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Home My WebLink AboutC-7444-3 - Newport Beach Library Lecture HallCITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 2:00 PM on the 5t" day of October, 2023, at which time such bids shall be opened and read for NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 $18,500,000 Engineer's Estimate Approved by James M. Houlihan iuty PWD/City Engineer ONLY PRE -QUALIFIED GENERAL CONTRACTORS MAY BID ON THIS CONTRACT Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "B" For further information, call Peter Tauscher, Proiect Manager at (949) 644-3316 All expenditures made with federal award money, including subcontracts, shall comply with the Uniform Guidance, Title 2 in the Code of Federal Regulations, Subtitle A, Chapter ll, part 200 (2 CFR 200). Non- federal entities are required to follow 2 CFR 200.317, General Procurement Standards, through 2 CFR 200. 327, Contract Provisions, when expending funds under a federal award. City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 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. 3 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 (416) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 4 A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. Contractor's License No. & Classification Authorized Signature/Title DIR Registration Number & Expiration Date Bidder 5 Date City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 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 Datc (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. 3 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) 7034774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied_ El A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been re ' ed. 881824 - Class A & B Contractor's License No. & Classification Aut46rized Sig tz itAlb rt M. Giacom- ident 1000000413 Expires 06/30/2024 DIR Registration Number & Expiration Date AMG & Associates Inc. Bidder 5 10/6/2023 Date City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. AMG & Associates, Inc. Bidder E Aut rized Sign Albert M. Giacoma -President DESIGNATION OF SUBCONTRACTORS Prime Contractor: AMG & Associates, Inc. Authorization/Title: Albert M. Giacomazzi - President Business Name Business Address City, State, Zip Description and/or Portion of Work Contractor License Information DIR Registration Number Number Class MIRANDA LOGISTICS 202 S FIGUEROA ST #437 LOS ANGELES, CA 9 007 Demo/ Earthwork 1021984 A, C-12 1000636371 PI 41205 GOLDEN GATE CIRCLE MURRIETA, CA 925 2 FIRE SPRINKLER 77 A, B, C-36 C-34 1000000801 UTILITIES R Y ART 8251 LA PALMA AVE 45 BUENA PARK, CA 9 620 Planting 754349 1000009094 UPLAND037 S SULTANA AVENUE ONTARIO CA 917E 1 Rebar 481317 1000002198 BARCELO 2777 LYONS AVENUE EWHALL, CA 91321 oncrete 964808 1000004351 NEW DIMENSION 1018 CUDAHY PL STE A SAN DIEGO, CA 921 kYasonry 630974 C-29 1000001513 14796 JURUPA AVE #A FONTANA, CA 92337 Structural Steel/ Steel Deck 1000001732 HESHCO 5260 ELMHURST ST VENTURA, CA 9300 B 1000013573 ABDELLATIF 26072 MERIT CIRCLE TE 103 LAGUNA HILLS, CA 9265 Rough Carpentry 662128 B, C-5 1000001544 BEST 19027 S HAMILTON AVEc-39 ARDENA CA 9024qRoofing 456263 1 B C-43 1000000563 By submitting this, The Bidder, certifies that the bids from the listed subcontractors have been used in formulating the bid for this project and the list subcontractors shall be used subject to approval of the Engineer and in accordance with State law. No changes shall be made except with prior approval of the City of Newport Beach. State law requires the listing of all subcontractors who will performing work greater than one-half of one percent of the Contractors total bid. Substitutions of Subcontractors shall only be made in accordance with State law and/or the Standard Specifications for Public Works Construction. DUPLICATE AS NEEDED FOR ADDITIONAL SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS PG 1 of 3 Contract 7444_19F11 Central Library Lecture Hall - Rebid DESIGNATION OF SUBCONTRACTORS Prime Contractor: AMG & Associates, Inc. Albert M. Giacomazzi - Authorization/Title: President Business Name Business Address City, State, Zip Description and/or Portion of Work Contractor License Information DIR Registration Number Number Class WEISS 1715 WEST 135TH STRE T GARDENA CA 9024 ee MEW— etal Panels 139335 C-43 10 0000486 CONSTRUCTION HARDWARE 216 PACIFIC STREET 1OMONA, CA 91786 Doors & Frames 515824 C-28 1000000757 SLATER GLA 145 EAST SAINT JOSEPH T AR ADIA A 1 lazing 2 -17 1000 004146 BEST INTERIORS 2100 E VIA BURTON laster/ DRYWALL 504013 C-9, C-35 D & M PAINTING ORANGE,CA92863 PAINTING 1000011265 PREFERRED CEILINGS 475 CAPRICORN ST BREA, CA 92821 Acoustic Ceilincis 705630 C-2 CONTINENTAL 2460 ANSELMO DRIVE CORONA, CA 9287 Tilinq 394 C-54 1000002594 SIGNGROUP 9812 INDEPENDENCE A E CHATSWORTH, CA S Signage 1311 DUCHARME/ AINSLIE 2247 VIA OESTE DR FALLBROOK, CA 920f 8FIXED AUDIENCE SEATING 454820 B 1000001103 By submitting this, The Bidder, certifies that the bids from the listed subcontractors have been used in formulating the bid for this project and the list subcontractors shall be used subject to approval of the Engineer and in accordance with State law. No changes shall be made except with prior approval of the City of Newport Beach. State law requires the listing of all subcontractors who will performing work greater than one-half of one percent of the Contractors total bid. Substitutions of Subcontractors shall only be made in accordance with State law and/or the Standard Specifications for Public Works Construction. DUPLICATE AS NEEDED FOR ADDITIONAL SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS PG 2 of 3 Contract 7444_19F11 Central Library Lecture Hall - Rebid DESIGNATION OF SUBCONTRACTORS Prime Contractor: AIVIG & Associates, Inc. Albert M. Giacomazzi - Authorization/Title: President Business Name Business Address City, State, Zip Description and/or Portion of Work Contractor License Information DIR Registration Number Number Class WEST -TECH 5589 BROOKS ST MONTCLAIR, CA 91 63 HVAC 597398 C-20 1000002683 ILBERT & STEARNS 0304 ESPERAZA RANCHO SANTA VIARGARITA, CA ELECTRICAL/ THEATRICAL LTG 165081 C-10 1000001367 2688 CANYON COUNTR , 1000010490 By submitting this, The Bidder, certifies that the bids from the listed subcontractors have been used in formulating the bid for this project and the list subcontractors shall be used subject to approval of the Engineer and in accordance with State law. No changes shall be made except with prior approval of the City of Newport Beach. State law requires the listing of all subcontractors who will performing work greater than one-half of one percent of the Contractors total bid. Substitutions of Subcontractors shall only be made in accordance with State law and/or the Standard Specifications for Public Works Construction. DUPLICATE AS NEEDED FOR ADDITIONAL SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS PG 3 of 3 Contract 7444_191`11 Central Library Lecture Hall - Rebid City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name AMG & Associates Inc. 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 four years in excess of $5,000,000, provide the following information: No. 1 Project Name/Number Chino Instructional Building Project Description New 35,000 two-story classroom building with facultv spaces Approximate Construction Dates: From April 2022 To: June 2024 Agency Name Chaffey College Contact Person Kim Erickson Telephone P09) 652-6000 23,585,000 Original Contract Amount $ Final Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) Contract has not been completed yet. Project is 21% Complete Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Claims have been filed on this proiect. 10 No. 2 Project Name/Number Pinetree Community School New Classroom Building Project Description New 16,17S SF one-story classroom building with site work Approximate Construction Dates: From January 2021 To: August 2022 Agency Name Sulphur Springs Union School District Contact Person Cathy Kawaguchi Telephone P61) 252-5131 7,387,000 Original Contract Amount $ Final Contract Amount $ 7,832,922 If final amount is different from original, please explain (change orders, extra work, etc.) District Change Orders 6% Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Claims were filed on this project No. 3 Project Name/Number _Fine Arts Complex at Allan Hancock College Project Description New 88,796 SF, two-story building for instruction with a full 440-seat theater Approximate Construction Dates: From September 2020 To: March 2023 Agency Name Allan Hancock Joint Community College District Contact Person Eric Smith Telephone P05) 922-6966 44,353,425 Original Contract Amount $ Final Contract Amount $ 45,970,353 If final amount is different from original, please explain (change orders, extra work, etc.) Less than 4% change orders on this proiect Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Claims have been filed 11 No. 4 Project Name/Number Vernola Park Community Center & Skyview Event Center Project Description New 21,729 SF community Center with MPR, catering kitchen, and parking lot Approximate Construction Dates: From November 2019 Agency Name lurupa Area Recreation & Park District To: November 2020 Contact Person Colby Diuguid Telephone (95� 361-2090 11,488,702 Original Contract Amount $ Final Contract Amount $12,134,080 If final amount is different from original, please explain (change orders, extra work, etc.) less than 6% change orders initiated by owner on this project. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Claims were filed on this project No. 5 Project Name/Number Wiliam "Bill" Libbon Elementary School Project Description New ground -up 88,000 sf elementary school with MPR, kitchen library, admin bldg fields, parking lots, and playgrounds Approximate Construction Dates: From March 2019 To: August 2020 Agency Name Santa Maria -Bonita School District Contact Person Matt Beecher Telephone (805) 361-8130 40,720,000 Original Contract Amount $_ Final Contract Amount $ 43,012,283 If final amount is different from original, please explain (change orders, extra work, etc.) less than 6% change orders initiated by owner on this project. owner added new playground area with equipment Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No claims on this project. 12 No. 6 Project Name/Number La Habra High School New Theater & Stadium Modernization Project Description New 29,321 SF 600-seat theater and modernization of the 56,700 sf stadium Approximate Construction Dates: From January 2018 To: October 2019 Agency Name Fullerton Joint Union High School District Contact Person Troy Shandy Telephone (711 626-4381 26,394,000 Original Contract Amount $ Final Contract Amount $ 26,343,272 If final amount is different from original, please explain (change orders, extra work, etc.) AMG was able to perform value engineering which saved 7% of the original budget. With the extra money the district was able to purchase extra theater lighting and was installed here We still came in under budget. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Claims on this project 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. AMG & Associates Inc. Bidder 13 Auth rized S' at itle Albert M. Giacomazzi - President City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles ) Albert M. Giacomazzi being first duly sworn, deposes and says that he or she is President of AMG & Associates Inc , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State lifornia that the forgooing is true and correct. AMG & Associates, Inc. Bidder Auth ized Si a i Albert M. Giacomazzi - President 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. See Attached CA Jurat See Notary Sheet [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 :",:.w�.:<X'Atx�.-_ * See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles DAVID SILVA 4otary Public - Cal fornia 3 ' Los Angeles County } Commission 0 2390953 * • , • My Comm. Expires Jan 16, 2026 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 6th day of October , 20 23 by Date Month Year (1) (and Albert M. Giacomazzi Name$) of Signer(g) proved to me on the basis of satisfactory evidence to be the pbefore me. Signature erson% who appeared Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: None Number of Pages: 1 Signer(s) Other Than Named Above: None 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 DESIGNATION OF SURETIES Bidder's name AMG & Associates. Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Bonding Company: Travelers Casualty & Surety Company of America Contact: Jeni Ehlers 21688 Gateway Center Drive Diamond Bar, CA 91765 Phone: (909) 612-3674 Bonding A ent:_ Don Chambers I Chambers & Company__ 751 Daily Dr., Suite 2.30 Camarillo,_CA 93010 _ Office: (805} 764-0613 —� 15 City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name AMG & Associates Inc. 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 20 21 16 16 16 12 101 Total dollar Amount of Contracts (in $326.7M $257.5M $190.31M $220AM $215.1 M $163.6M $1.37B Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder AMG & Associates, Inc. Business Address: 26535 Summit Circle Santa Clarita, CA 91350 Business Tel. No.: (661)251-7401 State Contractor's License No. and Classification: 881824 - Class A & B Title Corporation 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 Anthony R. Traverso - Vice President/ Secretarv/ Treasurer 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 ATTACHED] See Attached CA Acknowledgment 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 x, X,.SX+f2C'.t:<`.c.'<A;<,cY:P.Y^.t:C.�:�'�c!:<:�c A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California ) County of Los1An_cieles ) On Oct. 06. 2023 before me, David Silva. Public Notary , Date Here Insert Name and Title of the Officer personally appeared Albert M. Giacomazzi and Anthony R. Traverso Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that lxa tbtWthey executed the same in b &AW/their authorized capacity(ies), and that by N~their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID SILVA Notary Public • California a Los Angeles County Commission # 2390953 My Comm. Expires Jan 16, 2026 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 at�d of" ial seal. 9 Si nature 6 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Safety Record Document Date: Oct. 02, 2023 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Albert M. Giacomazzi ® Corporate Officer — Title(O: President F1 Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee n Guardian or Conservator Other: Signer Is Representing: AMG & Associates Inc Signer's Name: Anthony R. Traverso ® Corporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Lj Other: Signer Is Representing: AMG & Associates Inc .^CX;Y:�C:L:C:�E"+G'i�%C)C ,f: _XX,, X,iC:t 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name AMG & Associates, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. - Received iil��' W CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT p IV, ADDENDUM NO. 1 NEWPORT BEACH LIBRARY LECTURE HALL CONTRACT NO. 7444-2 DATE: �i�L'7 2-z' l-3 BY::1 _ _---- De uty 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. NOTICE INVITING BIDS Bid opening date: Change bid opening to October 12, 2023, at 2:00 P.M. REQUEST FOR INFORMATION All Requests for Information shall be submitted by Monday, October 2, 2023, at 1:00 PM. Q1: Can you please provide specifications on the project acceptance period (days), payment conditions, and retention period? Al: The contract can only be accepted as complete by the City Council. Generally, projects are placed on the Council calendar as soon as occupancy has been granted by the Building Division. Payments will made monthly and depended on Contractor submitting billing in a timely manner. Q2: Can you please clarify if the project duration of 465 consecutive working days should be based on calculating 7-day weeks or 5-day weeks? A2: Please use the definition in Greenbook. In general, this corresponds to a 5- day work week. granted by the Building Division. Payments will made monthly and depended on Contractor submitting billing in a timely manner. 03: Do the sub -contractors for this project need to be pre -qualified with the city of Newport Beach? We do Have a DiR number. A3: No. Q4: Article 3-D in Exhibit C to the Sample Contract states that the City may require earthquake and/or flood to be included in the Builder's Risk insurance. Please clarify if either are required prior to bid or a change order will be issued after award if this additional protection is required. A4: Both Earthquake and Flood insurance will be required under the Builder's Risk coverage. Q5: Article 5C in Exhibit C to the Sample Contract states that all subcontractors must ensure subcontractors meet the insurance requirements stated here -in. The policy limits required of the Contractor should not be the same for subcontractors. We respectfully request that lower limits be required for subcontractors and clarify which specific policies are required of subcontractors. A5: As long as the Contractor is able to comply with all insurance requirements as outlined in the Agreement with the City, the City will not be reviewing Contractor's Agreements with their Subcontractors and that will be dealt with between those two parties. Q6: Please clarify if Exhibit D — American Rescue Plan Act ARPA attached to the Sample Contract is relevant to this project. A6: Yes, this is relevant and required. Q7: Please confirm builder's risk coverage is required for this project. A7: Yes, required. Q8: There are three line items on the eBid. Please confirm that (1) theses are the only three lump sum items required to be submitted, and (2) there is no separate breakdown sheet that will be required to be provided or uploaded at the time of placing the eBid. A8: Correct and one of the items is Fixed. Nothing is required as part of the bid but 'Schedule of Values' is required per bidding documents Q9: Are we able to still prequalify for this project? ,,Z WY UbP. YhtV<!d ;pnV3ClS N23,24 _Jfr:3nf`10v_fpriLfp;9'.Ceni �Ulafy FOCI Jf:? h34 r,-7444_11ifl I t addco.fu n w 1 744s ^nod 41,Cx A9: See response to Question #1 on September 11, 2023. Q10: Please confirm the Subcontractor required limits of liability coverage for Pollution Liability Insurance. A10: As long as the Contractor is able to comply with all insurance requirements as outlined in the Agreement with the City, the City will not be reviewing Contractor's Agreements with their Subcontractors and that will be dealt with between those two parties. Q11: Please provide the missing keynote at the weir wall on details 1 & 2/A4.3. Reference S2 and 12/S4.1 for this location. A11: The architectural wall sections 1 and 2 on Sht. A4.3 are not intended to show the full detail for the foundation wall. See Sht S2; Detail 12/S4.1 is at the weir wall, where it is away from the building. Where it comes against the building, the plan view, sheet S2 cuts an elevation view 13/S4.1. In detail 13, detail 15/S4.1 is cut. The weir wall is shown on detail 15. The intent is the footing is built first. The subsequent walls, the main building wall and the weir are doweled into the footing. The way it is detailed, the building stem would be a second pour and the weir could be built last. Q12: Composite Metal Panel System Specification 07430, Section 1,03A indicates pre -bid submittals for any substitutions and 1.03A.3.b indicates a bid submittal is required. Please confirm the bid submittal is not required to be submitted at bid time to alleviate an excessive amount of bid documents.. Al2: All substitution requests must be submitted during bidding as per Specification Section 01600, Section 1.03, regardless of product. If a substituted product is not being proposed, no submittal is required. Q13: Special Provisions Section 7-8.5.2 — Sewage Bypass and Pumping Plan and 306- 2.7.3 — Temporary Bypasses for water service indicates a bypass for all water and sewage flows during construction as described and shown on the plans. Demo sheet D-1.01 and water & sewer plans C-2.01 and WS-1.01 do not indicate the requirement for either a water or sewer bypass. Please provide further clarification if this scope is required. A13: The sewer and water bypass plan is to be provided by the awarded contractor for approval by the city. A note on sheet D-1.01 states "THE CONTRACTOR SHALL PROVIDE THE CiTY WITH A PLAN FOR CONTINUED WATER, SEWER, AND STORM DRAIN SERVICE". Q14: Please provide further clarification for Q&A 2.4 response regarding the Signage Bid Form Q-1. The response indicates the form is NOT required with the bid, but the information on it (unit pricing, fabrication & installation subtotals) IS required. This is the same information included on Form Q-1. Please clarify. A14: Initial question was misunderstood. We have specified the three approved sign vendors. Each of these vendors was previously notified of this project. The bid should include a Summary Sheet from your selected vendor with the information requested in Form Q-1. d5=f;uIlk" Yn9f4WCCINMM N21.24::J.'r.nli.lOCi_fd:!�q�r,S'Cwd11b,:Try-ekhxlt11si1�-7444_1yft1':,,:1TICS '11%, It Ad, Al 1111,11,.,NoA-Ip 1_7444_mo4.J1,,.x 015: Please see attached Wheelchair Substitution request. A15: See attached Substitution Request #1-Approved. Q16: Please confirm all previous addendum and RFI questions from the first time this project bid have been incorporated into this current bid set. A16, Yes - Confirmed. Q17: Summary of work page 4 states the Contractor is responsible for testing fees beyond 50 miles from the project site. Please clarify this requirement as it pertains to the steel moment frame fabrication. A17: For example, if you choose to fabricate/welding that requires special inspections outside 50 miles. The contractor may be responsible for these costs. Q18: Please confirm the contractor is responsible to develop the drawings for the fire sprinkler and fire alarm systems and none will be provided via addendum. A18: Confirmed -this is a deferred submittal. Q19: The CM plan does not identify a location for the temporary mock ups as specified on page 3 of section 01458. Please identify the location or permit the mock up to be incorporated into the permanent work. A19: The City has not identified an area, it should be a location that will not need to moved and construction progresses. Q20: Spec Section 16413 — 2.13 Displays — B LED Wall states that the contractor shall provide 5 year, same -day warranty service option. Please confirm requirement for same - day. A20: Please update requirement to next day service, including weekends, instead of same day. Warranty period to remain 5 years. Q21: Certain areas on the Finish Floor Plan A5.1 indicate a mix of 3 carpet color selections in Lecture Hall 120, Entry Lobby 104, Stair #1 & Ramp. is there an intended percentage breakdown or a layout diagram for the carpet in those areas? Or, for bidding purposes, should an even split between the three colors be used for pricing? Please clarify. A21: Please see attached Finish Plan 3 dated 02113123 from Interface Carpets Q22: Reference section 12 61 00 paragraph 1.10D2: specifies flared armrests. Please clarify the maximum and minimum width dimensions. A22: The specified manufacturer has a standard flared armrest.. Q23: A Carpet finish plan was provided in Addendum 1 of the original bid but it is not included in the current bid docs. Please clarify. A23: Please see attached Finish Plan 3 dated 02/13/23 from Interface Carpets. ",dnrrs nov, ;haf?tl'"mu uds,fy2l-2.I olrrgnl'.IOGafF�Ci64eS'�inl ob.wy .,30 ;d444_11011'0.d (Y)CS mf)�. ddm 1+aJj,:no�,:n :ro I .7444 ,pb.J.Joc' Q24: A Wet Utility exhibit was provided in Addendum 1 of original bid but it is not found in the current bid dots. Please clarify. A24: Please see attached Wet Utility Exhibit dated 1211512022, Q25: Please confirm that the gypsum wall board finish shall be Level 5 smooth per specification section 9250. A25: Gypsum wallboard finishes are listed in Specification Section 0950-page 4; Subsections B,C,D, E and F. Q26: Several other sections require pre -bid submittals and submittals including but not limited to section 16413. Please confirm that these submittals may be provided after award and not with the bid. A26: With regard Section 16413 please see the answer to Question 5. Please clarify what other Pre -Bid Submittals you are referencing. Q27: Since the bidders are prequalified, may we state "see attached" in response to request for project information in the Technical Ability and Experience References? A27: The City does not take any exception to this. At a minimum please include all the information requested on the City form. Q28: 16413 - AV0.00 - Sheet AV0.00 has an "AV Division of Responsibility" schedule that references spec sections 274136 and 274130 however those sections are not reflected in the Technical Specifications for this project. The Technical Specifications lists section 16413 for AV Systems. Please provide an updated "AV Division of Responsibility" that actually matches the provided specs sections. A28: The table was not updated to reflect that this project is using the older CSI format. 274130 and 274136 should be read as 16413. 270529 = 16529. DiV 26 = DiV 16. DIV 28 should be 16722. Q29: 16413 - Speaker mounting details - Please provide mounting details for the AV ceiling speakers. A29: Mount per manufacturer's recommendations and provided hardware. If question is about AV alternate speakers, see response to next item. Q30: 16413 - Speaker mounting details - Please provide mounting details for the AV alternate speakers. A30: Mounting details will be provided if alternate is accepted by Owner. Q31: 16413 - flat panel mounting details - Please provide mounting details for the single flat panel displays. A31: See details 5-7 on AV5.01. Q32: 16413 - LED wall mounting details - Please provide mounting details for the LED wall display. u :e;r,.ot vrsna ^:d eontru•ts ty 3-24 cu,rsrnt?100 fa:i t eb cent r! awry nG.mt I iv : ?444 lyll t 0.W do-s reb A,o�9-I i I �,h: ilwrt ir, 1 ?444_•ei:.n c.< A32: LED wall is mounted using custom mount from RP Visual. Detailing is part of the RP Visual shop drawings. Q33: 16413 - Alternate bid #1 - The alternate bid #1 is calling out for devices to be installed in the ceiling above the seating areas. Since the floor here is stepped/sloped a normal man lift will not work and scaffolding would be needed. Please clarify if the 16413 AV contractor will be responsible for providing this scaffolding OR will this be provided by the GC? A33: General Contractor to coordinate work to happen in conjunction with ceiling cloud installation so that AV Contractor can use scaffold or other system that is installed for ceiling construction. Q34: Please provide specifications for Glass Entry as detail on sheet A4.4 A34: There is not a specification section for this building element. Build as per the detail. Q35: Please see attached substitution request for spec section 03352 - Polished Stained Concrete Floors. A35: See attached Substitution Request #3- Approved. Q36: Please confirm that the warranty shall be 1-year from completion. A36: There is a one-year performance bond included as part of the project, per bidding documents. Manufacture and other warranties shall be per bidding documents. ROBERT R. COFFEE ARCHITECT + ASSOCIATES ADDENDUM NO. 1 PLAN REVISIONS The following plan sheets have been revised to address RFI Responses or to make further coordination and clarification to the work. All revisions made have been clouded and noted as Delta Al and dated September 20, 2023. All new sheets are to replace the original sheet of corresponding number. ARCHITECTURAL DRAWINGS 1. A4.2 Wall Sections a. Revised Wall Section 3 (at restroom corridor) to eliminate sunshades. 2. ASA Window Schedule and Types a. Revised notes for shade locations/heights on elevation of Window Type K. 3. A5.5 Window Types a. Omitted this sheet since the information is on Sheet A5.4. 4. E0.4 Panel Schedules a. Revised panel "P2". 5. E3.1 Building Power and Signal Plan usdrs oI C&a pa wy,nnw'��si1 y7444_ ty111 oMtm 1 adlvllo.an •,. ! 74g4 ,ebdAf'cx a. Extended arrow for note #13 to show sunshades on all of the curtain wall windows in the Entry Lobby. See attached information regarding this addendum and revisions to the bidding documents. • Carpet Finish Plan • Wet Utility Plan • Substitution Request 1 • Substitution Request 2 • Substitution Request 3 REQUEST FOR INFORMATION AND CLARIFICATION At the time the bids are opened, the itemized AudioNisual submittal and information will not be required. However, within 48-hours of the bid opening the three lowest bidders shall submit to the City the following items: • Itemized equipment list (just model numbers and quantities) o Pricing is not required, o No substitutions are permitted. • Company qualifications and information as specified in the bidding documents. Furthermore, The City is requesting the three low bidders to fill in the attached Bid Breakdown form. Both items will be due not later than Monday, October 16, 2023, at 2:00 PM. Bidders must Sion 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. AMG & Associates, Inc. Bidder's Name (Please Print) 9/27/2023 (Date Auth rized S' Title Albert M. Giacomaz ' resident ::o.rIS OUw rh,ta3d vwlr',Ct5 1y21-24 tdr :nf.I QG hr'dry :^:clu't h3a ,-7444 1 y11 I rc:J auti re;rd ,ldi In 1 •adden:lo .1 io I 7,W d f8r1:1 d(+�s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 NEWPORT BEACH LIBRARY LECTURE HALL CONTRACT NO. 7444-2 DATE: 0 �+�� BY:—11KP-P 4 e uty 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. DEDUCTIVE ALTERNATE Deductive Bid Item No. 1 - Removal of Pollution Liability Insurance - The City is requesting a deductive alternate removing Pollution Liability Insurance coverage from the contract. The City reserves the right to reduce Item No. 1 Library Lecture Hall Building anytime prior to the award of contract. POST BID SUBMITTAL — Revised Newport Beach Library Lecture Hall Bid Breakdown Replace Newport Beach Library Lecture Hall Bid Breakdown with Revised Newport Beach Library Lecture Hall Bid Breakdown. This is due for the three lowest bidders within 48 hours of bid opening. The revised bid breakdown added a line to Division 1 to request pricing for Builder's Risk Insurance. SPECIFICATION REVISIONS The following Specification sections have been modified as noted: Replaced Section 08800 — Glass and Glazing dated 12/20/22 with the revised Section 08800 dated 02/14/23. a. Added subsection 2.01 E — Spandrel Glass. PLAN REVISIONS The following plan sheets have been revised to address RFI Responses or to make further coordination and clarification to the work. All revisions made have been clouded and noted as Delta A2 and dated October 05, 2023. All new sheets are to replace the original sheet of corresponding number. ARCHITECTURAL DRAWINGS 1. A4.3 Wall Sections a. Revised Wall Section 2 by added keynote 28 to blank keynote box. 2. A4.8 Wall Sections a. Revised keynote on details 1, 2 and 3. 3. A4.9 Wall Sections a. Revised keynote on detail 1. 4. A5.4 Window Schedule and Types a. Revised hatch of Window Type G. 5. A8.2 Wall Type Details a. Revised detail #1. 6. AV4.01 AV RCP - Auditorium a. Added note to AV — RCP. 7. AV5.20 AV Panel Details a. Revised details #2. b. Added Details 13 through 19. 8. AV6.01 AV Junction Box Schedules a. Revised AV- Box Schedule. REQUEST FOR INFORMATION Q1: Drawings show SFP modules for fiber connection to existing library. The E1.1 shows fiber being provided by the EC from the Library Basement to Electrical Room 116. a. Is this single mode or multimode fiber? b. How is the fiber getting to Server Room 114 c. Are we installing SFPs in existing switches? Al: Provide 6 strand single mode fiber. Enter building with conduit at Electrical Room. Extend fiber from Electrical Room to Server Room. Coordinate installing SFPs with City IT Division.. Q2: Is a second layer of unfaced sound attenuation fiberglass bat insulation required at chase walls? Wall type details on A8.1- A8.2 indicate a single layer at all interior chase walls, but the wall sections indicate two. A2: Wall at rear of Platform 119 to have sound batt insulation in each stud cavity, Detail #11A8.1 has been revised to reflect response, r nisei gtEmnishwe:Pwualrar:6s'-.fy'.23.:4r:urr•;n47�,i0.1:x.�titius�i:noWbal'y!rsrlwok ilc.7gwd_19111%I)KI gocsu2Gmingdm Ili a,1d1;,r;dum uu 2 7444 wN,1 dou Q3: Are horizontal z channels needing to be added to contain the 1" polyiso insulated sheathing? If so, please depict and indicate spacing. A3: Z-channels are not required to install R-MAX 1 " insulation bd. over metal studs on concrete walls. Follow manufacturers installation guide listed on their website. Q4: On Wall Type sheet A8.2, please confirm intent at Interior tile walls, Wall Types 19 — 24, that shows tile over thin set, but graphically shows a thick unidentified substrate over cement board. Ref: Interior details 1-8 on A6.6. A4: Our intent is for the the to be thinset on 518" thick cement board. The "thinset" layer is illustrated wider for clarity. Q5: Confirm that 5/8" DensGiass, over 1" rigid insulation, is an acceptable substrate for exterior thin set tile, Ref. 16/A9.1. See Sheet A8.1 — Wall Types 1 & 4A, which shows thin set over metal lath. Is a lath & plaster setting bed intended at exterior tile or thin set? Please clarify. A5: Tile on the exterior walls to be thinset on metal lath and scratch and brown coat Q6: Ref. 11/S4.2 — with regards to metal stud framing supports at Lecture Hall Platform, confirm whether "54mil track" at metal deck & sloping concrete slab are intended to be segmented standard 16GA tracks or radius track & break shape radius to account for radii & sloping floor. Ref A2.4 Seating Plan.? A6: Structurally the riser support walls below the deck can be segmented with slight overhangs of the riser deck. Q7: Please clarify the actual location of member "L4x4x1/4" w/1/2" x 4" Titen HD Anchors at 16" OC" at the platform framing shown on detail 11/S4.2. Detail 12/S4.2 does not include this angle. Intent is not clear. A7: The callout for the L4x4 does not apply to detail 11/S4.2. The angle occurs where the platform intersects the stage wall detail 7/S4.2. Q8: Please clarify if the metal deck edge form shown on detail 11/S4.2 is to be radiused or segmented for the seating platform shown on A2.4. Ref: Spec 05310. A8: Radiused. Q9: On sheet number A5.4 of the windows schedule, I noticed that some windows are marked with a "T". Could you please clarify whether "T" signifies spandrel glass or has a different meaning rather than tempered glass? A9: T is for "Tempered Glass" as noted in the window types legend. Q10: Sheet number 1 / A4.9, at the top of the parapet detail, includes keynotes 3. Keynote 3 refers to a 2-1/2" x 6" Curtain Wall system. However, there are no details showing the curtain wall on the East and South elevations behind the metal wall panel (keynotes 11). rU5ei81ptrN';,veoA I t;p—fonds xtint Iltiury lrctige hail G1444_19(1 Ili Ad dnGs\i v.Gui\!vJdm I l]yaddVudun. uo 2J441 mo,dOij,— Could you please confirm whether there is any glass scope behind the single -faced metal wall panel? A10: Keynote #3 should be Keynote #24 on Shts. A4.8 and A4.9.. Q11: Drawings show SFP modules for fiber connection to existing library. Drawing E1.1 shows fiber being provided by the EC from the Library Basement to Electrical Room 116. a. Is this single mode or multimode fiber? b. How is the fiber getting to Server Room 114 c. Are we installing SFPs in existing switches? A11: See answer to question A1— October 4, 2023. Q12: Pre -bid submittals are identified in the following specs: 07430 in paragraph 1.03, 11610 in paragraph 1.06, and 16413 in paragraph 1.07. Please confirm that these submittals may be provided after award and not with the bid. Al2: Disregard pre -bid submittal requirement for Specification Section 07430. Please see answers to question 4 and 5 for Sections 11610 and 16413. Q13: On drawing A5.1, flooring type SC-2 is grind polished and sealed concrete. SC-2 is to be applied in Room 120 (Lecture Hall). Please confirm if the vertical surfaces in the stepped seating areas of this room need to have SC-2 finish applied, or if only the horizontal walk -able surfaces need the SC-2 finish applied. A13: Vertical surface of concrete should be smooth troweled and sealed but not polished. Q14: The signal flow drawings, AV7.01 — AV7.51, and the rack elevation AV5.40, appear to show additional plates, not shown on the plates page. These are plates with the prefixes ACB.xx, VWB.xx and RPV.xx. Is it possible to get drawings for those to aid in the accuracy of pricing? A14: Boxes that are simply pass -through points (i.e., no connectors) are not detailed. See responses to other questions about specific boxes and updated AV5.20 sheet. Q15: AV appears as 16413 in the spec, but the drawings make reference to 274136, 274134, 274130, 274132 and 274139. Please confirm that all of those 2741 xx divisions are included under 16413, or provide a breakdown and explanation of which sections are expected to be the responsibility of the AV contractor. All 5: Yes, the 2741xx sections should be read as 16413. Q16: For SC-2 at the Theater areas, please confirm if the vertical surfaces in the stepped seating areas need to have SC-2 finish applied, or if only the horizontal walk -able surfaces need the SC-2 finish applied. A16: Vertical surfaces of concrete should be smooth troweled and sealed but not polished. WA;" y iecmMU hall 1-i444_19111U 11 QUS511f:f:ni\i:ddm Ni atlda..Juli nu ?�id44 tabul,iMC✓. Q17: 16413 - equipment rack - Should all (3) equipment rack be provided under the base bid? Or should the third rack (AER.03) only be provided with the alternate portion of the bid? A17: AER.03 is indicated on A V5.40 as part of the alternate. Q18: 16413 - QSC touch panel - The 16413 specs only call out for (1) QSC TSC-101-G3 touch panel however (2) are shown on the plans, Sheet 2/AV7.01 has one labeled as "DSP.02" and sheet 1/AV7.51 has another labeled as "DSP.03" Please clarify which is correct. A18: The specification includes (2) touch panels. 1 listed at 2.05.E and 1 at 2.11.F, Q19: 16413 - RPV.xx devices - Sheet AV5.40 is showing (3) RPV devices in rack #1 but it is not clear as to what these devices are. Please clarify what should be provided for RPV.01, RPV.02 & RPV.03 devices. IF these are patch panels of some sort then please provide the missing panel layout details. A19: These are panels with BNC connectors for video tieline/router patching. See updated AV5.20 sheet. Q20: 16413 - ACB.xx wall plates - 1/AV7.01 is showing (3) ACB.xx plates that are not shown on AV5.20 with the other custom plates. Please clarify what size these plates are and provide the missing wall panel layouts. A20: See updated A V5.20 sheet. Q21: 16413 - AWB.03 wall plate - 2/AV7.01 is showing an AWB.03 plate that is not shown on AV5.20 with the other custom plates. Please clarify what size these plates are and provide the missing wall panel layouts. A21: AWB.03 is missing from the layout drawings. It is a 2-gang box with a 2-gang plate. See updated AV4.01, AV5.20 and AV6.01 sheets. Q22: 16413 - AJB.xx wall plates - 31AV7.02 is showing (3) AJB.xx plates that are not showing on AV5.20 with the other custom plates. Please clarify what size these plates are and provide the missing wall panel layouts. A22: Boxes that are simply pass -through points (ie. no connectors) are not detailed. See A V box schedule on AV6.01 for box sizes, Q23: 16413 - VWB.xx wail plate - 1 /AV7.50 is showing (3) and 7/AV7.50 is showing (1) VWB.xx wall plates that are not showning on AV5.20 with the other custom plates, Please clarify what size these plates are and provide the missing wall panel layouts. A23: Boxes that are simply pass -through points (le, no connectors) are not detailed. See AV box schedule on AV6, 01 for box sizes. 1'`.U5Hi gl{I(p.V'.Shbl F.�l'rda ll(]f1R fJLS•sA IXwmwl.ti iQ {, •{IIGn1lt•ul'1111h a"Y IF.. uwa h"wl .7std4 _t<31111Uit1 d"C 1VCIAlk 3dw I WUw,hmt ni. 2—i44,I_,,tj, I JOCK Q24: 16413 - VWB.01 panel - 1/AV7.51 is showing a VWB.01 device that looks to be a video patch panel but it is not shown on AV5.20 with the other custom panels. Please clarify and provide the missing panel layout details. A24: See updated AV5, 20 sheet. Q25: 16413 - VWB.07 & VWB.08 - 1/AV7.51 is showing a VWB.07 in Green Room and VWB.08 in Lobby but these panels are not shown on AV5.20 with the other custom panels. Please clarify what size these plates are and provide the missing wall panel layouts. A26: Boxes that are simply pass -through points (ie. no connectors) are not detailed. See A V box schedule on AV6.01 for box sizes. Q27: Drawing A5.4 identifies window types. Should all windows (from Type A to Type K) be made with spandrel glass? Or is window Type G the only one to receive spandrel glass? Please advise. A27: Window Type G is the only spandrel glass. Q28: Would the following fixtures be approved as alternates to the current theatrical lighting spec? A28: No. Fixtures do not achieve equivalent brightness and/or equivalent noise level. A more detailed breakdown will be provided if desired. 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. AMG & Associates, Inc. Bidder's Name (Please Print) 10/6/2023 Date r' Aut orized S'g a, e & Title Albert M. Giacomazzi - President sisal>Ipb�.v,,I1i�i+Jlltunlf JCls1fy23..t4 rvff]nl\100_I:ai rtili�sxlcNnI 1.6u y i+:;hrta ri ill^ -144 1911 ribi(I O nibabullnq, M, I\I I I o ? ;'4441obld Jena City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19FIl CONTRACT NO. 7444-2 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: AMG & Associates Inc. Business Address: 26535 Summit Circle Santa Clarita, CA 91350 Telephone and Fax Number: Ph: (661) 251-7401 F-30661) 251.740E California State Contractor's License No. and Class:_ 881824 - Class A & a (REQUIRED AT TIME OF AWARD) Original Date Issued: 7/31/2006 Expiration Date:n7/31/2024 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: There wac not a lob walk for this project 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 Albert M. Giacomazzi President 26535 Summit Circle Santa Clarita, CA 91350 (661) 2` 1 7401 Anthony R. Traverso VP/Secretary 26535 Summit Circle, Santa Clarita CA 91350 (661) 251 7401 Corporation organized under the laws of the State of CA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: AMG has never been in bankrupcy 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; See attached litigation history Briefly summarize the parties' claims and defenses; See attached litigation history Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor coml Rance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes '\y�J 20 AMG Claims Against a Project Owner in the Past 5 Years late Case Description and Outcome AMG filed case# 185TCV09666 in the Los Angeles Superior Courts; Stanley Mosk Courthouse against the dsitrict and their Builder's Risk Insurance Carrier. There was a rainstorm that damaged the El Camino College 12/21/2018 AMG vs. El Camino Gymnasium project and cuased delays. After an insruance claim was filed, the Insurance company paid the Community College District claim to the district instead of AMG. The district failed to reimburse AMG for $650,000 in damages. AMG reached a settlement with the district and Insurance company on 6/11/21 which resulted in full payment to AMG of $6S0,000 AMG filed case# CIVDS1905491 in the San Bernardino County Superior Courts; San Bernardino District AMG vs. San Bernardino Courthouse Civil Division against the district due to outstanding change orders owed to AMG for 2/21/2019 Community College District approximately $S.SM due to concealed conditions and design errors that caused 418 RFI's and 200 change orders on the Crafton Hills Lab Renovation Project. The case was settled in arbitration on 10/11/19 and AMG was paid $866,000 AMG made a claim for $4,000,000 against the dsitrict because the district failed to pay for changes, extra AMG vs. Santa Barbara work and delays caused by the district providing plans and specs that were not accurate, as well as not 10/20/2020 Unified School District disclosing conditions of the site. There was also damage to the Peabody Stadium project caused by an adjoining street which the district didn't pay. A settlement was reached on 3/29/21 in mediation and the district paid AMG $3,106,567 for the outstanding balance, change orders and retention. None Project Owner Claims Against AMG in the Past 5 Years / 10/11/23 Albert M. Giac resident - AMG Date Are any claims or actions unresolved or outstanding? Yes /(J9 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. AMG & Associates. Inc. Bidder Albert M. Giacomazzi (Print name of Owner or President of Co oration/Compan Aut rized Sig r President Title 10/6/2023 Date On 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 See attached notary sheet (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A ,VNX,exX^..Y'.^c'. XAX'c <AX`Vx`.v�.<: ;c c',c: n. `-cY:sX'�c.(` :iri�2R�5C.fHs`.t:4". "-��G G.t't�. .t7 hr.:: s;el<;<AXA�'� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of _Los Angeles ) On Oct. 06, 2023 before me, David Silva, Notary Public Date Here Insert Name and Title of the Officer personally appeared Albert M. Giecomazzi Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(%) is/nox subscribed to the within instrument and acknowledged to me that he/Ak*AtW executed the same in his1hWX9Wr authorized capacity(WA and that by his/bcitlOtWKsignature4) on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my DAVIDSILVA WITNESS my hand and official se 1. Notary Public - CaitforniaLos Angeles Countyj ,Commission # 2390953 Signature ' r Comm, Expires Jan t 6, 2026 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Info. Required of Bidder Document Number of Pages: —3 Signero) Other Than Named Above: N4 Capacity(kmi Claimed by Signer(s) Signer's Name: Albert M. Giacomazzi ® Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General L— Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: AMG & Associates. Inc Date: Oct. 6, 2023 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: x>'Z�,r..C:r%(.r.:.xt4v.X;C%t`5=4��f�K:ti.;tv�,,.Ut:�t±C.AS'.G`b`G`i%4"�L^t:t.^cf:+::c�c_�t'kY:4�:tx_4:,CtiX%c-•.:<;!.=4K:.LY 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7444-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 10/6/2023 Date Ph: (661) 251-7401 Fax:(661) 251-7405 Bidder's Telephone and Fax Numbers 881824 - Class A & B Bidder's License No(s). and Classification(s) 1000000413 DIR Registration Number AMG & Associates, Inc. Bidder Bidd is Aut i ignature and Title Albert M. Giaco -President 26535 Summit Circle Santa Clarita CA 91350 Bidder's Address Bidder's email address: estimatingpam_qasscciatPsinc.com am G1758 SignGroup/Karman Jack Minden 818-312-1565 Newport Beach Library Lecture Hall Signage Program Sign Quantities / Bid Form ROADWAY SIGNAGE R1.00 Accessible Parking Identification Sign 2 $1,380.00 $2,760.00 R2.00 Parking Disclaimer / Tow Away Sign 1 $1,520.00 $1,520.00 DONOR RECOGNITION SIGNAGE D1.00 Building / Donor Identification Wall Sign 1 $54,675.00 $54,675.00 D2.00 Building / Donor Identification Monument Sign 1 $26,855.00 $26,855.00 D3.00 Lobby Donor Recognition Sign 1 $2,675.00 $2,675.00 D4.00 Multiple Donor Recognition Sign 1 $11,850.00 $11,850.00 D5.00 Green Room Donor Recognition Sign 1 $112.00 $112.00 D6.00 Courtyard Donor Recognition Sign 1 $4,225.00 $4,225.00 D7.00 Control Room Donor Recognition Sign 1 $1,450.00 $1,450.00 EXTERIOR SIGNAGE X1.00 Building Address Sign 1 (3 numerals) $380.00 $380.00 X2.00 Exterior Room Identification Sign 4 $410.00 $1,640.00 X3.00 International Symbol of Accessibility 1 $55.00 $55.00 X4a.00 No Smoking Notice / Main Entrance 1 $98.00 $98.00 X4b.00 No Smoking Notice 2 $112.00 $224.00 X5 Dedication Plaque (Not on schedule; shown on drawings) 1 $3,350.00 $3,350.00 INTERIOR SIGNAGE A1.00 Interior Room Identification Sign 12 $118.00 $1,416.00 A2.00 Lobby Restroom Identification 1 $266.00 $266.00 A3.00 CBC Restroom Identification Sign 3 $85.00 $255.00 A4.00 CBC Restroom Identification Sign / All -Gender 1 $95.00 $95.00 A5.00 ADA Restroom Identification Sign 2 $165.00 $330.00 A6.00 ADA Restroom Identification Sign / All -Gender 1 $148.00 $148.00 A7.00 ADA Emergency Exit Sign 9 $72.00 $648.00 A8.00 Emergency Evacuation Sign 3 $450.00 $1,350.00 A9.00 Maximum Occupancy Sign 1 $94.00 $94.00 Al0.00 Assistive Listening Device Sign 1 $115.00 $115.00 A11.00 Accessible Seating Identification 4 $40.00 $160.00 Al2.00 Accessible Lift Sign 2 $61.00 $122.00 Samples Samples/Prototypes - See SG/K Quote For List 1 $4,300.00 $4,300.00 Signage Program Fabrication / Subtotal $121,168.00 Signage Program Installation / Subtotal $16,890.00 - Project Travel / Mobilization, Parking, Equipment Rental $2,000.00 Sales Tax 7.5% $9,390.52 Project Managment $3,800.00 Structural Engineering Allowance - See Allowance notes $1,200.00 Fire Safety Mapping / Coordination / Layouts: - Evacuation signage layouts for fire inspector approval are $280.00 submitted electronically. Insurance: - Standard certificate included; if "separate endorsements" are required they will be $250. each. Permit Allowance - Estimated costs/fees based on Planning/Entitlement in place. Variance costs/fees are separate. All electronic submittal costs are included. Actual costs of permits by others Signage Program - Total $154,728.52 1. All concrete bases poured above grade - D2, D6 are contractor supplied. SGK will field bolt or sleeve into the base as needed. 2. Below grade concrete R1, R2 by SGK 3. SG/K PolySign System • ADA signs are offered using SG/K Polysign system: custom color UV coated acrylic, laser cut ADA tactile copy & round CA braille. Signs are flood coated and the copy, braille and graphics are direct screen coated. This process is indistinguishable when compared to Direct and 3D printing. It inherently has better solid color presentation. • Non ADA signs have UV screen coated copy & graphics. Allowance Explanation: Allowance Explanation: These amounts are good faith estimates based on past projects and are offered as a path to the most economical way to estimate accomplishment of an unknown/undefined portion of the work without overstating cost. We will invoice this work based on materials cost, plus $125.00 per hour fee, with the allowance offered as a typical maximum. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F11 CONTRACT NO. 7444-2 PART 1 - GENERAL PROVISIONS 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 2-3 SUBCONTRACTS 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 7 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 8 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 10 7-8.4 Storage of Equipment and Materials 10 7-8.4.2 Storage in Public Streets 10 7-8.5 Sanitary Sewers 10 7-8.5.2 Sewage Bypass and Pumping Plan 10 7-8.6 Water Pollution Control 11 7-8.6.2 Best Management Practices (BMPs) 11 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 11 7-10 SAFETY 12 7-10.3 Haul Routes 12 7-10.4 Safety 12 7-10.4.1 Work Site Safety 12 7-10.5 Security and Protective Devices 13 7-10.5.3 Steel Plate Covers 13 SECTION 9 - MEASUREMENT AND PAYMENT 13 9-2 LUMP SUM WORK 13 9-3 PAYMENT 13 9-3.1 General 13 9-3.2 Partial and Final Payment. 15 PART 2 - CONSTRUCTION MATERIALS 16 SECTION 200 — ROCK MATERIALS 16 200-2 UNTREATED BASE MATERIALS 16 200-2.1 General 16 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 16 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1 Requirements 16 201-1.1.2 Concrete Specified by Class and Alternate Class 16 201-2 REINFORCEMENT FOR CONCRETE 16 201-2.2 Steel Reinforcement 16 201-2.2.1 Reinforcing Steel 16 SECTION 203—BITUMINOUS MATERIALS 16 203-5 SLURRY SEAL 16 203-5.1 General 16 203-5.4 Emulsion -Aggregate Slurry (EAS) 16 203-5.4.1 General 16 203-5.4.2 Materials 17 203-6 ASPHALT CONCRETE 17 203-6.5 Type III Asphalt Concrete Mixtures 17 203-11 ASPHALT RUBBER HOT MIX (ARHM) 17 203-11.3 Composition and Grading 17 SECTION 209— PRESSURE PIPE 17 209-1 IRON PIPE AND FITTINGS 17 209-1.1 Ductile Iron Pipe 17 209-1.1.2 Materials 17 SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 18 212-5 VALVES 18 212-5.2 Butterfly Valves 18 212-5.2.1 General 18 SECTION 214—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 19 214-4 PAINT FOR STRIPING AND MARKINGS 19 214-4.1 General 19 214-4.3 Preformed Green Thermoplastic Markings 19 214-6 PAVEMENT MARKERS 19 214-6.3 Non -Reflective Pavement Markers 20 214-6.3.1 General 20 214-6.4 Retroreflective Pavement Markers 20 214-6.4.1 General 20 SECTION 215 - TRAFFIC SIGNS 20 PART 3 - CONSTRUCTION METHODS 20 SECTION 300 - EARTHWORK 20 300-1 CLEARING AND GRUBBING 20 300-1.3 Removal and Disposal of Materials 20 300-1.3.1 General 20 300-1.3.2 Requirements 21 SECTION 302 - ROADWAY SURFACING 21 302-1 COLD MILLING OF EXISTING PAVEMENT 21 302-1.1 General 21 302-1.7 Work Site Maintenance 21 302-4 SLURRY SEAL SURFACING 22 302-4.8 Spreading and Application 22 302-4.9 Field Sampling and Testing 22 302-4.12 Rolling of Slurry Sealed Surface 22 302-4.13 Street Sweeping and Cleanup 22 302-5 ASPHALT CONCRETE PAVEMENT 22 302-5.1 General 22 302-5.4 Tack Coat 23 302-5.8 Manholes (and Other Structures) 23 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 23 302-6.7 Traffic and Use Provisions 23 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 23 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 23 303-5.1 Requirements 23 303-5.1.1 General 23 303-5.5 Finishing 24 303-5.5.2 Curb 24 303-5.5.4 Gutter 24 303-7 COLORED CONCRETE 24 303-7.1 General 24 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 24 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 24 306-2.7 Shutdowns of Existing Pipelines 306-2.7.3 Temporary Bypasses 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 24 24 25 25 SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 26 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 26 314-2.1 General 26 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 26 314-4.1 General 26 314-4.2 Control of Alignment and Layout 26 314-4.2.1 General 26 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 27 314-4.4.1 General 27 314-4.4.2 Surface Preparation 27 314-4.7 Application of Preformed Green Thermoplastic Markings 27 314-5 PAVEMENT MARKERS 27 314-5.1 General 27 SECTION 315 -TRAFFIC SIGN INSTALLATION 27 PART 6 - TEMPORARY TRAFFIC CONTROL 28 SECTION 600 - ACCESS 28 600-1 GENERAL 28 600-2 VEHICULAR ACCESS 28 600-3 PEDESTRIAN ACCESS 29 SECTION 601— WORK AREA TRAFFIC CONTROL 29 601-1 GENERAL 29 601-2 TRAFFIC CONTROL PLAN (TCP) 29 [IVj CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT BEACH LIBRARY LECTURE HALL PROJECT NO. 19F13 CONTRACT NO. 7444-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1)Technical Specifications prepared by RCA+A dated September 6, 2023 attached hereto; (2) these Special Provisions; (3) the Plans (Drawing No. B-5309-S); (4) Construction Management Plan Dated August 18, 2023; (5) City's Standard Special Provisions and Standard Drawings for Public Works Construction (Current Edition) http://www.newportbeachca.gov/government/departments/public-works/resources; (6) Standard Specifications for Public Works Construction (2015 Edition), including supplements (Green Book); (7) the applicable Codes shown on the Plans; (8) American Public Works Association Standard Drawings, Latest Edition; and (9) Community Development Permits. 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 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 30 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. 2-3 SUBCONTRACTS 2-3.2 Self -Performance. Delete this section. 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 (Architect) shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of Selective site and building demolition as noted on the Demolition Plan; includes the existing courtyard wall that parallels Avocado Avenue, a portion of the library building pedestrian arcade, the courtyard paving and landscaping, the pedestrian access bridge from Avocado Avenue and a portion of the existing sidewalks and parking lot. The Work includes all site and building construction as indicated in the Contract Documents. The Work includes new utility systems, site paving, curbs, ramps, pavement markings, parking, signage, fences and gates, site lighting and other site features to extent indicated in the Contract Drawings. The Work includes the construction of a new single story 9,814 SF library lecture hall building and associated site work. The Building is to be Type VB Fully- Sprinklered Construction. Additionally, the work includes the construction of a trash enclosure, site walls and security gates. As indicated within the Contract Documents, the Work Includes, but is not limited to: a) New building structures including all exterior finishes, doors, windows, storefronts, curtain wall, covered walkway, interior finishes, casework, specialties and built-in equipment. b) All concrete paving, landscaping and irrigation system. c) Built-in Audio and Visual Equipment. d) Signage and Graphics to the extent indicated on the Drawings and in the Project Manual, Signage Program dated September 6, 2023. e) Wet pipe fire suppression system and fire detection system. f) Plumbing and HVAC (heating, ventilating and air-conditioning) as indicated on the Plumbing, Mechanical and Electrical Drawings. g) Communication equipment, conductors and instruments. Work under the building construction contract shall include conduits, junction boxes, outlet boxes, backboards, conductors and conduit ties between backboards and in the Specifications. h) All infrastructure including conduit, back -boxes, hardware and equipment for Access Control System. i) All underground utilities j) Reporting and maintaining all SWPPP and WQMP. Page SP 2 of 30 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. d) Survey the existing site conditions to verify that the grades being given in the plans match the actual conditions. This survey data shall be sent to the design team as a submittal for review. If discrepancies are found the City should be notified before contractor proceeds with work. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Robert R. Coffee Architect + Associates and can be contacted at (949)760-8668. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48-hours in advance of any work. 3-3 EXTRA WORK 3-3.2 Payment SECTION 3 - CHANGES IN WORK Page SP 3 of 30 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. No payment will be made for the use of tools or equipment which have a replacement value of $200 or less. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 10 2) Materials ....................................... 10 3) Equipment Rental ........................... 10 4) Other Items and Expenditures ........... 10 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding and insurance. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost (prior to any markups) may be added by the Contractor. 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. Page SP 4 of 30 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes and utility boxes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes and utility boxes shall be permanently adjusted to finish grade. The Contractor shall adjust all temporarily lowered manholes and utility boxes to the new finished grade within five (5) calendar days of completing the AC finished course. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the Page SP 5 of 30 necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule monthly or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 3-week look -ahead schedules on a weekly basis with detailed daily activities for the weekly OAC Meetings. The Contractors baseline schedule shall incorporate 21 anticipated weather days during the period from initial site work through the date of substantial completion, affecting any work on the critical path. Unused weather allowance days become jointly owned. The Contractor will not be allowed for a time extension due to weather days until they have exhausted the 21 days. Contractor shall complete site demolition, clear & grub of landscape, removing existing underground wet utilities, and transfer to new utilities before the over -excavation of the building is able to commence. Contractor shall remove the existing pavement and replace with new pavement within five days of start of work located east of the existing library. This is path of travel is only allowed to be shut down for one week (5 days). Failure to comply with these provisions will result in liquidated damage of $250 per day. 6-7 TIME OF COMPLETION Page SP6of30 6-7.1 General The Contractor shall complete all work under the Contract within 465 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, unless otherwise approved by the Engineer. Normal working hours are limited to 6:30 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours or per the Construction Management Plan. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. For those locations where night work is allowed to minimize disruption to the community, the following requirements shall apply: A. Night work hours shall be from 10:00 PM to 6:00 AM, Sunday night through Friday morning. No work is allowed Friday or Saturday nights. Hours may be restricted at the direction of the Engineer. B. The Engineer must approve all requests for night work. C. The Contractor shall notify the Engineer two -weeks prior to the start of any requested night work. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) Page SIR 7 of 30 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 $2,500 and as stated in 6.1 Construction Schedule Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Page SP 8 of 30 If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK All existing underground utilities shall be operational during the duration of construction to ensure that the library, adjacent shopping center and residential are not impacted by shutdowns or transfer of services. City forces will perform all shutdowns of water, sewer and storm drain facilities as required. The Contractor shall provide the City a plan for continued water, sewer, and storm drain service to the Central Library Facility during construction. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-5 PERMITS. Replace this section with "The project is deemed `permit ready' by the City's Building Division (Plan Check No. 1510-2022). The Contractor shall obtain building permits from the Community Development Department prior to starting work and submit any and all submittals for Community Development Department review per contract documents. City of Newport Beach Building Division permit and normal inspection fees shall be waived." Page SP 9 of 30 7-7 COOPERATION AND COLLATERAL WORK All existing underground utilities shall be operational during the duration of construction to ensure that the library, adjacent shopping center and residential are not impacted by shutdowns or transfer of services. City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City a plan for continued water, sewer, and storm drain service to the library during construction. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48-hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.5 Sanitary Sewers 7-8.5.2 Sewage Bypass and Pumping Plan The Contractor shall bypass all sewage flows during sewer related construction operations as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120% of the peak flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than one foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 working days for review and return of comments. Approval by the City does not in any way relieve the Contractor Page SP 10 of 30 of its responsibilities provided for in this section of any public liability for sewage spills under this Contract. 7-8.6 Water Pollution Control Add to this Section: "The Contractor shall: 1. Make every effort to conduct the work in a manner that will not interfere with the ingress/egress of the adjoining public facilities. 2. Provide and maintain gravel beds and "shaker plates" at job site ingress/egress locations to minimize the tracking of errant materials onto the public alleys and streets. 3. Apply dust controls whenever airborne errant dust is observed. 4. Remove all construction debris from the work site at the end of each work day. 5. Provide restrooms and trash service for the construction personnel. 6. Provide street and/or parking lot sweeper service to mechanically and/or manually remove errant construction debris and dust as directly by the Engineer. 7. Provide reasonable cleaning service as directed by the Engineer to remove dust and other errant debris that were not controlled during the construction and have deposited upon the neighbors' parked vehicles, building windows, planters, landscaping, etc. 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. 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Page SP 11 of 30 The contractor shall implement and maintain the requirements of the SWPPP, including all required BMPs during all phases of the work. The implementation of the SWPPP shall be performed by a Qualified SWPPP Practitioner (QSP) to be retained by the Contractor. SWPPP implementation shall be subject to inspection by the City and any identified deficiencies shall be corrected by the Contractor at the Contractor's expense. The SWPPP shall be amended by the Contractor whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for discharge of pollutants. The SWPPP shall also be amended by the Contractor if it proves to be ineffective in significantly reducing pollutants from the construction site. Each submittal shall include two (2) hard copies and one (1) Adobe Acrobat "pdf' copy. The SWPPP must be kept at the construction site during construction and also be available for review when requested by the Regional Water Quality Control Board (RWQCB) or the City. Contractor is not responsible for filing a Notice of Intent (NOI) for permit coverage or a Notice of Termination (NOT) at project end. City will file the NOI and NOT through the State Water Resources Control Board (SWRCB) SMARTS system. The Contractor shall prepare and electronically submit all reports required by General Permit (including the Annual Report) to the City throughout the duration of the project for the City's review and submittal to the SWRCB SMARTS system. The Annual Report shall be submitted no later than August 1st of each year and must include a summary and evaluation of all sampling and analysis results, original laboratory reports, chain of custody forms, a summary of all corrective actions taken during the compliance year, and identification of any compliance activities or corrective actions that were not implemented. In the event the City incurs any administrative civil liability (fine) imposed by the RWQCB as a result of Contractor's failure to fully implement the provisions of this section, the Engineer may withhold from payments otherwise due the Contractor a sufficient amount to cover the fine. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. Page SP 12 of 30 The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value 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 Library Lecture Hall Building: Work under this Item shall include all of the costs necessary to complete all of the work shown within the Contract Documents, complete and in place. The following is listing of work items that need further itemization on the Schedule of Values to be submitted to the Engineer upon project award to the low responsible bidder by the Newport Beach City Council. The cost of all other items of work that are not specifically listed as required but are customary to be completed as a prerequisite for a fully functional facility shall have been included in the bid and no additional compensation shall be made. Mobilization and Demobilization: This work shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, providing and maintaining sanitary facilities for the workers, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleaning up, removing USA Markings and providing any required documentation as noted in the Contract Documents. Page SP 13 of 30 Staffing Requirements: The Contractor shall provide adequate staffing for the project showing a significant onsite presence. At a minimum this equates to providing an experienced 100-percernt allocated superintendent, 50-percent allocated project manager and an additional onsite project engineer/project administrator. • Surveying Services: This work shall include the cost of construction staking, final grades, all horizontal alignment, as -built field notes, replacing and filing Corner Records, and other survey items as required to complete the work in place. • Removals: This work shall include all of the costs needed to remove and dispose of all of the existing improvements that need to be removed such as below pipes, and other interfering items in order to space for the new improvements described in the Contract Documents. Since the Work adjoins private properties, the Contractor shall not deploy construction methods that will cause excess disturbance, damage and/or degradation to the neighboring properties. At no additional cost to the City, the Engineer may direct the Contractor to change the construction means -and - methods if the City received credible concerns from the neighbors caused by the construction activities. The cost of all site and below grade preparation work required by the various Reports in the Contract Documents prior to constructing the improvements described in the Contract Documents shall be made a part of the price bid. • Utilities Coordination: This work shall include all of the costs needed to complete the work listed under Section 5-4 of these Special Provisions and Architect's Technical Specifications. • Traffic Control: This work shall include all posting all `No Parking' signs, supplying traffic control including changeable message board signs (minimum two), following the WATCH Manual, and all other items in Part 6 — Temporary Traffic Control. • Project Site Maintenance: This work shall include all of the costs needed to complete the work listed under Section 7-8 of these Special Provisions and Architect's Technical Specifications. • Relocate of OCTA Bus Stop: This Work shall include all costs required including coordinating with Orange County Transportation Authority (OCTA), relocating the bus stop temporarily and permanently as directed by the Engineer. • Library Lecture Hall Signage Program: This work shall include all of the costs needed for to furnish shop drawings, ancillary permit, install and construct the Signage Program in accordance to Construction Drawings/Bid Document dated September 6, 2023 and items described in the Contract Documents complete and in place. Page SP 14 of 30 Construct New Improvements: This work shall include all of the costs needed to provide, install, furnish, and construct, all of the new improvements and items described in the Contract Documents complete and in place, including contractor design/build fire alarms and sprinkler systems; addressing all deferred submittals and Building Division permit requirements. The building shall be delivered to the City fully functional. The cost of all required building tests for water tightness and as required by the Building Permits; HVAC system balancing; and attic stock per the Architect's Technical Specifications shall be made as a part of the price bid. Furthermore, the construction shall not be delayed due to unfavorable procurement issues. If procurement becomes an issue the contractor shall provide a suitable temporary measures that satisfy the Engineer. Third Party Installation Coordination: This work shall include all the costs needed for the contractor to coordinate and cooperate with the third -party crews, such as, IT, Library, General Services and Utilities, etc. during construction. The cost of temporary stopping of work as needed to accommodate these installations shall have been made a part of the bid. • 60-Day Plant Establishment and Maintenance Period: Work shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire period per Contract Drawings. Item No. 2 Provide As -Built Plans and Close-out Documents: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings and closeout documents. These drawings must be kept up to date and submitted to the Engineer for review prior to request for monthly payments. An amount of $10,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Additive Bid No. 1 Digital Acoustics System: Work under this item shall include, but not be limited to, all labor, tools, coordination, equipment and material costs for providing the digital acoustics system providing equipment, microphones and speakers for the real- time manipulation of the acoustical signature to the Library Lecture Hall. Speakers shall be located overhead and along the walls as noted in the contract documents and microphones suspended from overhead. All sound processing equipment shall be located in the main equipment racks. The system will be controlled from a touch -panel with multiple presets available to the end user. Conduit for the system is included in the base bid but all equipment, wiring, and programming is part of the Digital Acoustics Alternate. See Sheets AV1.11 and AV4.11 for locations and conduit information as well as specification Section 16413, AV Systems. Refer to Meyer Constellation Project #10855 when contacting Meyer Sound. 9-3.2 Partial and Final Payment. Page SP 15 of 30 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. Only City Council can deem the project complete and release of final retention. 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 unless otherwise noted in the Contract Documents. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless otherwise noted in the Contract Documents. 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 775 or A934 with 2-inch minimum cover unless otherwise noted in the Contract Documents. SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Page SP 16 of 30 Emulsion -aggregate slurry (EAS) shall be Type I-CQS-1 h conforming to 203-3 203-5.4.2 Materials 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III-B2-PG 64-10 (20% max RAP). 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.3 Composition and Grading Asphalt rubber hot mix finish course shall be ARHM-GG-C. SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe 209-1.1.2 Materials All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and transition couplings used to join pipes in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe harness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Page SP 17 of 30 Bolted connectors fabricated from stainless steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints. Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 Stainless Steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber. Ductile iron pipe fittings and valves buried underground shall be protected with a polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8-mil thick polyethylene. SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 212-5 VALVES 212-5.2 Butterfly Valves 212-5.2.1 General All butterfly valves shall be of the tight -closing, rubber -seat type, conforming to the design standards of ANSI/AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and/or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be manufactured by the Henry Pratt Co. or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves shall have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65-45-12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18-8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Page SIR 18 of 30 Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self-lubricating, corrosion -resistant, sleeve type. Bearings shall be designed for horizontal and/or vertical shaft loading. Shaft packing shall be self-adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF-61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI/AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI/AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators shall be provided with 316 stainless steel exterior body bolts. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. Add Section 214-4.3 — Preformed Green Thermoplastic Markings 214-4.3 Preformed Green Thermoplastic Markings Green background bike lane and sharrow legends shall consist of preformed thermoplastic markings and be the PreMark and 2Part sealer product by Ennis -Flint, Product No. "PM6902763" (4' x 7' arrow), "PM602766L" (4' x 7' bike lane symbol with person) and "PM602768L" (4' x 10' shared lane marking or sharrow) or approved equal. Layout for bike lane includes 4' x 6' solid green background separating the arrow and `bike lane symbol with person' with an overall 4' x 20' layout. The background/marking shall include the VIZI-GRIP treatment for anti-skid resistance and retroreflectivity on the white markings. Background shall be EF Bike Lane Green. 214-6 PAVEMENT MARKERS Page SP 19 of 30 All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 Y4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal Page SP 20 of 30 and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed from existing joint to existing joint. Alternatively, with prior approval from the Engineer, existing concrete may be neatly sawed to form straight edges to join proposed concrete improvements. Saw cuts on concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt pavement shall be full depth. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General The milled pavement shall be paved with asphalt concrete (base course, leveling course or finish course) on the same day that the cold milling is performed. The limits of work for each working day or night shall extend only as far as both cold milling and placement of asphalt concrete can be completed to assure that no pavement is left milled without placement of asphalt concrete base course, level course or finish course at the end of the each work day or night. 302-1.7 Work Site Maintenance In addition to the required motorized street sweepers following the cold milling machine, the Contractor shall provide two (2) additional motorized sweepers for the duration of the grinding and paving operation. Page SP 21 of 30 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-4.9 Field Sampling and Testing Upon the Engineer's direction, the Contractor shall slurry seal a test section within the construction limits for each slurry seal mix design. The Contractor shall apply the slurry seal test section as directed by the Engineer. No slurry seal shall be applied until the test slurry seal section have been approved the Engineer. Field samples that do not meet the requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. Add Section 302-4.12 Rolling of Slurry Sealed Surface 302-4.12 Rolling of Slurry Sealed Surface Contractor shall roll all cul-de-sacs, turning knuckles, street ends and parking stalls with pneumatic (rubber) tire rollers. Pneumatic tire rollers shall conform to Section 302-2.3.5 Add Section 302-4.13 Street Sweeping and Cleanup 302-4.13 Street Sweeping and Cleanup Upon completion of the edge grinding operation, Contractor shall clean all sidewalks, parkways, driveways and gutters. Contractor shall provide street sweeping of all streets to pick up raveling sand. Street sweeping shall occur twice; one week and two weeks after placement of slurry seal. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks Y4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal Page SP 22 of 30 joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.4 Tack Coat Tack coat shall be trackless. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. Contractor shall provide field survey elevations twenty (20) feet on either side of the proposed concrete improvements along the flowline to confirm positive drainage. If positive drainage is not attainable, Contractor shall notify the Engineer prior to completing the concrete improvements. Concrete replacement shall extend from existing joint to existing joint. Page SP 23 of 30 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall repaint any red curb that is damaged or removed. The curb shall be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry", Product Code 181 manufactured by American Traffic Products, Inc. or approved equal. Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889. The Contractor shall repaint any blue curb that is damaged or removed. The curb shall be repainted to match the original blue curb lengths. Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs. Contractor shall place Temporary No Parking ANYTIME signs on barricades where red curb marking has been removed and maintain the signs until the curb marking has been replaced. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 306-2.7 Shutdowns of Existing Pipelines 306-2.7.3 Temporary Bypasses The Contractor will be responsible for the installation of a temporary by-pass system as described in these special provisions and the plans. The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by- pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. Page SP 24 of 30 The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. It is recommended that two (2) 2-inch steel by-pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the by-pass systems. The Contractor shall be responsible for disinfection and flushing the by-pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning The Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services. 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and Page SP 25 of 30 services as well as pulling the bacteriological samples and running the incubation tests for coliform bacteria. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. Temporary painted striping shall be placed within 24 hours of removal. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Upon completion of AC base or leveling course, temporary striping shall be installed. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. Page SP 26 of 30 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior to application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. Add Section 314-4.7 — Application of Preformed Green Thermoplastic Markings 314-4.7 Application of Preformed Green Thermoplastic Markings Install preformed green thermoplastic markings per manufacturer's recommendations. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. SECTION 315 -TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Page SP 27 of 30 Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924 for typical sign installation. Signs shall be reinstalled within 72 hours of removal. Regulatory signs, including but not limited to "STOP", "YIELD", Lane Designation and/or "No Parking" signs, shall be installed on barricades and placed where the removed sign was installed. Contractor shall maintain the temporary sign(s) until the sign(s) are reinstalled. Temporary "No Parking" signs, printed with specific information regarding the no parking zone, may temporarily replace removed "No Parking" signs. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Page SP 28 of 30 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, at least two (2) changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, traffic control plans and/or detour plans for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: Page SP 29 of 30 The Contractor shall fully comply with the following TECHNICAL SPECIFICATIONS which augments, but are not referenced to, sections of the Standard Specifications for Public Works Construction. Page SP 30 of 30 City of Newport Beach Newport Beach Library Lecture Hall 19Fi i (C-7444-2i, bidding on 10112/2023 2.00 RA (PDT/ Page 1 of 17 Printed 01/10/2024 Project Title Newport Beach Library Lecture Hall 19F11 Invitation # C-7444-2 Bid Posting Date 09/06/2023 3:35 PM (PDT) Project Stage Closed Bid Due Date 10/12/2023 2:00 PM (PDT) Response Format Electronic only Link to Project https://pbsystem.planetbids.com/portal/22078/bo/bo-detail/109441 Reference ID Project Type Bid Response Types Line Items Subcontractor Bid Bond General Attachment Type of Award Lump Sum Categories 90638 - General Construction - Architectural 90900 - Building Construction Services, New (Incl. Maintenance And Repair Services) 91300 - Construction Services, Heavy (Incl. Maintenance And Repair Services) License Requirements Contractor's License "B" Required Restriction None Restricted To Department Public Works Address 100 Civic Center Drive Newport Beach, California 92660 County Orange Bid Valid Liquidated Damages $2,500 Per Day Engineer's Estimate $18,500,000.00 Estimated Bid Value $18,500,000.00 Start/Delivery Date Project Duration 465 Consecutive Working Days Prevailing Wage Yes Cooperative Bid No Piggy-backable No eBid Notes NOTE: ONLY PRE -QUALIFIED GENERAL CONTRACTORS MAY BID ON THIS CONTRACT. PRE -QUALIFICATION WAS DONE VIA A REQUEST FOR QUALIFICATIONS IN NOVEMBER 2022. Bid Bond 10% Payment Bond 100% Performance Bond 100% Pre -Bid Meeting Information Pre -Bid Meeting No City of Newport Beach Newport Beach Library Lecture Hall 19P11 (C-7444-2j, bidding on 10/12/2023 2.00 PA (PDT) Page 2 of 17 Printed 01/10/2024 Online Q&A Yes Q&A Deadline 10/02/2023 3:00 PM (PDT) Contact Information Contact Info Peter Tauscher 949-644-3316 ptauscher@newportbeachca.gov Bids to Owner's Agent Description Scope of Services The work necessary for the completion of this contract consists of Selective site and building demolition as noted on the Demolition Plan; includes the existing courtyard wall that parallels Avocado Avenue, a portion of the library building pedestrian arcade, the courtyard paving and landscaping, the pedestrian access bridge from Avocado Avenue and a portion of the existing sidewalks and parking lot. The Work includes all site and building construction as indicated in the Contract Documents. The Work includes new utility systems, site paving, curbs, ramps, pavement markings, parking, signage, fences and gates, site lighting and other site features to extent indicated in the Contract Drawings. The Work includes the construction of a new single story 9,814 SF library lecture hall building and associated site work. The Building is to be Type VB Fully- Sprinklered Construction. Additionally, the work includes the construction of a trash enclosure, site walls and security gates. As indicated within the Contract Documents, the Work Includes, but is not limited to: a) New building structures including all exterior finishes, doors, windows, storefronts, curtain wall, covered walkway, interior finishes, casework, specialties and built-in equipment. b) All concrete paving, landscaping and irrigation system. c) Built-in Audio and Visual Equipment. d) Signage and Graphics to the extent indicated on the Drawings and in the Project Manual, Signage Program dated September 6, 2023. e) Wet pipe fire suppression system and fire detection system. f) Plumbing and HVAC (heating, ventilating and air-conditioning) as indicated on the Plumbing, Mechanical and Electrical Drawings. g) Communication equipment, conductors and instruments. Work under the building construction contract shall include conduits, junction boxes, outlet boxes, backboards, conductors and conduit ties between backboards and in the Specifications. h) All infrastructure including conduit, back -boxes, hardware and equipment for Access Control System. i) All underground utilities j) Reporting and maintaining all SWPPP and WQMP. Other Details Department of Industrial Relations (DIR) Noticing: 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)]. 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. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PlanetBids City of Newport Beach Newport Beach Library Lecture Hall 19F11 (C-7444-2), bidding or. 10/12/2023 2:00 PfA (PDT/ Page 3 of 17 Printed 01/10/2024 Notes NOTE: ONLY PRE -QUALIFIED GENERAL CONTRACTORS MAY BID ON THIS CONTRACT. PRE -QUALIFICATION WAS DONE VIA A REQUEST FOR QUALIFICATIONS IN NOVEMBER 2022. ORIGINAL SEALED COPY OF BIDDERS BOND MUST BE SUBMITTED TO THE CITY CLERK PRIOR TO BID OPENING DATE. All responses for this Bid are due at or before the time shown on each Notice Inviting Bids. Late responses will not be accepted. Hard copy responses of Submittals WILL NOT be accepted. The City is not responsible for and accepts no liability in the event a response is late due to any network, internet, or any other technical problem or interruption. Electronic PDF files of the plans, specifications and bid documents are available. The City is not responsible for any errors that may occur from the printing of any of these documents by bidders, including, but not limited to: scaling issues, print quality, failure to print and submission of all required documents. 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 the reading may go to the City Clerk's office (Located at lee Civic Center Dr, Newport Beach, CA 92660) Special Notices Local Programs & Policies Documents File Title C-7444-2_Formal Bid Submittal Packet C-7444-2Sample Contract C-7444-2_Plans C-7444-2_Special Provisions C-7444-2_Technical Specifications C-7444-2_Signage Program C-7444-2Construction Management Plan C-7444-2_Geotechnical Report C-7444-2Stormwater Pollution Prevention Plan (SWPPP) C-7444-2_Water Quality Management Plan C-7444-2_Central Library As-Builts Designation of Subcontractors C-7444-2Bid Breakdown by Division Addendum No. 1 Addendum No. 1 - Drawings Addendum No.1 - Carpet Finish Plan Addendum No. 1 - Wet Utility Exhibit Addendum No. 1 - Substitution Request 1 Addendum No. 1 - Substitution Request 2 Addendum No. 1 - Substitution Request 3 Addendum No. 2 Addendum No. 2 - Revised Bid Breakdown Addendum No. 2 - Drawings Addendum No. 2 - Glass and Glazing Download Cost $0.00 File Name 1 _C-7444-2Master Formal Contract.pdf C-7444-2_Sample Contract.pdf 3_LLH Plan 09-06-23.pdf 2-Special Provisions Contract C7444_rebid.pdf 5_LLH Technical Specifications 09-06-23.pdf 4_Signage Program 09-06-23.pdf 6_LLH CMP 8-18-23_2.pdf 7_Geotech_111320. pdf 8_SWPPP - 9-07-2022.pdf 9_WQMP - 5-20-2022.pdf 10_Central Library As -built B_5141_S.pdf Subcontractor Listings_CNB.pdf LLH Bid Breakdown.pdf ADDENDUM NO. 1_7444_rebid-Signed.pdf Add 1_1- Drawings 09-20-23.pdf Add 1-2- Carpet Finish Plan 02-13-23.pdf Add 1_3 Wet Utility Exhibit 12-15-2022.pdf Add 1_4SubstRequest 1-09-27-23.pdf Add 1_5 SubstRequest 2-09-27-23.pdf Add 16 SubstRequest 3-09-27-23.pdf I -ADDENDUM NO.2_7444_rebid signed.pdf 2_LLH Bid Breakdown_v2.pdf 3_NBLLH - Addendum 2 Drawings 10-05-23.pdf 4_NBLLH.08800. Glass and Glazing 02-14-23.pdf Status On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server On Server PlanetBids City of Newport Beach Newport Beach Library Lecture Hall 15F1 1 (C-7444-2), bidding on 10/12/2023 2.00 FtA (PDT) Page 4 of 17 Printed 0100/2024 Line Items Item # Item Code Section Type Description UOM Oty Reference Unit Price 1 BASE BID Newport Beach Library Lecture Hall Building LS 1 2 BASE BID As -Built Plans and Close -Out Documents LS 1 Fixed $10,000.00 3 Additive Bid Item (Award to be Based on Base Bid Amount Only) Digital Acoustics System LS 1 4 Deductive Bid Item (Removal of Pollution Liability Insurance) Newport Beach Library Lecture Hall Building LS 1 PlanetPlds City of Ige•Npert Beach Page 5 of 17 Newport Beach Library Lecture Hall 191`11 (C-7444-2j, bidding on 10/12/2023 2,00 I'M (PDT/ Prirded 01/10/2024 Sep 27, 2023 t Addendum No. 1 Please see Addendum attachments for updates to the Notice Inviting Bids, Request for Information, Plans, Substitution Requests, and Request for Information and Clarification. Add 1_5 SubstRequest 2-09-27-23.pdf Add 1_4 SubstRequest 1-09-27-23.pdf Add 1_6 SubstRequest 3-09-27-23.pdf Add 1_3 Wet Utility Exhibit 12-15-2022.pdf ADDENDUM NO. 1_7444_rebid -Signed.pdf Add 1_2- Carpet Finish Plan 02-13-23.pdf Add 1 1- Drawings 09-20-23.pdf Oct 06, 2023 2 Addendum No. 2 Please see Addendum No. 2 attachments for updates to the Deductive Alternate, Post Bid Submittal, Specification Revisions, Plan Revisions, Architectural Drawings, and Request for Information. 1-ADDENDUM NO.2_7444_rebid signed.pdf 2_LLH Bid Breakdown v2.pdf 3_NBLLH - Addendum 2 Drawings 10-05-23.ppdf 4_NBLLH.08800. Glass and Glazing 02-14-23.pdf PianetBids City of IVewport Beach Newport Beach Library Lecture Hall 19F11 (C-7444-2/, bidding on 10/12/2023 2:00 Ptd (PDT) Page 6 of 17 Printed 01/10/2024 Bid Results Bidder Details Vendor Name AMG & Associates, Inc. Address 26535 Summit Circle Santa Clarita, California 91350 United States Respondee Albert Giacomazzi Respondee Title President Phone 661-251-7401 Email estimating@amgassociatesinc.com Vendor Type CADIR License # 881824 CADIR 1000000413 Bid Detail Bid Format Electronic Submitted 10/12/2023 1:56 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 347250 Respondee Comment Buyer Comment Attachments File Title File Name AMG Final Bid Documents Combined.pdf AMG Final Bid Documents Combined.pdf AMG Bid Bond - Newport Beach Library Lecture Hall.pdf AMG Bid Bond - Newport Beach Library Lecture Hall.pdf File Type General Attachment Bid Bond PlanetBids City of IJewport Beach Newport Beach Library Lecture Hall 19F11 (C-7444-2), bidding r, 10/12/202.3 2.00 PM (PDT) Page 7 of 17 Printed 01/10/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach Newport Beach Library Lecture Hall 19F1 i (C-7444-2), bidding or. 10/12/2023 2.00 PM (PDT, Page 8 of 17 Printed 01/10/2024 Line Items Discount Terms No Discount Item # Item Code Type Item Description BASE BID 1 Newport Beach Library Lecture Hall Building 2 As -Built Plans and Close -Out Documents Additive Bid Item (Award to be Based on Base Bid Amount Only) 3 Digital Acoustics System Deductive Bid Item (Removal of Pollution Liability Insurance) 4 Newport Beach Library Lecture Hall Building UOM OTY Unit Price LS 1 $19,058,000.00 LS 1 $10,000.00 LS 1 $409,000.00 LS 1-$9,000.00 Line Total Response Comment $19,068,000.00 $19,058,000-00 Yes $10,000.00 Yes $409,000.00 $409,000.00 Yes -$9,000.00 -$9,000.00 Yes City of Ne•Npoa Beach N—p-t Beach Library Lecture Had 19F11 (C-7444-2), bidding or, 10/12/2023 200 FM Page 9 of 17 Frinled 01/10/2024 Line Item Subtotals Section Title BASE BID Additive Bid Item (Award to be Based on Base Bid Amount Only) Deductive Bid Item (Removal of Pollution Liability Insurance) Grand Total Line Total $19,068,000.00 $409.000.00 -$9,000.00 $19,468,000.00 City of Newport Beach Newport Beach Library Lecture Halt 19F11 (C-7444-2), bidding on 10/12/2023 2.00 Ftd (PDT) Page 10 of 17 Printed 01/10/2024 Bidder Details Vendor Name Pinner Construction Co., Inc. Address 1255 South Lewis St Anaheim, California 92805 United States Respondee Justin Davis Respondee Title President of Business Development Phone 714-490-4000 Email justin@pinnerconstruction.com Vendor Type License # 166010 CADIR Bid Format Electronic Submitted 10/12/2023 1:58 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 348580 Respondee Comment Buyer Comment Attachments File Title 20231012134937.pdf Newport Beach LLH Bid Bond.pdf File Name 20231012134937.pdf Newport Beach LLH Bid Bond.pdf File Type General Attachment Bid Bond PlanetBids City of Newport Beach Newport Beach Library Lecture Hall 19Ff 1 (C-7444-21, bidding on 10112/2023 2.00 Pfd (PDT) Page I of 17 Printed 01/10/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach Newport Beach Library Lecture Hall 19F11 (G7444-27, bidding or, 10112/2023 200 FM ;PDT/ Page 12 of 17 Panted 01/10/2024 Line Items Discount Terms No Discount Item # Item Code Type Item Description BASE BID 1 Newport Beach Library Lecture Hall Building 2 As -Built Plans and Close -Out Documents Additive Bid Item (Award to be Based on Base Bid Amount Only) 3 Digital Acoustics System Deductive Bid Item (Removal of Pollution Liability Insurance) 4 Newport Beach Library Lecture Hall Building UOM QTY Unit Price Line Total Response Comment $20,130,000.00 LS 1 $20,120,000.00 $20,120,000.00 Yes LS 1 $10,000.00 $10,000.00 Yes $450,000.00 LS 1 $450,000,00 $450,000.00 Yes -$10,000.00 LS 1-$10,000.00 -$10,000.00 Yes City of Newport Beach Newport Beach Library Lecture Hail 19Fi 1 (C-7444-2), biddirg,n 10/12/2023 2.00 PM (Pu ; Page 13 of 17 Printed 01/10/2024 Line Item Subtotals Section Title BASE BID Additive Bid Item (Award to be Based on Base Bid Amount Only) Deductive Bid Item (Removal of Pollution Liability Insurance) Grand Total Line Total $20,130,000.00 $450,000.00 -$10,000.00 $20,570,000.00 PlanetBids City of IJewport Beach Newport Beach Library Lecture Hall 19F11 (C-7444-2), bidding nn 10/12/2023 2.00 Ptd (PDT) Page 14 of 17 Printed 01/10/2024 Bidder Details Vendor Name S.J. Amoroso Construction Co., LLC Address 275 E. Baker Street Suite B Costa Mesa, California 92626 United States Respondee Roger Schotter Respondee Title Chief Estimator Phone 714-433-2326 Email rschotter@sjamoroso.com Vendor Type License # 331024 CADIR Bid Format Electronic Submitted 10/12/20231:56 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 346346 Respondee Comment Buyer Comment Attachments File Title Combined.pdf Bid Bond.pdf File Name Combined.pdf Bid Bond.pdf File Type General Attachment Bid Bond PlanetBids City of Newport Beach Newport Beach Library Lecture Hail 19F11 (C-7444-2), bidding on 10112l2023 2:00 Ftd (PDT) Page 15 of 17 Printed 01/10/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach I46wport Beach Library Lecture Hall 15F11 (C-7444-2), bidding on 10/12/2023 2.00 PM (PDT) Page 16 of 17 Printed 01110/2024 Line Items Discount Terms No Discount Item # Item Code Type Item Description BASE BID 1 Newport Beach Library Lecture Hall Building 2 As -Built Plans and Close -Out Documents Additive Bid Item (Award to be Based on Base Bid Amount Only) 3 Digital Acoustics System Deductive Bid Item (Removal of Pollution Liability Insurance) 4 Newport Beach Library Lecture Hail Building UOM OTY Unit Price Line Total Response Comment $20,377,000.00 LS 1 $20,367,000.00 $20,367,000.00 Yes LS 1 $10,000.00 $10,000.00 Yes $454,000.00 LS 1 $454,000.00 $454,000.00 Yes -$12,000.00 LS 1-$12,000.00 -$12,000.00 Yes PianetBids City of Newport Beach Newport Beach Library Lecture Hali 19F11 (C-7444-21, bidding on 10/12/2023 2:00 PM (PDT) Page 17 of 17 Printed 01/10/2024 Line Item Subtotals Section Title BASE BID Additive Bid Item (Award to be Based on Base Bid Amount Only) Deductive Bid Item (Removal of Pollution Liability Insurance) Grand Total Line Total $20,377,000.00 $454,000.00 -$12,000.00 $20,819,000.00 PlanetBids NEWPORT BEACH LIBRARY LECTURE HALL CONTRACT NO. 7444-3 (PROJECT NO. 19F11) THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 9th day of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and AMG & Associates, Inc., a California corporation ("Contractor"), whose address is 26535 Summit Circle, Santa Clarita, CA 91350, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of selective site and building demolition as noted on the Demolition Plan; includes the existing courtyard wall that parallels Avocado Avenue, a portion of the library building pedestrian arcade, the courtyard paving and landscaping, the pedestrian access bridge from Avocado Avenue and a portion of the existing sidewalks and parking lot; the work includes all site and building construction as indicated in the Contract Documents; the work includes new utility systems, site paving, curbs, ramps, pavement markings, parking, signage, fences and gates, site lighting and other site features to extent indicated in the Contract Drawings; the work includes the construction of a new single story 9,814 SF library lecture hall building and associated site work; the Building is to be Type VB Fully-Sprinklered Construction; additionally, the work includes the construction of a trash enclosure, site walls and security gates (the "Project" or "Work"). C. Due to a scrivener's error, the City's advertisement for bids, and the corresponding response files from bidders, misidentified the Project as Contract No. 7444-2, instead of the correct Contract No. 7444-3. D. 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. 7444-3 (mislabeled on the bid documents as Contract No. 7444-2), Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nineteen Million Sixty Eight Thousand Dollars ($19,068,000.00). 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 Albert Giacomazzi 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. AMG & Associates, Inc. Page 2 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 and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach - Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 AMG & Associates, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Albert Giacomazzi AMG & Associates, Inc. 26535 Summit Circle Santa Clarita, CA 91350 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. AMG & Associates, Inc. Page 4 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 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 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any AMG & Associates, Inc. Page 5 subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 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 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed AMG & Associates, Inc. Page 6 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. 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. AMG & Associates, Inc. Page 7 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. 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. AMG & Associates, Inc. Page 8 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 Employ. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. AMG & Associates, Inc. Page 9 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] AMG & Associates, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I / I 5?/Z 4 By: LA ar n C. Harp CiW Attorney 8/Zy ATTEST: a �, Date: f By. Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California m�icipal corporation Date: %g%Z)� �� Will • Mayor CONTRACTOR: AMG & Associates, Inc., a California corporation Date: Signed in Counterpart By. Albert Giacomazzi Chief Executive Officer Date: Signed in Counterpart M- Anthony Traverso Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements AMG & Associates, Inc. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1/ I'�/4'/q By: Lt (�`> ty on C. Harp Attorney v ATTEST: Date: In Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date:- By - Will O'Neill Mayor CONTRACTOR: AMG & Associates, Inc., a California corporation Date: 1/22/24 By: A*Ex�'Zi�ve i COfficer Date: 1/22/24 By:7-��.�---- A0o ,Tfaverso Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements AMG & Associates, Inc. Page 11 EXHIBIT A CITY OF NEWPORT BEACHExecuted in Du Premium includeld ntthe) originals BOND NO. 107958676 Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to AMG & Associates, INC. hereinafter designated as the "Principal," a contract for, the work necessary for the completion of this contract consists of selective site and building demolition as noted on the Demolition Plan; includes the existing courtyard wall that parallels Avocado Avenue, a portion of the library building pedestrian arcade, the courtyard paving and landscaping, the pedestrian access bridge from Avocado Avenue and a portion of the existing sidewalks and parking lot; the work includes all site and building construction as indicated in the Contract Documents; the work includes new utility systems, site paving, curbs, ramps, pavement markings, parking, signage, fences and gates, site lighting and other site features to extent indicated in the Contract Drawings; the work includes the construction of a new single story 9,814 SF library lecture hall building and associated site work; the Building is to be Type VB Fully-Sprinklered Construction; additionally, the work includes the construction of a trash enclosure, site walls and security gates, 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, Travelers Casualty and Surety Company of America 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 Nineteen Million Sixty Eight Thousand Dollars ($19,068,000.00) 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 AMG & Associates, Inc. Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 23rd day of January , 20 24 . AMG & Associates, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive, Diamond Bar, CA 91765 Address of Surety (909)612-3270 Jeni Ehlers Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: If �) A-- q Jj�qtBy: (,a, A on C. Harp City Attorney Authorize gent Signature MARY SMITH, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED AMG & Associates, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of L } ss. i4� .9 On 3v n, ; ��y 2 , 20 z— before me, Notary Public, personally appeared ALbe)eT M, 6/ACc1-44zzi , who proved to me on the basis of satisfactory evidence to be the person( whose name( is/a'- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef//their authorized capacity(ies), and that by his/iZer/their signatures(fs) on the instrument the person(; or the entity upon behalf of which the person(,s-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s-'etr-eiJ 4 sW Signature DAVID SILVA Notary Public • California Los Angeles County amy Commission p 2390953 Comm, Expires Jan 16, 2026 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 (seal) County of Los Angeles }SS. On January 23 , 20 24 before me, Emily Preciado , Notary Public, personally appeared Mary Srnith , 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. 1 a I�SA � g ature EMILY PRECIADC COMMISSION #2328011 = Notary Public - California ME = LOS ANGELES C4UN1Y o My Commissionb� MAY 11, 2024' AMG & Associates, Inc. Page A-3 LTRAVELERS1' Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company 1191TAAZ07a-A■to] C1� I- it KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mary Smith of PASADENA , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. <+VW au0.ETYc �p tr Apv WjRrt 3 � v • HAHTF^ORD, '`� HARTFOflD. State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. 4N0 IN WITNESS WHEREOF, I hereunto set my hand and official seal. * P.4 -� RI-*4�► A R My Commission expires the 30th day of June, 2026 =* wI 4 PUW,10 `` Anna P. Nowik, Notary Public ^ ��..� This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of January , 2024 *�tIfA*a ice+ E .3'�r55g op m f'•� *i �. 9iFGfiO,l'e- s lIMiFOF'ID, � BEY t COIN. W CONk, o iS�t * 1r r "� �Syt .,. ;y9 •i�t • Pia btk Kevin E. Hughes, Ass tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power ofAttorney is attached. No. 6516 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Travelers Casualty and Surety Company of America of Hartford, Connecticut, organized under the laws of Connecticut, subject to its Articles oflncorporation or otherfundamental undamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the I'r day of July, 1997, I have hereunto set my hand and caused my official seal to be affixed this 10 day of June, 1997. Fee: $ 92.00 Chuck Quackenbush Rec. No. Insurance Commissioner Filed: 5/28/97 By Victoria S. Sidbury Deputy Certification 1, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on file in my office, and that the same is a f ll, true, and correct transcript thereof, and of the whole ofsaid duplicate, and said Certificate ofAuthority is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and caused my official seal to be affixed this 29`" day of September, 2020. Ricardo Lara Insurance Commissioner By Magnolia utierrez Premium written contract term subject to adjustment based upon final contract price `First $500,000 $9.10 Next $2,000,000 $7.20 Next $2,500,000 $6.30 Next $2,500,000 $5.50 Over $7,500,000 $5.15 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107958676 FAITHFUL PERFORMANCE BOND Executed in Duplicate (2) originals The premium charges on this Bond is $ 108,025.00 , being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to AMG & Associates, INC. hereinafter designated as the "Principal," a contract for, the work necessary for the completion of this contract consists of selective site and building demolition as noted on the Demolition Plan; includes the existing courtyard wall that parallels Avocado Avenue, a portion of the library building pedestrian arcade, the courtyard paving and landscaping, the pedestrian access bridge from Avocado Avenue and a portion of the existing sidewalks and parking lot; the work includes all site and building construction as indicated in the Contract Documents; the work includes new utility systems, site paving, curbs, ramps, pavement markings, parking, signage, fences and gates, site lighting and other site features to extent indicated in the Contract Drawings; the work includes the construction of a new single story 9,814 SF library lecture hall building and associated site work; the Building is to be Type VB Fully-Sprinklered Construction; additionally, the work includes the construction of a trash enclosure, site walls and security gates, 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 Travelers Casualty and Surety Company of America , 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 Nineteen Million Sixty Eight Thousand Dollars ($19,068,000.00) 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. AMG & Associates, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23rd day of January ,20 24 AMG & Associates, Inc. l�} Name of Contractor (Principal) Aut orized i re/Title Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive, Diamond Bar, CA 91765 Address of Surety (909)612-3270 Jeni Ehlers Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I /Zr,fZK M rn C. Harp Attorney va444s� Authorized AoAnt Signature MARY SMITH, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED AMG & Associates, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of "e1-r� }SS. On K-r 2,Li , 20 before me, 1—>A Notary Public, personally appeared At-y3evn M - 6,1ACc-eo-(A Zz I who proved to me on the basis of satisfactory evidence to be the personwwhose name(.$) islam subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(4Tsj, and that by his/her/their signatures(s) on the instrument the person(.z,f, 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. LVA WITNESS my hand and official seal. amy Notary PubluS� California Z Los Angeles County T n,,:Commission # 2390953 (X�//G Comm. Expires Jan 16, 2026 r r+r�r wr Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles }Ss. On •lanuary 23 20 24 before me, Fmi y PrPriadn , Notary Public, personally appeared Mary Smith 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. ignature E EMILY PRECIADO COMMISSION .#2328011 Notary Public - California ic = LOS ANGELES COUNTY v My Commission E) MAY 11, 2024 AMG & Associates, Inc. Page B-3 LTRAVELERST Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Z9]T11TIAZG73ai11111Ice] :7Z1 1 KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mary Smith of PASADENA , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. pp.� t 1 wfl 'l bJy,�tY ApC L g`HAI a HAATfOi�,'' C4 �I�RA Q i COlMI. State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. NO NOTARY IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY � � My Commission expires the 30th day of June, 2026 A L� aua�ic Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of January , 2024 r a0., arF� - Kevin E. Hughes, AssMtant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. No. 6516 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Travelers Casualty and Surety Company of America of Hartford, Connecticut, organized under the laws of Connecticut, subject to its Articles oflncorporation or other fundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the I' day of July, 1997, I have hereunto set my hand and caused my official seal to be ajfared this 10 day of June, 1997. Fee: $ 92.00 Chuck Quackenbush Rec. No. Insurance Commissioner Filed: 5/28/97 By Victoria S. Sidbury Deputy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on f le in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate ofAuthority is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and caused my official seal to be affixed this 29" day of September, 2020. Ricardo Lara Insurance Commissioner By Magnolia �Utierrez EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an AMG & Associates, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing AMG & Associates, Inc. Page C-2 insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. AMG & Associates, Inc. Page C-3 B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have AMG & Associates, Inc. Page C-4 the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. AMG & Associates, Inc. Page C-5