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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 KNOW ALL Milt BY TTIFSE PRESENTS: That OLD REPUBLIC SURM COMPANY a Wisconsin stack ltmtarxe loos maFtcruxflsuhrtc sod ARASH T, ESHRAGHt, OF SANTA ANA. CA 4y ,. �. - tx;r-'tin, , _ � �11.�� �Sr,• �3 One and Attattddy{s}in-Tact, WA M powerand aufhOri for aiid on beTtalft f�co as' to ecataamd delivexant! Q seal of thecayY� ta s8ioc the ?sr Npany thetato (if a Seal is required). bonds, undertakings, necogrtizancea or otltei written obtigafians in the nahae thereof, (odw than tml bonds, bank depository bonds, mortgage deficiency bonds% mortgage gua—ty bonds. guarantees of-ksfallment paper and norm gu;sm rgY bonds self-- workers cOon bonds guaranteeing payment of benefits or blaa �fdng YO°�},� as ioUa wa y s «4 ?� ALL WRrrj7ENTNS,T RMGl/.fS and to band OLD REPUBLIC SURETYCOMPANY tar and 91 of * acts of said Attom s io F �Y ey act, Pursuant to these presents, arc r�d�aad.corfied: This agpoinuurnt is madcunder and by authority o€thc bcardof duocforiatta Special mcetimghcltf'on Febmary l $, 19%Z 7lri9 Power onkpagwyiffsigned and- sealed"F by fAC. smile rmdrr and by the allaWnty orthe following resotudons adopted by the'board of directors of tic-OLDREPUBLIC SURE --COMPANY on 10 Febl u , 19, 1982_ RESOLVEt7 tiiaf the President, any. vice prtstdeat,.QY assistant vice gresideM in coDn* Wri With die secretary orany.assitAant sea sz Y >t. _ atttrmeys rn {act oragenLs with authority as'de6nsr) cfgFlimited in the instruwCIIt evideaemg the appomgtnent in eactr txst, for and on 6Akw T:zr: y to execute and i cover and affix the seal of the coaip>m to bands uudcrtrskings, ttxogtzizauces and art> e#yship ooligatious of all kinds; a6d Said offx w may remewe any such'anoimey-in-fact or agent and revoke any Power of Attom y previously giainw to such peison- «- RESQLYEI7FJRTiiER chat auy:bosscl: 8 resognizancG orSrgetYS ' obltgat5osshaR be validaed vpriu theLampday =wnen agned by the g zsrdeaC any vteC presstdeai orassistant vie a pm:sidcnt; and amsmd and'sealed (ifa s ) by any swrrtayy or zssrstanf r r `v(ti)mirrm;signed 3r dear; azry viccp�deutorassistarat vicepr u, secsetwy arassistant andcoant � ' . secretary, eisi ned andseakd (if a srai be nxre3}isya:dnly ataixrrucd attamey ifitCf oTegrnt; or Ott} ltexi duly cx ccutead and scaled (rt a seal be rCgm*w by one of mare awm ys.4n factor ageatts pursuant to and within the limits oflheambortty spy eiidcnce3by.thcPowcofAStantcyissued bytYscotigatnywsuaftpetsoaorpeisans. .,RESOLVE72F�CJftT - ; x H:=. ` ,� tiili, that the sigtratnic of any atultotued o 11>csea! of r5tcottagany may, be affixexi by fhcsirwlr to arty Powex of Arttuaey or= ,, = sew hfi on there ofaatitorizing theratecution and delivery of atty.bondr undatal�gi cognrzaauzxce i of siueayship'ob6gations of the compact andA <�_ -- :'usnch sigma=aad-seal-whenso-used-shalthavethe Barrie force �d effect as though mzorually affixed.. _" ; :. _ _- _ .- ,: ;�-. '-' fN Wll3dESS W EiEKEC}E ,OLD RIYUBLIG SiJRET3C COME „�r�` tree ca,:y zi these presents to be signc�by its pKiipe� otiicer, aod�s coipwa2e seal to be y 6 x �£f_-zzedt�s &Tll day of T021: - ` OLD REPUBLIC -SURETY GIOW-MI Y Asststant Secretary 5 iA -E OF WlSGONSTN, CO � 9VA SS President fowim 2021 s ff yea . op this �aY of ___�q, pbrsoiraIly cama;before me, "Alan l'ay)IC l ) fiat ur officstome knigtof the OLDIREPUBLIC SURETY CO 'who esecuedthe above_. :451i and they t�th aolcaowlalgext the exei uuorr o€ . Oeing b]tpe,duty sworn, did segcia[ly depose and say; that they aretbe said ot&cas of the 1 ; + cos�oxa as aforesaid, and that the seal affixed to the above zMMmpM- is thtseatpithe corporation, and that said corporate seat attdtltetrsigaaattues as such a c . iW#t�tsTCt�� `andselt-ILbesaid wstramentbyt ofth-briardofdirectmsofsaideo,7Kratton_ f Yt My.00maaission etipires: 9/2$2022 I,{ (Expiration of glotoTy commlasian dons notimaildatn tttla §adruaierrtl I, fhe tmdersigoefd, aaststaat secretary of the Orb RIiF'UBTC $ ANY a Wisconsin 4arpotFttion ILTf (EFY that the foregoing and attachal Powtx of,440rftey tetMains in ftttT force and has not been rev and. f [rite Rr^uiTytioos-of*board of direr tots set forth is the Powebof AWxwy, ate nova• m' force. day of jo� l r��RL9rtt ZOQBL ALM 1e' .mot 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 Page SP 6 of 11 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 Page SP 7 of 11 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. Page SP8of11 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. Page SP 9 of 11 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 Page SP 10 of 11 201-1.1.2 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. Page SP 11 of 11