Public Streets 6
7-8.6 Water Pollution Control
7
7-8.6.2 Best Management Practices (BMPs)
7
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
7
7-9.2 Care While Working Inside Buildings
7
7-10 SAFETY
8
7-10.1 Traffic and Access
8
7-10.3 Parking Lot, Detours and Barricades
8
7-10.4 Safety
8
7-10.4.1 Work Site Safety
8
SECTION 9 - MEASUREMENT AND PAYMENT
9
9-2 LUMP SUM WORK
9
9-3 PAYMENT
9
9-3.1 General
9
9-3.2 Partial and Final Payment.
10
PART 2 - CONSTRUCTION MATERIALS
10
SECTION 200 — ROCK MATERIALS
10
200-2 UNTREATED BASE MATERIALS
10
200-2.1 General
10
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
10
201-1 PORTLAND CEMENT CONCRETE
10
201-1.1 Requirements
10
201-1.1.2 Concrete Specified by Class and Alternate Class
11
201-2 REINFORCEMENT FOR CONCRETE
11
201-2.2 Steel Reinforcement
11
201-2.2.1 Reinforcing Steel
11
PART 6 - TEMPORARY TRAFFIC CONTROL
11
SECTION 600 - ACCESS
11
600-3 PEDESTRIAN ACCESS
11
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
2022-2023 RESTROOM REHABILITATION PROJECT
PROJECT NO. 23F02
CONTRACT NO. 8905-2
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) the ARCHITECT'S TECHNICAL SPECIFICATIONS attached hereto; (2) these
Special Provisions; (3) the Plans (Drawing No. B-5304-S); (4) the City's Design Criteria
and Standard Drawings for Public Works Construction, (2021 Edition); (5) Standard
Specifications for Public Works Construction (2015 Edition) including supplements. The
City's Design Criteria 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 0 — EXISTING PROJECT CONDITIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
Page SP 1 of 11
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 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 necessary work for the completion of this contract consists of renovating 4 public
restrooms listed in Section 2-6.1 with modifications to the existing roof, new plumbing
fixtures, new LED lighting fixtures, removing existing pillars and trellis, removing and
installing new tile, and installing new toilet partitions.
2-6.1 Work Locations
The buildings where work is to be performed are:
1. 58th Street Restrooms (58th Street @ Seashore Drive).
2. Orange Street Restrooms (Orange Street @ Seashore Drive).
3. Port Carney Restrooms (Port Carney Place @ Port Bishop Place).
4. Port Westbourne Restrooms (Port Westbourne Place @ Port Barmouth Place).
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
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 and shall constitute the markup for all overhead and
profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
Page SP 2 of 11
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs and shall constitute the markup for all
overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48-hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required for
all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 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
Page SP3of11
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the schedule in the future. Such stoppages of
work shall in no way relieve the Contractor from the overall time of completion requirement,
nor shall it be construed as the basis for payment of extra work because additional
personnel and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
No work shall take place at the 581" Street and Orange Street locations between
Memorial Dav 2024 and Labor Dav 2024.
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.
Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 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 $216 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)
4. Last Monday in May (Memorial Day)
Page SP4of11
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 1111 (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $1,000.00.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
Page SP 5 of 11
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
Add to this Section, "The Contractor may use the onsite water and power at no charge.
However, any abuse of such privileges will cause the contractor to lose its access to the
City's utilities as well as having to provide its own water and power source for all of the
remaining work."
7-5 PERMITS
Replace this section with "The project is deemed 'permit -ready' by the City's Building
Department (Plan Check No. 2023-1876, 2023-0509, 2023-0342, and 2023-1849). The
contractor shall obtain the necessary building permit(s) prior to the pre -construction
meeting and fees will be waived. Project is not complete until all Building Permits
are finaled.
7-7 COOPERATION AND COLLATERAL WORK
Add to this Section, "In the event that the Contractor needs to turn off the water supply
to the building in order to conduct its work, the Contractor shall notify the Engineer at
least two (2) business days in advance of the need for the shutdown so that the
appropriate arrangements can be timely made."
7-8 WORK SITE MAINTENANCE
Add to this Section: "The Contractor shall:
1. Make every effort to conduct the work in a manner that will not interfere with the
ingress/egress of the adjoining Park and walkways.
2. Apply dust controls whenever airborne errant dust is observed.
3. Remove all construction debris from the work site at the end of each work day.
4. Provide restrooms and trash service for the construction personnel.
5. Provide parking lot sweeper service to mechanically and/or manually remove
errant construction debris and dust as directed by the Engineer.
6. Provide reasonable cleaning service as directed by the Engineer to remove dust
and other errant debris that were not controlled during construction."
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
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Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and back -charging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
7-9.2 Care While Working Inside Buildings
Add this Section to read, "While working in the Building, the Contractor shall be solely
and continually responsible for the condition of the walking surfaces that are used by its
workers. The Contractor shall immediately remove and dispose of any and all
errant/fallen debris, liquids, and other contaminants onto the tiles, stones, pavers,
carpeting, etc. flooring and make such surfaces safe for use by all ages with varying
degrees of physical and reaction abilities.
In the event that the Contractor was unable to timely perform such remedial tasks, the
City will deploy its forces to make the area safe and will back charge the Contractor for
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the actual cost of such work plus 50%, all to be deducted from the sums due the
Contractor."
In addition, the Contractor will restore anything damaged with the same in kind
materials.
7-10 SAFETY
7-10.1 Traffic and Access
Add to this Section: "The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specification and the Work Area Traffic
Control Handbook (WATCH), also published by Building News, Inc.
Whenever any portion of the public sidewalk or roadway adjacent to the work location is
impacted by the staging of materials or equipment, the Contractor shall provide traffic
control and access in accordance with Section 7-10 of the Standard Specifications and
the Work Area Traffic Control Handbook (WATCH), also available at Building News
Bookstore.
Pedestrian access shall be maintained to the extent possible. The Contractor shall
furnish and install signage, barricades, construction fencing, delineators, yellow safety
ribbon, and any other measures deemed necessary by the Engineer to safely direct the
public around areas of construction."
7-10.3 Parking Lot, Detours and Barricades
Add to this Section, "The Contractor shall at all times stage, store, and screen its
equipment, tools and supplies in a manner that will not interfere with the public use of
the park or walkways. The Contractor shall furnish and install signage, barricades,
delineators, yellow safety ribbon, and any other measures deemed necessary by the
Engineer to safely direct the public around areas of construction."
7-10.4 Safety
7-10.4.1 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.
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SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Porta Potty Service: Work under this item shall include all costs to provide
the following at each work location from start of work until completion and no additional
compensation shall be made:
a. Provide at least two (2) temporary porta potty units per
building.
b. Service: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs for servicing all
porta potty units as necessary to maintain cleanliness and
hygienics for a minimum of three (3) times a week throughout
the duration of the project.
Item No. 2 Mobilization and Demobilization: Work under this item shall include, but
not be limited to, all labor, tools, equipment and material costs for all actions necessary
to mobilize, demobilize, perform site cleanup, provide any required documents noted in
the Contract Documents, providing bonds, insurance and financing, preparing and
updating construction schedules as requested by the Engineer, and attending
construction progress meetings (assume weekly meetings).
Item No. 3 58th Street Restroom: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs for all actions necessary to perform all
work required by the Contract Documents for the 58th Street Restroom location.
Item No. 4 Orange Street Restroom: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
perform all work required by the Contract Documents for the Orange Street Restroom
location.
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Item No. 5 Port Carney Restroom: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
perform all work required by the Contract Documents for the Port Carney Street
Restroom location.
Item No. 6 Port Westbourne Restroom: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
perform all work required by the Contract Documents for the Port Westbourne Street
Restroom location.
Item No. 7 Provide As -Built Plans: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
provide as -built drawings for all locations in the Contract Documents. These drawings
must be kept up to date and submitted to the Engineer for review prior to request for
payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-
set amount is to emphasize to the Contractor the importance of as -built drawings.
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 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
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201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch
minimum cover unless shown otherwise on the plans.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 -ACCESS
600-3 PEDESTRIAN ACCESS
Pedestrian access to the nearby parks and walkways within the limits of work must be
maintained at all times.
The Contractor shall fully comply with the following Architect's Technical Specifications for
the Construction of the 2022-2023 Restroom Rehabilitation Project which augments, but
is not referenced to in the above sections of the Standard Specifications for Public Works
Construction.
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