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C-3888(B) - Oasis Senior Center Rebuild Project -Amendment No. One
C � �P \</ FO RN/ March 9, 2012 Mr. Joel Stensby KPRS Construction Services 2850 Saturn Street Avenue Brea, CA 92821 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani 1. Brown, MMC Subject: Oasis Senior Center Rebuild - C -3888 Dear Mr. Stensby: The Faithful Performance and Labor and Materials Bonds are being released since the work has been completed. The Surety for the contract is Safeco Insurance Company of America, and the bond numbers are 6492220. Enclosed are the Faithful Performance and Labor and Materials Bonds. Sincerel , Leilani I. Brown, MMC City Clerk encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD Executed in Four Counterparts Premium Included in Performance Bond • mL' . BOND NO. 6492220 J--AMOR AND MATERIALS PAYM9NT BAND WHEREAS, the City Counc'I of the City of Newport Beach, State of California, try notion adopted, has awarded to KPR6 Construction Services, Inc., herelneller dsaignatad as the " Prndpal,' a contract for construction of OASIS SENIOR CENTER REBUILD, Contract No, 3888 in the City of Newport Beech, In strict conformity with the plans, drawings, specifications and other Contract Documents In the office of the Public Works Oepsrtmsnt of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3888 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shell fell to pay for any materials, provislons, 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 underalgned Prindpal, and, Safeco Insurance Company of America duly autharzed to transact business under the laws of Ole State of Cel'dornia, as Surety, (referred to herein as 'Surety) are held firmly bound unto the City of Newport Beach. In the sum of Eleven Million, Forty-Seven Thousand and 001100 ($11,047,000.00) lawful money of the United States of Ame-ica. said sum being equal to 100% of star estimated amount payable by the City of Newport Beads under the terns of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs. executora 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 subcontraclnrv, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about he performance of the work contracted to be done, or.for arty 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 lot 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 Unemrloyrnenl Insurance Code with respect to such work and labor. III the Surety will pay for the same, in an amount not exceeding the sum apectrted In this Bond, and also. In case suit is brought to enforce Ote obligatiom of this Bond, a reasonable attorneys lee, to be fixed by the Court as required by rite provisions of Section 3250 of the Civil Codo of the Slate of California. 27 The Bond shell Inure to the benefit of any and all persona, companies, and corporations enlitled to file claims unda: Section 3181 of the California Civil Code so as to give a right of achion to them or their assigns In any suit brought upon this Bond, as required ty and in accordance with Me provisions of Secrone 3247 of seq. of the CM Cade of the Slate of Caltfomis. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or addtlions to the terms at the Contract or to the work to be Wormed thereunder or the specifications accompanying ro same shall in any arse affect Its obligations on this Bond, and it does hereby waive notice of any such change, extansion of time, alterations or additions to 'he terns of the Contract or to the work or to the specifications, In the even: that any principal above narned executed this Bond as an indivxluat, It :a agreed !hat the death of any such principal shall no: exonerate the Surety from its obligatons urxiet this Bond. IN WITNESS WHEREOF, this Instrument has been exacted by the above named Rtncipal and Surety, on the 25th dsyof Februa 2009. KPRS Consumetlon Services, Inc. (Pr 1pai) AuthGr6sd Signs uro Safeco Insurance Company of America Name of Surely 120 Vantis Aliso Viejo, CA 92556 Address of surety (949) 860 -6605 Telephone Jeri Apodaca. Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTSOFCOTRACTOR ANDSURE YMusTaE ATTACHED 28 t�J ACKNOWLEDGMEMT D .a. vv.r•vooe.1.4..v vpavcvc c v.vv............ v v vv v v. v v vcvv. v v.. v v. o v v vv vry •vr.ar State of California County of Orange ) sa, On Febnlary 25. 2009 before me, Rhonda C. Abel, Notary Public, personally appeared Jed ADOdaca proved to me an the baSI2 of saftlaclary evidence to be the person(s) whose nome(s) Were subscribed to the within Instrument and acknowledged to me that helshehhey executed the same ;n hialharttheir sufharimd capacity(ies), and that by hIs/hedtheir signatures(s) an the instrument the person(s), or the entity upon behalf of which dre peraon(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caldomis that the foregoing paragraph is true and correct. WITNESS my Moroi and of cia: seal. 0 RCo 0 C. ABEL COMM. F 13979ea Not0 PUBiIC-CAUFORMA0 CX.t4,•�f g ORAre(;ECOUNiY COMM. IXP, ...— 9.:ee9 - Signature f�l v....... vv... v v v v v a v v o... v vvvo.v v v v.vvvv.... vvv..... v o v c coops v.. r. v. v..vry OPTIONAL JNFOKM r70N Date w. Druument Type or Title of Document NrlmhPr of Pages in Document Document In a Foreign Language Type of Satisfactory Evidones: Pitmonelly Know. with Paper Identification —Paper Idenlifieadon Credibla W:tnass(es) Capacity of Signer: Trustee M Power o: Attorney CEO I CFO Icoo _ President / Ycei'residenl / Satsslary I Treacurer _ Other: Dlher InforMalion- 19 Thumbprint at Signor 0 Cno><:,e�en � lnwnOpMl pr mngorpAnl '® avel1a01e. 101 ACKNOWLEDGMENT .... e• Ba........ a...... a. ....a .......................... 4.... a.......... aa..... State of CaBf ' County of as. On q before me, d0 Notary Public, personally apps red Abek J u who proved Z me an the besl6 of satisfactory evidence to be the pers ) whose namW Were subscribed N the within Instrument aid acknowledged to me that e/#"ey executed the same In his/her /their authorized capscltye)A), and that by hls/Wr/flleif slgnsturer.{k) on the Instrument the person, or the entity upon bahalt of which the parsorg acted, executed the instrumenL I cer0ty under PENALTY OF PERJURY under the laws of the state of Ce» fornla that the foregoing paragraph is true and correct. WITNESS my hand and official Seal. BRIE EUTlfBfTH VILIPAOV05 IDneriture 1712 9 1 otary Pubiunnlo Orongo County tAV Comm. E;V!rW f eb 9.2011 (Beal) .................... a . . . Ba.... ...............aB..a........... a... a... a o...... OPTIONAL INFORMATION Data or Document Type or Title of Document Vumber of Pages in Document Document i1 a Foreign Lenguogo Type at Satisfactory Evidence: _ Poreonelly Known with Paper identification Paper ldenlif<20on _ Credible W Itneseles ) Capadly of Signev: _ Trusloe Power of Attorney CEO / CFO /COO President I Vioa•Prea(dent I Secretary I Treasurer Ocher, OtherIrtd.an 30 Thumbprint of Signer Q rnoa rams rm awmr4Dtlrt W rev)epnn �J CITY OF NEWPORTBEAC1{ PUBLIC WORKS DEPARTMENT .; CONTRACT NO. 3888 BOND NO. 6492220 L] �i Executed in Four Counterparts Premium $79,759.00 The premium charges on this Bond is $ /d. /by- uu being at the rate of $ 12.65/m first $500 000.: • thm mnd of ft Contract price. 58.80/m next $2,000,000. 57.15/m next $2,500 000.; $6.601m next $2,500,000.; $6.05 /m over $7,500,000. WHEREAS, the Uty Council of the City of Nawpolt Beach, State of California, by motion adopted, awarded to KPRS Consmictlon Services, Inc., hereinafter designated as the 'Principal', a contract for construction of OASIS SENIOR CENTER REBUILD, Contract No. 5888 In the City of Newport Beach, in strict conformity with the plane, drawings, specificat ons, and other Contract DOwments maintained In the Public Works Department of the City of Newport Beach, all of wNch ere incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute Contract No, 3888 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Princips!, and Saleco Insurance Company of America duly authorized to transact business under the laws or the State of California as Surety ( herelnafter 'SuraV), are held and firmly bound unto the City of Newport Beech, in the sum of Eleven Million, FortySaven Thousand and 0011 D0 ($11,047,000.00) lawful money of the United Sates of America, said sum being equal in 100"x, 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 hilts, executors and administrators, successors, or as61g114. joln!iy and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Pnncipai's heirs, executors, adm'nlstralors, successors, or assigns, fall to abide by, and troll and truly keep and perform any or all the worn, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on Its part. to be ke ;t and performed of the time and in the manner therein specified, and In all respects according to Its true intent and meaning, or falls to indemnity, defend, and save harmless the City of Newport Basch. its officers. employees and agents, as ilherein stipurelad, then, Surety will faithfully perform the same, in an amoum not exceeding the sum specified in this Bond; otherwise this obligation shad become null and void. 31 L_ As a pert of the obligation secured hereby, and In addidon to the face amount specgod in this Performance Bond, there shall be included costs and reasonable expenses and fees. IncYUdrng reasonable attpmeys tees, Incurred by the City, only in the event the City is required to bring an action In law or equity against Surely to enforce the obllgatlone of this Bond. Surety, for value recelvad, sllputat®s and agrees that no change, extension of time, alto allons or additions to the farms of tha Contract or to the Mork to be performed tttereunder or to the specifications accompanying the same shall In any way etfact ft obligations on this Bond, and is 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 Fallftl Performance Bond shall be extended End maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. in the event that the Principal executed this bond as en Individuet, It is agreed ftt the death of any such Principal shell not exonerate the Surety from its oblIgalions under this Bond. IN WITNESS WHEREOF, this Instrument has been Surety above named, on line 25th day of February XPRS Construction 5 prV16a3 In (Principal) Safeco Insurance Company of America Name of Surety 120 Vantis Aliso Viejo, CA 92656 Address of Surely (949) 860 -6605 Telephone executed by :he Principal and Jeri Apodaca, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF C NTRACTOR AND SURETY mus r BE ATTACHED 32 t�- ACKNOWLEDGMENT El ............. son. as... 6699...66.6...60. 699...... o 94.06. e... a 99. 966.. e.. 0 o.. 96.. Stale of California COLnty of Orange lea, On February 25, 2009 before me, Rhonda C. Abel Notary Public, personally eppeared Jeri Aoodaea proved to me or. the basis of satisfactory evidence to be the parson(s) whose name(s) Were subscribed to the withfn trt lrunent end scxnowledged to me that helshelthey executed the same In hislherAhelr suthort[ed capacity(les), and that by hWher /thelr signatures(s) on the instrument the peraWit), or the entity upon behalf of which the person(s) acted, executed the irsrrumant. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foro9oing paragraph Is tr,ls and correct. WITNESS my nand and official seal. U RO:DA tss�yg $ OIARYGCAtrrORNiA� //��/ �(/ /� ORACOUMY n l — r SAY o ; COMM AUC. 9. Ax19 " S!gnatura �`�` 1 local ......................... ouo....aeeouo ......... .........91069.....06.66.9.96.6. OPTIONAL TNFORM 77ON Date of Document Type or Title ot Document Number of Pages in Document Document to a Foreign Lengune Typo of Sa:lsfactory Evidence: Personally Known with Paper Idant'fication — PaperldentlficDe.on _Credble Witness(es) Capacity of Signer. Trumao X Power of Attcrney _ CEO I CFO / COO _ Prosident I Vic Preslclom I Secretary I Treasurer Osier. Olherinfo,maEon, 33 Thumbprint of Signer [] crnar hue a no th.r1bom of bveroft b avanomm ACKN9'WLEDOMENT .gggaaq ...............e.e.. e e q q.... q.440q eta... v. v q qq o q. .. D. -....q I C... e e e, State of Ce5}Ortl County a` i )�arCl (L� l ea. LOU Notary proved to me on the boals of satisfactory evidence to be tiro person whose name(9) is /pt subscribed to the within )natrumant and acknowledged to me tltet ale0bltlytly executed the some in hislfj 00tir authoil7ad capaci!y(i), and that by hie YlVir aignaturegfs) on the :nstrumert the person, or the entity upon Dehalf of which the personA acted, executed the nstrument I certify under PENALTY OF PERJURY under the laws of the Slate of California Met tole foregoing paragraph Is true and correct WITNESS my hand and offlcla! seal. BRIE EtIiA- -N VII I- - - - ;1 Commtaslon o 1723361 �it .;� o . - Notary Public - California �'r" orange County � NNCV7ME*bWM3.2011 Signature u taONt ...................... q . . . . . . . . . a . . . . . . . . . . .......................... a......, oPricxAL imrt;P &roN Dale of Document Type or Tse of Document Number of Peggy in Document Document In c Forelon Language Type at Satisfactory Evidanaa: Personalty Knawn with Paper Identification Paper Identtlicatlon `Credible Witnesses) Capacity of Signer. Trustee —� POwer of Altornsy CEO I CFO / coo Praa:dent / Vice- Presldent / Secretary l Treasurer Other: Other tnformatton: 34 Thumbprint of Signer ❑ a.ers hire it M fr �bpifnl or enagyra Isavallalble, r� Safeco Inseiance Comoany ul Amer" Gemrdl Insyrance Company of Amunca POWER trot a;h Avdndo a OF ATTORNEY Sdalllo. NA 9E'St 5nt o KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint — *RHONDA C. ABEL: JERI APODACA: LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLAMYERS; MIKE PARIZINO; RACHELLE RHEAULT: JAMES A. SCHALLER; Irvine, California"O' " ............................. Its true and Lawful atlomey(s) -in -fact. with full authority to execute on its behalf fidelity and surely bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th January 2009 day of Dexter R. Leas. Secretary Timothy A. Mikolalowskl, Vice President CERTIFICATE Exlracl from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13.. FIDELITY AND SURETY BONDS the President. any Vim President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge o( surely cMations. Shall each have authority to appoint mdivduats as allomeys -in- fact or under other appropriate trues with authority to execute on behalf of the Company fidelity and surely bonds and other documents of similar character issued by the Company in the course of its business... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile On any instrument Conferring Such authority or on any bond or urderlaking of the Company, the seal, or a facsimile Ihefebf, may he impressed w affixed a in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolulion of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2e. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company selling out, (0 The provisions of Miele V. Section 13 of the By -Laws. and A Copy of the power -of- attorney appointment, executed pursuant thereto. and iii) Certifying that said power- of-altorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Oexter R. Legg . Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney Issued 0uisuanl thereto. aii; aiM and correct. and Thal both the By -Laws, mu Resolution and the Power of Attorney are slip in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixod the facsimile seal of said corporation SEAL this 0252009 day of �X-* a.ky? Dexter R. Legg. Secretary Salncrsi are iec Saleoo logo are -e.. Irate edmmaiks of $duce CtrpnrbLoa S.0974rUS III* WED PDF UNCONDITIONAIL WAIVER AND RELEASE CALIFORNIA CIVIL CODE SECTION 3262 (d)(4) The undersigned has been paid in full for all labor, services, equipment or material furnished to P.E.C. Inc. on the job of City Of Newport Beach located at Oasis Senior Center Rebuild 800 Marguerite Ave Newport Beach CA 92625 and does hereby waive and release any right to a mechanic's Lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of 0.0. Dated: January 20, 2011 :A NOTICE TO PERSONS SIGNING THIS WAIVER : THIS DOCUM WAIVES RIGHTS UNCONDITIIONALLY AND STATES THAT HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT,E IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, A CONDITIONAL RELEASE FORM. NOTE: CIVIL CODE 3262(d)(4) PROVIDES: Where The Claimant is required to execute a wavier and release in exchange for, or in order to induce payment of, a fmal payment and the claimant asserts in the waiver it has, in fact, been paid the final payment, the waiver and release shall follow .mbstantially the faun set forth above. Release of Stogy Notice TO: City of Newport Beach (Party with whom Stop Notice was filed) P.O. Box 1768, Newport Beach, CA 92658 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 12/1/10 , in the amount of $_185,808.40_ against the City of Newport Beach and KPRS Construction Services contractor in connection with the work of improvement known as _Oasis Senior Center Rebuild.. in the City of Newport Beach County of Los Angeles, State of California. Date: 1/20/11 Name of Claimant: _CrraybarXlecyl�, Co., Inc. Financial Manager (Official Title) VERIFICATION I, the undersigned, state: I am the Financial Manager_of the ( "Agent ot" "President of," "Owner of � claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _January 20th , _2011_ at _Industry or Authorized Agent) STOP NOTICE RECEIVED CALIFORNIA CIVIL CODE SECTION 31 ft bEC -3 AM 11: 3.9 NOTICE TO: City of Newport Beach OFFICE OF Po Box 1768 Newport Beach CA 92658 THE CITY CLERK BEACH Os r�:E1;�PORT PRIME CONTRACTOR: KPRS Construction Services Inc. CITY SUB - CONTRACTOR: P.E.C. Inc. OWNER OR PUBLIC BODY: City of Newport Beach IMPROVEMENT KNOWN AS: Oasis Senior Center Rebuild, 800 Marguerte Ave. Newport Beach, CA 92625 In the City of Newport Beach, County of Los Angeles, Graybar Electric Co., Inc., Claimant, a Corporation furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is P.E.C. Inc.. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Fixtures and miscellaneous electrical material. Total value of labor, service, equipment, or materials agreed to be furnished $ 443,470.59 Total value of labor, service, equipment, or materials actually furnished is $ 443,470.59 Credit for materials returned, if any $ 0 Amount paid on account, if. any $ 257,662.19 Amount due after deducting all just credits and offsets $185,808.40 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $185,808.40 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A Bond (Civil Code Section 3083) No attached. Date: 12/1/10 v b Date_ Copi ®e Sent rx City Count.1 ® City Mana?or City Attc. ',y File Name of Claimant: Verification Graybar Electric Co., Inc. 383 So CherypLan City of Inc} s , f[�A / i I, the undersigned, state: I am the Financial Manager of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 12/1/10, at City of Industry, State of California.. / / J Notice to Surety AS PROVIDED FOR IN SECTIONS '3240 AND 3241 OF THE CALIFORNIA CIVIL CODE Bond #: 649220 To: Safeco Insurance Co. of America Safeco Plaza 1001 4th Ave. Suite 1700 Seattle, WA 98154 The undersigned is advised that you are the Surety who has written a bond under Section 3235 of the Civil Code on behalf of ICPRS Construction Services Inc., contractor on that certain work of improvement located at Gasis Senior Center Rebuild, 800 Margaerte Ave. Newport Beach, CA 92625, of which City of Newport Beach, Po Box 1768 Newport Beach, CA 92658, is/are the reputed owner(s). Please take notice that the undersigned has furnished labor, services, equipment, or materials described as: Light Fixtures and Misc. Electrical Material to P.E.C. Inc. for use in the work of improvement referred to in said bond; that the amount and value of that already fumished is 443,470.59 and the whole agreed to be fiunished by the undersigned is 443,47059; that credits by cash and otherwise have been applied against said account to the extent of 0; and that the balance due, or that will be due, upon completion of said deliveries of labor, services, equipment or materials contracted to be delivered is 185,808.40 aside from extra or addidonal orders that may hereafter be requested by contractor. Date: 12/1/10 Name of Claimant: Graybar Electric Co., Inc. 383 So Cheryl Lane, City of Industry, C 91'tS' By:_ Jennifer 1 -4902 dtw -5 -Ml 14:19 FFMM;TRICWNIY SANDBLFSTI 714 5394550 TO: 19493619018 Reflft5o of stop Notee TO: GTI Y OF NPWPORT BAH _ _ - __-- ftly with wham 6" NWoc weo M4 You are hereby notified that the undersigued ola Notioo dated .11/1212Q10 , in the 3,266.13 _ . aphid tho Cr Y OF N Public body and ICPRSI IM.A CONMUCTIOIQ,,,,, in corwoodoo with the work of improvement wwn as, in the City of l9BWPORT WACHi _ Q1tANGE State of Cali MWA. Wome of claimant: ..- .o�17'aoB 1„♦ladow� Sec. / Vli$MCATWX I, the pui&reigned, state; I ant the elaimant mmmed in the foregoing Release; I have read aid Retc know the eontow thereof, and I certify that the same is tine of I calIfy (or declare) under peoalty of p dwj under the California that the fomping is tr4o and cormot. P,xeaated oa �12fdg12010 _ , , at.� 'eaten , - . : n , n . MACH as owmor or _ as Prime ooatzueor SEMOR County of Inc. _dM honer on ?Stop Idolise and wp Imawk�dge. Ofhe'State bf Return Signed Original To: KIRRA CONSTRUCTION, INC. ' UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Civil Code 3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to: KIRRA CONSTRUCTION_ INC on the job of: City of Newport Beach located at: Oasis Senior Ctr Rebuild Pro.j 141 800 Marguerite Ave Corona Del Mar, CA 92625 and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of S ZERO, Dated: 12/0112010 Tri- County Sandblasting, Inc. AzI By:�� Title: NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. If YOU HAVE NOT BEEN PAID, USE CONDITIONAL RELEASE FORM. Note: This form complies with the requirements of Civil Code Section 3262(d)(4), Legal Noticetp Wltht.old Construction Funds PubljcdorRriv!;e Woo Per California Civil Code Section 3103 To: - .i, r.'_'' �Er, .,r� Project: CITY OF NEWPORT BEACH OASIS SENIOR CENTER Name of Owner, Public Body oronsVuction Fund Holder 592 SUPERIOR AVE. Address (If directed to a bank or S &L Assn., Use address of fund- holding branch) NEWPORT BEACH, CA. 92663 -3627 City, State, Zip Code Take Notice That: TRI- COUNTY SANDBLASTING,INC. 800 MARGUERITE AVE. C � ll Date CoriPs Sent T City Council :.j•.. . City Manager City AttomeY Name Address NEWPORT BEACH, CA. 92625 City, State, Zip Code (Name of Person or Firm claiming the stop notice. Licensed contractors must use the same name under which contractor's license is issued) Whose Address is: 6402 MAPLE AVE. -P.O. BOX 490 'WESTMINSTER, CA. 92683 (Address of person, or firm claiming Stop Notice) Has performed labor and famished materials for a work of improvement described as follows: OASIS SENIOR CENTER - 592 SUPERIOR AVE. - NEWPORT BEACH, CA (Name and location of the project where the work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: SANDBLASTING OF WALLS (General description of labor, service equipment or materials agreed to be furnished) The labor and materials were furnished to /for the following party: KIRRA CONSTRUCTION - 228 AVENIDA FABRICANTE - SAN CLEMENTE, CA. (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished:. $ 3266.13 The value of the labor and materials furnished to date: Claimant has been paid the sum of: ............. Due, owing and unpaid is the sum of. - ........ $ 3266.13 ...................- $ 3266.13 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands Verification Firm Name: TRI - COUNTY SANDBLASTING, INC. (Name of stop notice claimant) I, the undersigned, say: i am the PRESIDENT By' ///.4L4 OwneFor agenfof stop notice claimant mus sign here and verify below the claimant named in the (President of /A Partner of /owner of/Agent of, etc....) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on NOVEMBER 12 , 2010 At: WESTMINSTER, , California (Date this document was signed., (Name of city where Stop Notice signed) are Request for notice of election Private Works Only- Per California Civil Code Section 3159, 3161 or 3162 If an election is made not to withhold funds pusuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Claimant must enclose self - addresed stamped envelope RELEASE OF STOP NOTICE To: CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA 92658 RE: ANDRE LANDSCAPE SERVICE INC 521 N VIRGINIA AZUSA CA 91702 -1333 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated in the amount of $11,145.63 against CITY OF NEWPORT BEACH as owner or public entity and against KPRS CONSTRUCTION as prime contractor in connection with the work of improvement known as "OASIS SENIOR CENTER REBUILD" 800 MARGUERITE AVE NEWPORT BEACH CA JOB #0036 Date: Name of Claimant: November 10, 2010 BY: October 5, 2010 CREDIT ANALYST [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the CREDIT ANALYST of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 10, 2010 __at /PETALUMA, CALIFORNIA LAURIE POLLARD, CREDIT ANALYST Forms by Caprenos Inc. iIS 15 NOT A LIEN. THIS NOTICE IS GIVEN JRSUANT TO SECTIONS 3097 AND 3098, 4LIFORNIA CIVIL CODE. THIS IS NOT REFLECTION ON THE INTEGRITY SF' 4Y CONTRACTOR OR SUBCONTRACTOR: 6324871 7196 OWNER or Reputed Omar (an private work) 02 or PUBLIC AGENCY (on public vmrk) CITY OF NEWPORT BEACH 592 SUPERIORAVE NEWPORT BEACH CA 92658 CONSTRUCTION LENDER or 01 Reputed Construction Lender, If any. 14ONMOND 96492201BOND CO: SAFECO INSURANCE CO OF AMERICA SAFECO PLAZA SEATTLE WA98185 ORIGINAL CONTRACTOR or 03 Reputed Contractor, If any. 714 - 672-0800 KPRS CONSTRUCTION SERVICES INC 2850 SATURN ST BREA CA 92521 SUB CONTRACTOR Jperson or Orm vfio conVacted tar the purchase of such labor, savIces, equipment or materals Is: 626 - 339 -8003 ANDRE LANDSCAPE SERVICE INC 521 N VIRGINIA AZUSA CA 91702 -1333 BY: LIMP wIPYY Agent Dated: 0728/2010 (51ganers) Rine) G R I II PRELIMINARY NOTICE I�I 9004 E236 3248 7024 G30760 YOU ARE HEREBY NOTIFIED THAT..�ARE HEREBY NOTIFIED THAT... JOHN DEERE LANDSCAPES 8141 1425 N MCDOWELL BLVD SUITE 125 PETALUMA CA 94954 PREIM jOHIJDEERELANDSCAPES.COM has yuMShed or will furnish ebor, services, equipment or matedala aHhe falbwm9 general deacdpllan: 711909 -0036 LANDSCAPE & IRRIGATION MATERIALS for the balding, Structure of other vmrk of improvement located a0 'OASIS SENIOR CENTER REBUILD' 800 MARGUERITE AVE NEWPORT BEACH CA JOB 4'0036 An eslMat, of the total price of the labor, services, equipment or materials furnished or to be fumished Is: 340,000.00 Trust Funds to whlch Supplemental Fringe Somalia ere poryable: NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S UEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH p SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF 13WELUNGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS' MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20 -DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST -CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I, Circles Wood, declare that I served coples of the above PRELIMINARY 20 -DAY NOTICE (PRIVATE WORWPUSUC WORK) by First Class Certified or Regetered Mail service, Forelegs prepaid, addressed to each of the parties at Ne addresses shown above on 07282010, I declare under pepnafy of pequry under the laws of me State of Callforn a that the roregoing Is We and caned BY: l 1�da (A)/YYY CNdee Wood, Agent Executed at SAN DIEGO, California on 072812010. The form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Sale 200, San Diego CA 92123 (800) 854-210, FAX (855) 560.7626 CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CI l0W (U N 3103, 3181- 3187 .i - - - - - - - - - - - - - ; - --------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA 92658 CLAIMANT COMPANY JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 7010 OCT 2 5 ail I 1 MTIS SENIOR CENTER REBUILD" 800 MARGUERITE AVE NEWPORT BEACH CA 3g$ - JOB #0036 e has furnished, or agreed to furnish, the following labor, services, equipment or materials: LANDSCAPE & IRRIGATION MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. ANDRE LANDSCAPE SERVICE INC I THE PRIME CONTRACTOR 521 N VIRGINIA AZUSA CA 91702 -1333 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ . 11,145.63 Value furnished to date ------------------------------------------- 11,145.63 Refunds or credits given ___________ _______________________________ 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 11,145.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 11,145.63 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] BY: V E R I F I C A T I O N I, the undersigned say: I am the CREDIT ANALYST of the claimant ['Owner o , 'President of, 'Agent of, ETC ] named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. v] Ly rviauaynr City Attomey it 7_ CONSTRUCTION FUNDS STOP NOTICE - - - - - - - - - - -- CALIFORNIA CI * � OD� N 3103, 3181 - 3187 `�r_.= --------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA 92658 CLAIMANT COMPANY JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 7-010 OCT 25 4AM 11" Pff IS SENIOR CENTER REBUILD" 800 MARGUERITE AVE NEWPORT BEACH CA 3gg JOB #0036 CITY ( has furnished, or agreed to furnish, the following labor, services, equipment or materials: LANDSCAPE & IRRIGATION MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. ANDRE LANDSCAPE SERVICE INC I THE PRIME CONTRACTOR 521 N VIRGINIA AZUSA CA 91702 -1333 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ - 11,145.63 Value furnished to date ____________ __________________ _____________ 11,145.63 Refunds or credits given ___________ ___________________________ ____ 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 11,145.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 11,145.63 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant) 93 V E R I F I C A T I O N I, the undersigned say: I am the of the claimant named in the foregoing Stop Notice; I have read said Slop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of pedury under the laws of the State of California that the foregoing is true and correct. Executed on REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND .NOTICE of such election and a copy of the bond within 30 days of suchelection in the enclosed preaddressed stamped envelope. This information must be provided by you und6t Civil Code Sections 3159, 3161, 3162: Signed: - - - Forms by Caprenos Inc. yb, ROCK • SAND • BASE MATERIALS READY MIX CONCRETE UNCONDITIONAL WAIVER AND The undersigned has been pa equipment or material furnished on the job of: CITY OF NEWPORT located at: 800 MARGUERITE AVE NEWPORT BEACH RELEASE UPON FINAL PAYMENT Ld in full for all labor, services to: KIRRA CONSTRUCTION BEACH TR #OASIS SENIOR CTR LOT #REBUILD and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ .00. Dated: 01/26/2011 ROBERTSON'S J.C.N.#: 090210 i c redit Department State of California County of Riverside ' �.. On ore me, �\ NOTARY PUBLIC, PERSONA APPEARED `. who proved to me on th oasis of satisfactory evidence to be the person whose name is sci3ped to the within instrument and acknowledged to me that he/ execute .$he same in his /her authorized capacity, and that 'by h` /her signat'ute''on the instrument the .person. or the entity upon b alf of which the per`s'on acted, executed the instrument�� I t' cer y under penalty of perjuri- 'under the laws of the State xsf Cali - fo nia that the foregoing paragraph �--t`ue and correct. ` my hand and official seal. 200 S. Main St., Ste. 200 ^ Corona, CA 92882 P.O. Box 3600 ^ Corona, CA 92878 -3600 (951) 685 -2200 • (800) 834 -7557 o Fax (951) 493 -6426 7010 OCT 19 AM 11: 520CREADYMIX ONCR ERIALS CITY O EACH 10/14/10 CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA To All Concerned Parties: Vv Of -1I ?0 This is to advise you that we have not been paid for materials supplied to: Contractor: KIRRA CONSTRUCTION Job Address: 800 MARGUERITE AVE NEWPORT BEACH TRACT #:OASIS SENOIR CTR LOT #:REBUILD We must have the outstanding balance of $ 22,776.52 on or before 11/15 /10. If the payment has not been received we will be forced to file a stop notice against this project. Sincerely, DO Credit Department CC: KIRRA CONSTRUCTION JCN: 090210 200 S. Main St., Ste. 200 o Corona, CA 92882 P.O. Box 3600 ^ Corona, CA 92878 -3600 (951) 685 -2200 ^ (800) 834 -7557 ^ Fax (951) 493 -6426 �'Dcw�e C�, /1 -Ly-i02A o RELEASE OF STOP NOTICE 1011 JAN 31 AM 7: 22 TO: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK nr. �, E�� 592 SUPERIOR AVE NEWPO T �y `BAC�F AT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 11/23/10 in the amount of 22,357.57 against CITY OF NEWPORT BEACH as owner or public body and KPRS CONSTRUCTION SERV as prime contractor in connection with the work of improvement known as 800 MARGUERITE AVE in the City of NEWPORT BEACH County of ORANGE Cn State of California. Date 01/23/12 ti Name of Claimant Robertson's Date Copies Sent To: By City Co !ncil Authors d Agent City U!anger _V City Attorney VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 01/23/12 , at Corona, California. gnature o or Authorized RECEIVED RELEASE OF STOP NOTICE 2011 FEB ' 3 PH 2. 52 a1'EICE OF TO: CITY OF NEWPORT BEACH THE CITY CLERK C" OF NOA'PORT BEA(,tii 592 SUPERIOR AVE NEWPORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 11/23/10 in the amount of 22,357.57' against CITY OF NEWPORT BEACH as owner or public body and KPRS CONSTRUCTION SERV as prime contractor in connection with the work of improvement known as 800 MARGUERITE AVE 0 GSl S Sew I wz— CmTPsC in the City of NEWPORT BEACH County of ORANGE State of California. Date 01/27/11 Name of Claiimaannt� IRoberrtt�son' s By Authorized Agent VERIFICATION I, the undersigned, state.: I am the.Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents'thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 01/27/11 , at Corona, California. Date Copies Sent To: City Council (Vi,ggnature of Claimant or City Manager iS�o��— ` , p'�Y � City Attorney F147 zed Agent "I" ASC(NC. A BlueScope Steel Company RELEASE_' %14T4� 1N117E - PUBLIC WORK Legal N tics to- Rele'as``�,,COnstruct ion Funds (CalifoQa: Civil 'Code Section 3083, 3186) TO OWNER CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 92658 FROM STOP NOTICE CLAIMANT AEP SPAN 2110 Enterprise Blvd WEST SACRAMENTO, CA 95691 ASC STEEL DECK ' AEP SPAN ASC BUILDING PRODUCTS (OERAL OR PRIME CONTRACTOR KPRS 2850 SATURN STREET BREA, CA 92821 CITY r., T5AMNDER, SURETY OR BONDING COMPANY N/A 92658 The undersigned hereby withdraws and releases the Stop Notice filed on 10/22/2010 with the following owner(s.) or reputed owner(s) : CITY OF NEWPORT BEACH, PO BOX 1768, NEWPORT BEACH, CA, 92658 for claims against INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The claimant has been paid the amount of $5,806.78 for labor, services, equipment, materials or for service charges performed or furnished for the performance or construction of the public work of improvement commonly known as the OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92625, in the County of ORANGE. The specific contract information is for Our Job /Invoice #OASIS. The undersigned also hereby releases from the above said public entity and its subdivisions and agents, any further duty under section 3186 of the civil code of the State of California to withhold money or bonds in response to the Stop Notice and waives any right of action against them that might accrue thereunder. Dated 10/27/2010 for AEP SPAN, 2110 Enterprise Blvd, WEST SACRAMENTO, CA 95691 Prepared by: E.Stell, L. D C uz, or J. Wheelock, Cre VERIFICATION I declare that I am authorized to file This release of Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at W. SACRAMENTO, California on 10/27/2010 for�.A�P SP}1N. Prepared L. aC'uz, or J. Wheelock, Credit Date f-;,-6 Copies Sent To: City Council City Manager Ity Attorney JJp� 4. ASC Profiles Inc. o A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800360.2477 o Fax: 253.896.8471 o arna.ascorofilesxom J!IASC PROFILES INC.. A BlueScope Steel Company ACKNOWLEDGEMENT BY NOTARY PUBLIC State of California) County of YOLO ) On 10/27/2010 before me, E. STELLpersonally appeared: JANICE WHEELOCK, ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS who proved to me on the basis of satisfactory evidence to be the person.je whose nameSs- ).is /arz subscribed to the attached instrument and acknowledged to me that he/she/they executed the same in .hi$ /her / heir authorized capacitysiee) , and that by .bis- /her /Q eir signaturesl on the instrument the person(s.) -, or their entity upon behalf for which the person(. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E. STELL 2 7 1 Signature (Seal) ASC Profiles Inc. o A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 o Fax: 253.896.8471 o ar(alascnrofiles.com . 1 RELEASE OF STOP NOTICE - PUBLIC WORK Legal Notice to Release Construction Funds (California Civil Code Section 3083, 3186) TO OWNER TO GENERAL OR PRIME CONTRACTOR CITY OF NEWPORT BEACH RPRS P.O. BOX 1768 2850 SATURN STREET NEWPORT BEACH, CA 92658 BREA, CA 92821 FROM STOP NOTICE CLAIMANT TO LENDER, SURETY OR BONDING COMPANY AEP SPAN SAFECO INSURANCE CO OF AMERICA 2110 Enterprise Blvd SAFECO PLAZA WEST SACRAMENTO, CA 95691 SEATTLE, WA 98185 The undersigned hereby withdraws and releases the Stop Notice filed on 11/08/2010 with the following.owner(s) or reputed owner(s): CITY OF NEWPORT BEACH, P.O. 'BOX 1768, NEWPORT BEACH, CA 92658 for claims' against INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The claimant has been paid the amount of $5,806.78 for labor, services, equipment, materials or for service charges performed or furnished for the performance or construction of the public work of improvement commonly known as the OASIS SENIOR CENTER REBUILD OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, NEWPORT BEACH, CA 92656, in the county of orange. The specific contract information is for Our Job /Invoice #OASIS SR CENTER. The undersigned also hereby releases from the above said public entity and its subdivisions and agents, any further duty under. section 3186 of the civil code of the State of California to withhold money or bonds in response'to the Stop Notice and waives any right of action against them that might accrue thereunder. Dated 11/08/2 10 for A SP,�N� 2110 Enterprise Blvd, WEST 'SACRAMENTO, CA 95,691 Prepared by: E.Stell, C. Campbell, —oA J. Wheelock VERIFICATION I declare that I am authorized to file This release of Stop Notice on behalf of the claimant. I have .read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing 's true and correct. Executed at 'W. SACRAMENTO, California o 1 @8/2 0 o AEP SPAN. Prepared by: I (WWI E.Stell, C. C p el r J. Wheelock - - ASC PROFILES INC. A BlueScope Steel Company ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS STOP NOTICE - PUBLIC WORKS PROJECTS /� �j (California Civil Code Sections 3103, 3181 -3187) 1, ��((}} �� TO THE PUBLIC AGENCY: CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH CA 92658 lD���Iv TO THE LENDER /gh'TY /BONDING COMPANY: N/A Copies Sent To: . , . 92658 City MManager ' 1 City Attomey TO THE ORIGINAL CONTRACTOR OR REPUTED ORIGINAL c6ONTRACT_22: KPRS ° Tte —i3 2850 SATURN STREET";',: -, �. ) BREA,CA 92821 G I�'ri �" iFI j TO THE CUSTOMER 0 BUYER:w f�l� INTEGRITY SHEET ME1%L — 319 MC ARTHUR WAY, STE 1 00 UPLAND,. 91786 PLEASE TAKE NOTZCF TNA.7' AFP SPAN has a claim in connection with the public work known as OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92625, in the County of ORANGE. The specific contract information is for Our Job /Invoice #OASIS. The claimant furnished the following kind of labor, services, equipment, materials or service charges: STEEL ROOF MATERIALS. - The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $9,000.00. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $9,401.95. That such claim has not been paid in full except that there has been paid against the balance due the sum of $3,595.17. The unpaid balance is now $5,806.78,including service charges or interest at the rate of 1.500% per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the: claim stated in such stop notice and to provide for the'reasonable cost of. any litigation thereunder. - ASC Profiles Inc. o A B1ueScope Steel Company 2110 Enterprise Boulevard, Vest Sacramento, CA 95691 Toll Free: 800.360.2477 o Fax: 253.896.8471 o arna,ascarofiles.com �ASASC STEEL DECK. 6PROFILES INC. AEPSPAN A BlueScope Steel Company ASC BUILDING PRODUCTS Dated 10/22/2010 for 3,aimant AEP SPAN, 2110 Enterprise Blvd, W. .SACRAMENTO, CA 95691 Prepared by: E.Stell, L. DaCruz, or J. Wheelock, Credit VERIFICATION I declare that I am authorized to file this Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge.. I d Clare under penalty of perjury that the foregoing is true and correct. Executed at, . SACRAMENTO, California -on 10/22/2010 for AEP SPAN. Prepared by: E.Stell, L. DaCruz, Vr J. Wheelock, Credit .AFFIDAVIT OF SERVICE BY MAIL I declare that I served a copy of the above document, and any related documents, by (as required by law) first - class, certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses listed above, on 10/22/2010. I declare under penalty of perjury that the foregoing is true and correct. '`Executed at W. SACRAMENTO, California on 10/22/2010. Signed by _ n `\ Print Name /Title \w ul?'l-11 ASC Profiles Inc. o A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 a Fax: 253.896.8471 o ar(a)Ascoroffies.com 4aASC PROFILES INC. A BlueSGope Steel Company ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS STOP NOTICE - PUBLIC WORKS PROJECTS (California Civil Code Sections 3103, 3181 - 3187) ✓� MARGUERITE AVE, CORONA DEL MAR, CA 92525, in the County of ORANGE. The specific contract information is for Our Job /Invoice #OASIS. The claimant furnished. the. fo llowing kind of labor, services, equipment, ,materials or service charges: STEEL ROOF MATERIALS. The name of the party to whom the material was furnished-or supplied, or for whom the labor was done or performed, is INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $9,000.00. That.the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $9,401.95. — That such claim hasnot . been paid in full except that there has been paid against the balance due the sum of $3,595.17. The unpaid balance .'is now $5, 806..78, including service charges or interest at the-rate of 1.504% per annum. WHEREFORE, the claimat prays that the public entity, upon receipt of this stop notice, withhold from the original contractor; or from any person acting under his authority, money due,dr to become due to,such contractor in an amount sufficient to answer the_, claim stated in. such stop notice and to prouide:for: the <teasonable cost of.�any litigation thereunder. ASC profiles luC. o A'BlueScope Steel Company -" .21.10 Enterprise Boulevard, Wo Sacramento, CA 95691 Toll Fiee: 800.360.2477 o Fax: 253.896.8471 o ar(alascnrofiles.com TO THE ORIGINAL CONTRACTOR OR TO THE PUBLIC AGENCY: REPUTED ORIGINALd5ONTRACTc2: CITY OF NEWPORT BEACH XPRS ° G? d o f PO BOX 1768 2850 SATURN STREET-' � NEWPORT BEACH CA 92658 BREA,CA 92821 TO THE LE1VDER 1t7ffffTY 1BONDING COMPANY: TO THE CUSTOMER (" BUYER:w +1-1 N/A Copies Sent To: INTEGRITY SHEET,METAL City Council 319 MC ARTHUR WAY, STE 1 co . , . 92656 Citjl, Manager UPLAND, . 91786 ..._�:.:.�..� City Attorney _ y Fil v PLEASE TARE NO SPAN has a claim in connection with the public work known as OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92525, in the County of ORANGE. The specific contract information is for Our Job /Invoice #OASIS. The claimant furnished. the. fo llowing kind of labor, services, equipment, ,materials or service charges: STEEL ROOF MATERIALS. The name of the party to whom the material was furnished-or supplied, or for whom the labor was done or performed, is INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $9,000.00. That.the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $9,401.95. — That such claim hasnot . been paid in full except that there has been paid against the balance due the sum of $3,595.17. The unpaid balance .'is now $5, 806..78, including service charges or interest at the-rate of 1.504% per annum. WHEREFORE, the claimat prays that the public entity, upon receipt of this stop notice, withhold from the original contractor; or from any person acting under his authority, money due,dr to become due to,such contractor in an amount sufficient to answer the_, claim stated in. such stop notice and to prouide:for: the <teasonable cost of.�any litigation thereunder. ASC profiles luC. o A'BlueScope Steel Company -" .21.10 Enterprise Boulevard, Wo Sacramento, CA 95691 Toll Fiee: 800.360.2477 o Fax: 253.896.8471 o ar(alascnrofiles.com RELEASE OF STOP NOTICE I - To: City of Newport Beach Attn: City Clerk 3300 Newport Boulevard Newport Beach, CA 92663 C -1 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated July 28, 2010, in the amount of $11,898.10 against City of Newport Beach, Attn: City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 as owner or public body and KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821 as prime contractor in connection with the work of improvement know as: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA in the County of Orange, State of California. Dated: November 3, 2010 r,.te I(,r3 - SID C )pies Sent To: City Council - City Manager City Attorney File VT W Name of Claimant: RGSLA, Inc. By Danielle Champion / Authorized Agent VERIFICATIOiN I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Release of Stop Notice; I have read said Release of Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2010, at San Diego, California. , PUBLIC WORK STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNNO AM _y AN it 55 AND REDUEST FOR NOTICE OF FILING OF NOTICE OF OFFICE OF ACCEPTANCE, COMPLETION OR CESSATION THE CITY CLERK CIVIL CODE §3185 CITY OF p T BEADI TO: City of Newport Beach PROJECT, Oasis Senior Center Rebuild Attn: City Clerk 800 Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA C 3m Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway. Whittier, CA 90605 has performed labor and /or furnished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA. The labor and/or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea. CA 92821. The labor and/or materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there Is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Aftached hereto is the $2.00 fee as required by Civil Code §3185. :Date Copies Sent To: City Council City Manager City Attorney —�r% File / Firm Name: RGSLA, Inc. By: Danielle Champion / Authoriz , Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the Contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Chamor zed Agei't PUBLIC WORK STOP NOTICE ` - -! LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUnct,/ AND CEI REQUEST FOR NOTICE OF FILING OF NOTICE 010 _� 29 ACCEPTANCE, COMPLETION OR CESSATION CIVIL CODE §3185 OFFICE OF THE CITY CLEAK T0: City of Newport Beach PROJECT: Oasis Sef�TBtICC� V9Ff90 #0 Attn: City Clerk 800 Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or furnished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA. The labor and /or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The labor and /or materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee. as required by Civil Code §3185. Firm. Name: RGSLA, Inc. By:� Danielle Champion / Authoriz Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Champion / Authorized Ageek PUBLIC WORK STOP NOTICE — , ' L_" LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNNU AUG _4 AN 7. AND REQUEST FOR NOTICE OF FILING OF NOTICE OF WiCE OF ACCEPTANCE, COMPLETION OR CESSATION T14E Q_1y CLERK CIVIL CODE §3185 CITY OF'!\J'tvm IBM H TO: City of Newport Beach PROJECT: Oasis Senior Center Rebuild Attn: City Clerk 800 Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or fumished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA. The labor and /or materials fumished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc-, 2850 Saturn Street, Brea, CA 92821. The labor and /or materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials fumished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3165. Attached hereto is the $2,00 fee as required by Civil Code §3185. Date Jopies Sent To: City Council — City Manager City Attomey Firm Name: RGSLA, Inc. By: a`— �` ck^� -• Danielle Champion / Authoriz Agent HERIPICATIOM 1. the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice: have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of pedury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Champion IAuthr� Agra PUBLIC WORK STOP MOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUl\9k7 AND FIL:CEI\/ED REQUEST FOR NOTICE OF FILING OF NOTICE ACCEPTANCE, COMPLETION OR CESSATION 10 AUG —S P19 3, 29 CIVIL CODE §3185 OFFICE OF THE CITY CLERK TO: City of Newport Beach PROJECT: Oasis SelDOCCO�ft3g 00 Attn: City Clerk 800 Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or furnished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA. . The labor and /or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The labor and /or materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. Firm Name: RGSLA, Inc. By:�� Danielle Champion / Authoriz Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Champion / Authorized Aga CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 March 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb, Deputy Director of Public Works /City Engineer 949- 644 -3328 or dawebb @city.newport- beach.ca.us SUBJECT: OASIS SENIOR CENTER REBUILD PROJECT AWARD OF CONTRACT NO. 3888 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3888 to KPRS Construction Services, Inc. for the Total Bid Price of $11,047,000.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a contingency amount of $1,104,700 (10% of Total Bid) to cover the cost of unforeseen work. 4. Contingent upon the ability to approve and permit by the City's Building Department, approve awarding alternative bid item A3 - "furnish and install the tensile membrane structures as specified on the plans and in the specifications ", to KPRS Construction Services, Inc. for the bid amount of $207,000.00. This amount would be in addition to the base contract amount and any contingency allowances. 5. Authorize City Risk Management staff to purchase a "Builder's Risk" insurance policy on the Oasis construction project. Cost for said policy should be in the range of $65,000 to $70,000 to cover the 18 months construction period. Discussion: The City Council has committed to the development of a new OASIS Senior Center. On October 23, 2007, the City Council awarded a contract to Robert R. Coffee, Architect + Associates for architectural services to prepare plans and specifications for a new 36,500 sq. ft. Senior Center. Staff advertised an open call to any interested General Contractors Oasis Senior Center Rebuild — Award of Contract No. 3888 March 10, 2009 Page: 2 to pre - qualify for the up- coming construction bidding for the new Senior Center. On October 29, 2008, the City received 26 proposals, of which 23 General Contractors were pre - qualified to bid on the project. At 2:00 PM. on February 12, 2009, the City Clerk opened and read the following bids from pre - qualified General Contractors for this project: The low total bid amount is thirty -five percent below the Engineer's Estimate of $17,100,000. The large difference between the engineer's estimate and the low bid amount was unexpected. Staff, the Project Architect, and the Project Management Consultant generally expected a lower bid as has been the recent trend on some of the smaller building bids but not at the level received. The low bidder, KPRS Construction Services (KPRS), possesses a California State Contractors License Classification "B" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed many recent building projects for other local public agencies including Upland, Diamond Bar, Claremont and Los Angeles. KPRS is also a member of the Green Building Council and has two LEED certified professionals on its staff to assist with the required Silver LEED certification for the new center. City staff, the Project Architect and Project Management Consultant met with KPRS management and proposed project personnel on February 19, 2009 to discuss the bid, the project, and any concems or necessary clarifications. The meeting went well. Staff and our consultants believe that KPRS can and will deliver the OASIS Senior Project as desired by the City and as bid by the Contractor. BIDDER TOTAL BID AMOUNT Low KPRS Construction Services $11,047,000.00 2 Edge Development $11,402,269.00 3 W.E.O'neil $11,815,000.00 4 The Whiting - Turner Co. $11,880,000.00 5 Diffenbaugh $11,949,000.00 6 Jaynes Corp $12,080,000.00 7 Erickson -Hall Construction Corp. $12,463,000.00 8 PW Construction Inc. $12,586,000.00 9 Paul C. Miller Construction Co. $12,610,000.00 10 Suffolk $12,898,478.00 11 Bernards $12,978,000.00 12 DJM Construction Co. $13,070,000.00 13 Howard S. Wright Constructors $13,099,655.00 14 EMMA Corp. $13,180,000.00 15 Swinerton Builders $13,213,000.00 16 SMC Construction $13,320,000.00 17 Pinner Construction $13,925,000.00 18 Harbor Construction Co. $14,888,000.00 The low total bid amount is thirty -five percent below the Engineer's Estimate of $17,100,000. The large difference between the engineer's estimate and the low bid amount was unexpected. Staff, the Project Architect, and the Project Management Consultant generally expected a lower bid as has been the recent trend on some of the smaller building bids but not at the level received. The low bidder, KPRS Construction Services (KPRS), possesses a California State Contractors License Classification "B" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed many recent building projects for other local public agencies including Upland, Diamond Bar, Claremont and Los Angeles. KPRS is also a member of the Green Building Council and has two LEED certified professionals on its staff to assist with the required Silver LEED certification for the new center. City staff, the Project Architect and Project Management Consultant met with KPRS management and proposed project personnel on February 19, 2009 to discuss the bid, the project, and any concems or necessary clarifications. The meeting went well. Staff and our consultants believe that KPRS can and will deliver the OASIS Senior Project as desired by the City and as bid by the Contractor. Oasis Senior Center Rebuild — Award of Contract No. 3888 March 50, 2009 Page: 3 Pursuant to the Contract Specifications, KPRS will have 375 consecutive working days to complete the construction, followed by a 90 -day plant establishment and maintenance period. Environmental Review: On December 9, 2009, the City Council approved Mitigated Negative Declaration ND2008 -002 for the New OASIS Senior Center and the temporary trailer complex constructed in the parking lot off 5th Street across from the site. Public Notice: The Notice Inviting Bids for Pre - Qualification of General Contractors was advertised in the City's official publication and in construction industry publications. Ten working days prior to starting work, a City prepared notice will be distributed by the contractor to residents within 500 feet of the site. Additionally, there has been ample public notice and discussion on the project at various City Council meetings, community meetings as well as in the City Manager's Newsletter and on the City's website. Other Costs: In addition to the construction contract costs, approximately $42,000 in consulting geotechnical services, $45,000 in material testing and special building inspection, and $10,000 in printing and various other related construction support services are estimated for this project. As this is a substantially large and complex project, there are a host of costs that have and /or will be associated with this project beyond the cost to construct the facility. An approximate summary of the overall project cost includes: Item Cost Project Design, Management, Geotechnical and Environmental $ 1,744,000 Construction Management, Material Testing and Inspection Temporary Facilities for Staff, Friends of Oasis & Senior Meals Program (21 months) Base Construction Bid, Change Orders, Alternative Bid A3 add -in, SCE /SCG Utilities to Facility etc., Phone /Data /Hardware, related FF &E, Gym Equipment, Computer Lab Equipment $ 949,000 $ 78,000 $12,473,000 $ 870,000 Total Estimated Project Cost Upon Completion $16,114,000 pQC�((��FFJI, { ded in Official Records, Orange County RECORDING REQUESTIFD�I'�-APtD i..,.. al , Clerk- Recorder WHEN RECORDED RETURN TO: �� IIIIInIIIAIIIANIIIAIIIIIItJI�bIIIIIIIAIIII NO FEE 2011 JAN 3 1 A' 1 00003344711:14 am 01/19111 City Clerk 217 416 N12 1 City of Newport Beach MICE OP 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard THE CITY .: Newport Beach, CA 92669ffy OF ti; ; (FOR X, "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and KPRS Construction Services. Inc. of Brea, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: Oasis Senior Center Rebuild — (C -3888) Work on said Contract was completed, and was found to be acceptable on January 11, 2011, by the City.Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on. �al� , Z01( at Newport Beach, California. BY City Clerk ` ary 0 IV r Oasis Senior Center Rebuild — Award of Contract No. 3888 March 10, 2009 Page: 4 Funding Availability: Sufficient funds have been advanced from City reserves and budgeted in the following account for the project: Account Description Account Number Amount General Fund 7453- C1002007 $ 12,525,700.00 Total: $ 12,525,700.00 However, the City anticipates pledged donations will significantly offset the expected $16.1 million cost for the entire project and that the City has and will continue to advance funds from its reserves to reimburse itself over the upcoming 5 years as funds are received from various sources including: The Irvine Company $5.6 Million (Payable within 5 Days of Contract Award) Hoag Hospital $2.5 Million (Pledged over 5 Years) The Friends of the Oasis $4.3 Million (Various Terms) Total $12.4 Million Proposed funding approvals by this Council action for uses during construction are as follows: Vendor KPRS Construction Services KPRS Construction Services KPRS Construction Services Leighton Consulting Inc. Various TBD Various Purpose Construction Contract Construction Contingency Alternative Bid A3 Geotechnical & Testing Special Inspection/Testing Builders Risk Insurance Policy Printing and Incidentals. Total: Prepared by: .(4 -0 6 )J�) avid Webb Deputy Public Works Director /City Engineer Attachments: Project Location Map Submitted by. Amount $ 11,047,000.00 $ 1 ,104,700.00 $ 207,000.00 $ 42,000.00 $ 45,000.00 $ 70,000.00 $ 10,000.00 $ 92,525,700.00 Badum s Director CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 January 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Deputy Director of Public Works /City Engineer 949 - 644 -3328 or dawebb @newportbeachca.gov SUBJECT: OASIS SENIOR CENTER REBUILD PROJECT- COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3888 ISSUE Staff requests approval to accept the OASIS Senior Center Rebuild Project, Contract No. 3888, at 801 Narcissus Avenue as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after this Council acceptance. DISCUSSION Summary of Completed Construction Contract Awarded Final Cost at Benchmark. Actual Contract Time Contract Amount Completion Target Contract Time Under ( -) or Change (days) Over ( +) $11,254,000.00 $11, 563,484.00 Contract Plus 10% +2.75% 377 -1 On March 10, 2009, City Council authorized the award of the OASIS Senior Rebuild Project contract to KPRS Construction Services, Inc. for a total contract cost of $11,254,000.00 ($11,047,000.00 base, plus $207,000.00 for alternative bid item A3) plus a 10% allowance for contingencies. The contract included complete demolition and removal of the existing building and site improvements; installation of retaining wall OASIS Senior Center Rebuild Completion and Acceptance of Contract No. 3888 January 1 1, 2011 Page 2 and re- grading of the site; and construction of a new 43,232 sf Senior Center facility with accompanying parking lot and site improvements. The contract has now been completed to the satisfaction of the Public Works and Recreation & Senior Services Departments. During the course of the project, a total of 13 change orders were approved over the twenty month construction period. The changes orders included approximately 131 cost and time item changes associated with unforeseen conditions, plan clarifications, incomplete or revised construction details or methods, deleted or upgraded items, additional code requirements and weather delay allowances. Additionally, the cost for alternative bid item A3 was renegotiated down from $207,000.00 to $206,507.00 as a result of some design modifications. A summary of the contract cost is as follows: Original bid amount (including alternative bid item A3) Change Orders Final contract cost: A summary of the project schedule is as follows: $11,254,000.00 11,563,484.00 Estimate Completion Date per July 2009 Schedule October 15, 2010 Project Award for Construction March 10, 2009 Contract Completion Date per NTP & Approved Extensions September 20, 2010 Functional Completion - Staff in /Facility Ready to Open Date: September 17, 2010 ENVIRONMENTAL REVIEW On December 9, 2009, the City Council approved Mitigated Negative Declaration ND2008 -002 for the new OASIS Senior Center and the temporary trailer complex constructed in the parking lot off 5th Street across from the site. PUBLIC NOTICE During the concept, design development, environmental document certification and construction award phases, the City provided ample public notice and discussion on the project at the various City Council meetings, community meetings, as well as in the City Manager's Newsletter and on the City's website. Additionally two weeks prior to starting work, a City prepared notice was distributed by the contractor to residents within 500 feet of the site. A project sign with contact information was also displayed on the corner of 5th and Marguerite during the entire project. FUNDING AVAILABILITY The total construction contract expenses paid to KPRS Construction Inc. for the OASIS Senior Center Rebuild Project at 801 Narcissus Avenue, contract No. 3888, were as follows: OASIS Senior Center Rebuild Completion and Acceptance of Contract No. 3888 January 1 1, 2011 Page 3 Original bid amount (including altemative bid item A3): Final Construction [clii;1 $11,254,000.00 $309.484.00 In addition to the actual KPRS construction contract expenses, the rebuilding of the OASIS Senior Center included many other project expenses such as design and construction management consultant cost, geotechnical /special inspection and testing cost, printing, temporary staff trailers, Builders Risk insurance, a storm damage insurance claim, audio /visual /data installation contracts, new phone system, computer and routers, FF &E for the new facility, and several other related items. The total overall project cost is summarized as follow: Conceptual Design & Development Design, and Project Management KPRS Construction Contract and other items Construction Management, Testing /Inspection FF &E, Gym Equipment, Telephones, Computers Temporary Staff Quarters Total Project $75,167 $1,873,361 $11,762,413 $791,805 $988,715 $15,577,116 Funding for the entire project was expended from the following accounts: Account Description Account Number Amount General Fund 4410 -8080 $51,460 General Fund 4410 -8200 $11,866 OASIS Senior Center Rebuild 7453- C1002007 $15,513,790 Total Project Cost $15,577,116 0.48% 12.03% 75.51% 5.08% 6.35% 0.55% The OASIS Senior Center Rebuild project also had several sources of offsetting revenue /grants. These revenue sources were as follows: Private Donations Irvine Co. Park Dedication Fees Interests SCE Savinos By Design Total Contribution Prepared by: -- �� David Webb Deputy Public Works Director /City Engineer Attachment: Location Map $4,043,683 $5,600,000 $226,727 $43,178 $ 9,913,588 Submitted by: Badum s Director LOCATION MAP NOT TO SCALE OASIS SENIOR CENTER CONTRACT NO. 3888 P FOR PROJEC 2J LOCATION 0 r Q' i \Q5 � 2 N D LNG J �2 2 STOP NO'T'ICE RECEIVED CALIFORNIA CIVIL CODE SECTION 31ft DEC _3 AN il. 39 NOTICE TO: City of Newport Beach OFFICE OF Po Box 1768 Newport Beach CA 92658 THE CITY CLERK , °!PORT BEA(�l PRIME CONTRACTOR: KPRS Construction Services Inc. CITY O, P•;� SUB- CONTRACTOR: P.E.C. Inc. OWNER OR PUBLIC BODY: City of Newport Beach IMPROVEMENT KNOWN AS: Oasis Senior Center Rebuild, 800 Marguerte Ave. Newport Beach, CA 92625 In the City of Newport Beach, County of Los Angeles, Graybar Electric Co., Inc., Claimant, a Corporation furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is P.E.C. Inc.. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Fixtures and miscellaneous electrical material. Total value of labor, service, equipment, or materials agreed to be furnished $ 443,470.59 Total value of labor, service, equipment, or materials actually furnished is $ 443,470.59 Credit for materials returned, if any $ 0 Amount paid on account, if any $ 257,662.19 Amount due after deducting all just credits and offsets $ 185,808.40 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $185,808.40 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A Bond (Civil Code Section 3083) No attached. Date: 12/1/10 - Date_-4ab — Copies Serrt o: City C0urc1'I _City Mana ar City Atto; - `Y File 7 Name of Claimant: Verification Graybar Electric Co., Inc. 1, the undersigned, state: I am the Financial Manager of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. �/ Executed on 12/1/10, at City of Industry, State of California. 1 Z�17 t ..J Notice to Surety AS PROVIDED FOR N SECTIONS 3240 AND 3241 OF THE CALIFORNIA CIVIL CODE Bond #: 649220 To: Safeco Insurance Co. of America Safeco Plaza 1001 4`h Ave. Suite 1700 Seattle, WA 98154 The undersigned is advised that you are the Surety who has written a bond under Section 3235 of the Civil Code on behalf ofKPRS Construction Services Inc., contractor on that certain work of improvement located at basis Senior Center Rebuild, 800 Marguerte Ave. Newport Beach, CA 92625, of which City of Newport Beach, PO Box 1768 Newport Beach, CA 92658, is/are the reputed owner(s). Please take notice that the undersigned has furnished labor, services, equipment, or materials described as: Light Fixtures and Misc. Electrical Material to P.E.C. Inc. for use in the work of improvement referred to in said bond; that the amount and value of that already furnished is 443,470.59 and the whole agreed to be furnished by the undersigned is 443,470.59; that credits by cash and otherwise have been applied against said account to the extent of 0; and that the balance due, or that will be due, upon completion of said deliveries of labor, services, equipment or materials contracted to be delivered is 185,808.40 aside from extra or additional orders that may hereafter be requested by contractor. Date: 12/1/10 Name of Claimant: Graybar Electric Co., Inc. 383 So Cheryl Lane, City of Industry, IA 9'et8 By:- . Jennifer Manager 1 -4902 „ST64 NOTICE 1atfl Conics Sent T Legal Notic�,tg VT!hncJd Construction Funds City Council Publ"o of.rivatrWotk- Pater California Civil Code Section 3103 City Manager '�” City Attomey LF To; Project: \ W CITY OF NEWPORT BEACH _ J ti ^ ' . OASIS SENIOR CENTER Name of Owner, Public Body or onstruction Fund Hoider Name 592 SUPERIOR AVE. Address (If directed to a bank or S &L Assn., Use address of fund - holding branch) NEWPORT BEACH, CA. 92663 -3627 800 MARGUERITE AVE. Address NEWPORT BEACH, CA. 92625 City, State, Zip Code City, State, Zip Code Take Notice That: TRI- COUNTY SANDBLASTING,INC. 7iy 539_ ysSd (Name of Person or Firm claiming the stop notice. Licensed contractors must use the same name under which contractor's license is issued) Whose Address is: 6402 MAPLE AVE. - P.O. BOX 490 -WESTMINSTER, CA. 92683 (Address of person, or firm claiming Stop Notice) Has performed labor and furnished materials for a work of improvement described as follows: OASIS SENIOR CENTER - 592 SUPERIOR AVE. - NEWPORT BEACH, CA (Name and location of the project where the work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: SANDBLASTING OF WALLS (General description of labor, service equipment or materials agreed to be furnished) The labor and materials were furnished.tolfor the following party: KIRRA CONSTRUCTION - 228 AVENIDA FABRICANTE - SAN CLEMENTE, CA. (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished:. $ 3266.13 The value of the labor and materials furnished to date: Claimant has been paid the sum of: ...................... ...... $ 3266.13 Due, owing and unpaid is the sum of. ....................................... ............................... $ 3266.13 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands Verification Firm Name: TRI- COUNTY SANDBLASTING, INC. By: �fi.�OL ,r .dtf.%iltl°l (Name of stop notice claimant) OwneFor agenrof stop notice claimant mus sign here and verify below I, the undersigned, say: I am the PRESIDENT the claimant named in the (President of /A Partner of /owner of /Agent of, etc....) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on NOVEMBER 12 , 2010 (Date this document was At: WESTMINSTER, (Name of city where Stop Notice signed) are Request for notice of election Private Works Only- Per California Civil Code Section 3159, 3161 or 3162 California If an election is made not to withhold funds pusuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Claimant must enclose selfaddresed stamped envelope 1 RELEASE OF STOP NOTICE - PUBLIC WORK Legal Notice to Release Construction Funds (California Civil Code Section 3083, 3186) TO OWNER CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 FROM STOP NOTICE CLAIMANT AEP SPAN 2110 Enterprise Blvd WEST SACRAMENTO, CA 95691 TO GENERAL OR PRIME CONTRACTOR KPRS 2850 SATURN STREET BREA, CA 92821 TO LENDER, SURETY OR BONDING COMPANY SAFECO INSURANCE CO OF AMERICA SAFECO PLAZA SEATTLE, WA 98185 The undersigned hereby withdraws and releases the Stop Notice filed on 11/08/2010 with the following . owner(s) or reputed owner(s): CITY OF NEWPORT BEACH, P.O. BOX 1768, NEWPOR'1 BEACH, CA 92658 for claims against INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The claimant has been paid the amount of $5,806.78 for labor, services, equipment, materials or for service charges performed or furnished for the performance or construction of the public work of improvement commonly known as the OASIS SENIOR CENTER REBUILD OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, NEWPORT BEACH, CA 92658, in the County of orange. The specific contract information is for Our Job /Invoice #OASIS SR CENTER. The undersigned also hereby releases from the above said public entity and its subdivisions and agents, any further duty under section 3186 of the civil code of the State of California to withhold money or bonds in response to the Stop Notice and waives any right of action against them that might accrue thereunder. Dated 11/08/2 10 for ASP SP 2110 Enterprise Blvd, WEST SACRAMENTO, CA 95691 r" W; 91 r Prepared by: \ E.Stell, C. Campbell, —orl J. Wheelock VERIFICATION I declare that I am authorized to file This release of Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoinUo 's true and correct. Executed at W. SACRAMENTO, California o 1L/ @8/2 0 AE P SPAN. Prepared by: E.Stell, C. C p el r J. Wheelock CONSTRUCTION FUNDS STOP NOTICE ----- - ------ CALIFORNIA CI�=_CiO`QE -SECT N3103,3181-3187 -------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA 92658 CLAIMANT COMPANY JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 1810 GIC 25 11,14 I1':CfflS SENIOR CENTER REBUILD" 800 MARGUERITE AVE NEWPORT BEACH CA g� r. JOB #0036 C IY has furnished, or agreed to furnish, the following labor, services, equipment or materials: LANDSCAPE & IRRIGATION MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. ANDRE LANDSCAPE SERVICE INC I THE PRIME CONTRACTOR 521 N VIRGINIA AZUSA CA 91702 -1333 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ - 11,145.63 Value furnished to date ------------------------------------------- 11,145.63 Refunds or credits given ___________ _______________________________ 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 11,145.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 11,145.63 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] M V E R I F I C A T I O N I, the undersigned say: I am the of the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. must City Council C[ty Manager City Attorney Pjlg d^-o CONSTRUCTION FUNDS STOP NOTICE - ------ - - - - -- CALIFORNIA CI 4-CODAECTN3103,3181 -3187 -- - - - - - - - - - - - - - - - - - - - - - - - - NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA 92658 CLAIMANT COMPANY JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 I 0 ���� ��� AN �1IS SENIOR CENTER REBUILD" 800 MARGUERITE AVE L in- NEWPORT BEACH CA ��g� JOB #0036 I,, CITY L H has furnished, or agreed to furnish, the following labor, services, equipment or materials: LANDSCAPE & IRRIGATION MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. ANDRE LANDSCAPE SERVICE INC I THE PRIME CONTRACTOR 521 N VIRGINIA AZUSA CA 91702 -1333 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ _ 11,145.63 Value furnished to date 11,145.63 Refunds or credits given ___________ _______________________________ 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 11,145.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 11,145.63 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] M V E R I F I C A T I O N I, the undersigned say: I am the CREDIT ANALYST of the claimant ['Owner of,'President of,'Agent of, ETC ] named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3169, 3161, 3162. Signed: Forms by Caprenos Inc. - f Claimant must enclose RELEASE OF STOP NOTICE To: City of Newport Beach Attn: City Clerk 3300 Newport Boulevard Newport Beach, CA 92663 C You are hereby notified that the undersigned claimant releases that certain Stop Notice dated July 28, 2010, in the amount of $11,898.10 against City of Newport Beach, Attn: City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 as owner or public body and KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821 as prime contractor in connection with the work of improvement know as: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA in the County of Orange, State of California. Dated: November 3, 2010 I�+e C )pies Sent To: City Council City Manager City Attorney File Name of Claimant: RGSLA, Inc. By Danielle Champion / Authorized Agent I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Release of Stop Notice; I have read said Release of Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2010, at San Diego, California. PUBLIC WORK STOP NOTICE , , L_' LEGAL NOTICE: TO WITHHOLD CONSTRUCTION FUNWO AUG -4 AN it 5.5 AND REQUEST FOR NOTICE OF FILING OF NOTICE OF OFFICE OF ACCEPTANCE, COMPLETION OR CESSATION NE CITY CLERK CIVILCOOE §3i85 CITY OF``'az`ORTB" TO: City of Newport Beach PROJECT: Oasis Senior Center Rebuild Attn: City Clerk Boo Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA C 3 Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or furnished materials fora work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport peach, CA, The labor and /or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The labor and /or materials were furnished to or for the following party` KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and/or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50_ Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. ;gate . opies Sent To: z City Council City Manager City Attorney _tc ✓P 'k/ Firm Name: RGSLA, Inc. By: Danielle Champion / Authoriz Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof. the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Champion l Authorized Ag 1 PUBLIC WORT( STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUIc�,�D AND t L: CC REQUEST FOR NOTICE OF FILING OF NOTICE 'I _5 27 ACCEPTANCE, COMPLETION OR CESSATION CIVIL CODE §3185 OFFICE OF THE CITY CL €% . T0: City of Newport Beach PROJECT: Oasis Se@ITBSIC00bV/ @ tl�1 Attn: City Clerk 800 Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or furnished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA. The labor and /or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The labor and/or materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. Firm Name: RGSLA, Inc. By:� Danielle Champion / Authoriz Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Champion / Authorized Agea M ►01► SOUTHERN CALIFORNIA Attn: NEM Program Administrator ri E D I S O N P.O SCE Customer Solar & Self- Generation P.O. Box 800, Rosemead CA 91770 -0800 customer. generation @sce.com An EDISON INTERNATIONAL Company (626) 302 -9680, (626) 571 -4272 fax PERMISSION TO OPERATE Self- Generation Facility Interconnected to SCE's Electric Grid October 15, 2010 Mr. David Webb City Of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear Mr. David Webb: NM 19437 Generating Facility Location: 800 Marguerite Ave Corona Del Mar, CA 92625 Generator Size: 21.1 kW Generator Type: Solar S/A #: 3- 035 - 5021 -94 Funding: CSI Program Congratulations on completing the installation of your self - generation facility. Your application for interconnection has been approved and SCE has granted permission to interconnect and operate your generating facility in parallel with SCE's electric system. Enclosed is a tag for you to attach to your meter with the enclosed zip -tie in order to notify SCE meter technicians about the presence of your generating facility and as proof of your permission to operate. Service under the NEM Rate Schedule will become effective on the next regularly scheduled meter read date, if proper metering is in place, or the next regularly scheduled meter read date following installation of the required bi- directional or interval data meter. For more information about the NEM Program and what to expect, please visit http://www.sce.com/customercieneration/"net-enercjy-fag1. In accordance with Assembly Bill 920, signed into law on October 11, 2009, you are eligible to receive compensation for net surplus electricity in 2011. For more information, visit http: / /www.sce. com /customergeneration /nem- ab920. htm, Questions? For questions related to metering, billing or rebates, please contact SCE's Customer Service Department at (866) 701 -7868 for residential customers or (866) 701 -7869 for commercial customers. Best Regards, Laura Rudison NEM Program Manager Enclosures: Fully executed Interconnection Agreement Meter tag & zip -tie Revised April, 2010 SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT This Net Energy Metering and Generating Facility Interconnection Agreement ( "Agreement ") is entered into by and between Newport Beach, City Of ( "Customer'), and Southern California Edison Company ( "SCE "), sometimes also referred to herein jointly as "Parties" or individually as "Party." APPLICABILITY This Agreement is applicable only to customers who satisfy all requirements of the definition of an Eligible Customer - Generator set forth in Section 2827(b)(2) of the California Public Utilities Code. 2. SUMMARY OF GENERATING FACILITY AND CUSTOMER ACCOUNT 2.1 Generating Facility Identification number: NM 19437 2.2 Customer Meter Number: V349N- 013714 2.3 Customer Service Account Number: 3- 035 - 5021 -94 2.4 Applicable Rate Schedule: TOU -GS3 -B 2.5 Generating Facility Location: 800 Marguerite Ave Corona Del Mar, CA 92625 2.5.1 This Agreement is applicable only to the Generating Facility described below and installed at the above location. The Generating Facility may not be relocated or connected to SCE's system at any other location without SCE's express written permission. 2.6 Generating Facility Technology (Solar, Wind or Hybrid): Solar 2.7 Generating Facility Nameplate Rating (kW): 21.1 kW 2.8 Estimated monthly energy production of Generating Facility 3038 kWh (kWh): 2.9 Customer's estimated date when the Generating Facility .9414142940 will be ready to commence parallel operation with SCE's j O electric system: i®i) -dam) 3. GENERATING FACILITY INTERCONNECTION AND DESIGN REQUIREMENTS: 3.1 Customer shall be responsible for the design, installation, operation, and maintenance of the Generating Facility and shall obtain and maintain any required governmental authorizations and /or permits. 3.2 The Generating Facility shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers ( "IEEE "), and accredited testing laboratories such as Underwriters Laboratories ( "UL "), and, where applicable, rules of the California Public Utilities Commission ( "Commission ") regarding safety and reliability. This requirement shall include, but not be limited to, the provisions of IEEE Standard 929 and UL Standard 1741 and SCE's Rule 21- Generating Facility Interconnection. 3.3 Customer shall not commence parallel operation of the Generating Facility until written approval has been provided to it by SCE. SCE shall provide such written approval within ten (10) working days from SCE's receipt of a copy of the final inspection or approval of the Generating Facility which has been issued by the governmental authority having jurisdiction to inspect and approve the installation. Such approval shall not be unreasonably withheld. 3.4 SCE shall have the right to have its representatives present at the final inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility. Customer may be required to notify SCE in accordance with the terms of Section 11, herein, at least five (5) days prior to such inspection. NMID: 19437, Form 16 -344 (06/20091dr) - Page 1 of 4 SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT 3.5 Customer shall not add generation capacity in excess of the Nameplate Rating set forth in Section 2.7 of this Agreement, or otherwise modify the Generating Facility without the prior written permission of SCE. 4. METERING AND BILLING: Metering requirements and billing procedures shall be set forth in the SCE and /or Energy Service Provider's rate schedule(s) applicable to the electric service account assigned to the location where the Generating Facility is connected. 5. DISCONNECTION, INTERRUPTION OR REDUCTION OF DELIVERIES: 5.1 SCE may require Customer to interrupt or reduce the output of its Generating Facility under the following circumstances: (a) Whenever SCE deems it necessary in its sole judgment, to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or any part of its electric system; or (b) Whenever SCE determines in its sole judgment, that curtailment, interruption, or reduction of Customer's electrical generation is otherwise necessary due to emergencies, forced outages, force majeure, or compliance with prudent electrical practices. 5.2 Notwithstanding any other provision of this Agreement, upon termination of this Agreement or at any time SCE determines the continued parallel operation of the Generating Facility may endanger the public or SCE personnel, or affect the integrity of SCE's electric system or the quality of electric service provided to other customers, SCE shall have the right to require the Generating Facility to be immediately disconnected from SCE's electric system. The Generating Facility shall remain disconnected until such time as SCE is satisfied, in its sole judgment, that the condition(s) causing such disconnection have ended or have been corrected. 5.3 Whenever feasible, SCE shall give Customer reasonable notice of the possibility that interruption or reduction of deliveries may be required. 5.4 Electrical energy and capacity provided to Customer during periods of curtailment or interruption of the output of the Generating Facility shall be provided pursuant to the terms of the rate schedule(s) applicable to the electric service account to which the Generating Facility is connected. 6. ACCESS TO PREMISES: SCE may enter Customer's premises at all reasonable hours without notice to Customer for the following purposes: (a) To inspect Customer's protective devices and read or test meter(s); and (b) To disconnect the Generating Facility and/or service to Customer, whenever in SCE's sole opinion, a hazardous condition exists and such immediate action is necessary to protect persons, SCE's facilities, or property of others from damage or interference caused by the Generating Facility, or the absence or failure of properly operating protective devices. INDEMNITY AND LIABILITY: 7.1 Each Party as indemnitor shall defend, hold harmless, and indemnify the other Party and the directors, officers, employees, and agents of the other Party against and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including any direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or NMID: 19437, Form 16 -344 (06/20091dr) - Page 2 of 4 SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT expense, including attorneys' fees) for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or in connection with (a) the engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection or ownership of the indemnitor's facilities, or (b) the making of replacements, additions, betterments to, or reconstruction of the indemnitor's facilities. This indemnity shall apply notwithstanding the active or passive negligence of the indemnitee. However, neither Party shall be indemnified hereunder for its loss, liability, damage, claim, cost, charge, demand, or expense resulting from its sole negligence or willful misconduct. 7.2 The indemnitor shall, on the other Party's request, defend any suit asserting a claim covered by this indemnity and shall pay for all costs, including reasonable attorney fees, that may be incurred by the other Party in enforcing this indemnity. 7.3 The provisions of this Section shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any valid insurance policy. 7.4 Except as otherwise provided in Section 7.1, neither Party shall be liable to the other Party for consequential damages incurred by that Party. 7.5 Nothing in this Agreement shall create any duty to, any standard of care with reference to, or any liability to any person who is not a Party to it. 7.6 Notwithstanding the provisions of Section 7.1, Customer shall be responsible for protecting its Generating Facility from damage by reason of the electrical disturbances or faults caused by the operation, faulty operation, or non - operation of SCE's facilities, and SCE shall not be liable for any such damage so caused. 8. GOVERNING LAW: This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. 9. CALIFORNIA PUBLIC UTILITIES COMMISSION: 9.1 This Agreement shall at all times be subject to such changes or modifications by the Commission as the Commission may, from time to time, direct in the exercise of its jurisdiction. 9.2 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto. 10. AMENDMENT, MODIFICATIONS, WAIVER OR ASSIGNMENT: 10.1 This Agreement may not be altered or modified by either of the Parties, except by an instrument in writing executed by each of them. 10.2 None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. 10.3 This Agreement shall supersede any existing agreement under which Customer is currently operating the Generating Facility identified in Section 2, herein, and any such agreement shall be deemed terminated as of the date this Agreement becomes effective. NMID: 19437, Form 16 -344 (06/20091dr) Page 3 of 4 SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY METERING AND GENERATING FACILITY INTERCONNECTION AGREEMENT 10.4 This Agreement contains the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement. 10.5 Neither Party shall voluntarily assign this Agreement or any of its rights or duties hereunder without the written consent of the other Party, which consent shall not be unreasonably withheld. Any such assignment or delegation made without such written consent shall be null and void. 11. NOTICES: 11.1 Any notice required under this Agreement shall be in writing and mailed at any United States Post Office with postage prepaid and addressed to the Party, or personally delivered to the Party, at the address below. Changes in such designation may be made by notice similarly given. All written notices shall be directed as follows: CUSTOMER SOUTHERN CALIFORNIA EDISON CO. City Of Newport Beach Attn: NEM Program Administrator 3300 Newport Blvd Customer Solar & Self- Generation Newport Beach, CA P.O. Box 800 92663 Rosemead, CA 91770 11.2 Customer's notices to SCE pursuant to this Section shall refer to the Generating Facility Identification Number that is set forth in Section 2.1. 12. TERM AND TERMINATION OF AGREEMENT: 12.1 This Agreement shall become effective when signed by Customer and SCE, and shall remain in effect thereafter from month to month unless terminated by either Party on thirty (30) days' prior written notice in accordance with Section 11. 12.2 This Agreement shall terminate, without notice, upon: (a) termination of the electric distribution service provided to Customer by SCE; or (b) changes to Customer's electric load which cause Customer to no longer satisfy all requirements of the definition of an Eligible Customer - Generator set forth in Section 2827(b)(2) of the California Public Utilities Code and (c) termination of eligible Customer's Net Energy Metering arrangements with its Electric Service Provider. 13. SIGNATURES: IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the latter of the two dates set forth below. CATOME By: '- 1hA-JJ ( ZZ Name: City Of Newport Beach Title: r fu Evl ca iMt v Date: _ 1-I _ 2-8 d SOUTHERN-CALIFORNIA EDISON CO By: /rte, L, — ,a _ Name: Gary Barsro 61 ' Title: Manager, Customer Solar Programs Date: 1p NMID: 19437, Form 16 -344 (06/20091dr) Page 4 of 4 zoio OCT 19 AN I f: ROCK - SAND - BASE MATER READY MIX CON RETE IALS L CITY G. 10/14/10 CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA To To All Concerned Parties: OQ 10 This is to advise you that we have not been paid for materials supplied to: Contractor: KIRRA CONSTRUCTION Job Address: 800 MARGUERITE AVE NEWPORT BEACH TRACT #:OASIS SENOIR CTR LOT #:REBUILD We must have the outstanding balance of $ 22,776.52 on or before 11 /15 /10. If the payment has not been received we will be forced to file a stop notice against this project. Sincerely, D Credit Department CC: KIRRA CONSTRUCTION JCN: 090210 200 S. Main St., Ste. 200 • Corona, CA 92882 P.O. Box 3600 • Corona, CA 92878-3600 (951) 685 -2200 • (800) 834 -7557 • Fax (951) 493 -6426 10/14/10 CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA To All Concerned Parties: This is to advise you that we have not been paid for materials supplied to: Contractor: KIRRA CONSTRUCTION Job Address: 800 MARGUERITE AVE NEWPORT BEACH TRACT #:OASIS SENOIR CTR LOT #:REBUILD We must have the outstanding balance of $ 22,776.52 on or before 11 /15 /10. If the payment has not been received we will be forced to file a stop notice against this project. Sincerely, ,1 DO Credit Department CC: KIRRA CONSTRUCTION JCN: 090210 200 S. Main St., Ste. 200 • Corona, CA 92882 P.O. Box 3600 • Corona, CA 92878 -3600 (951) 685 -2200 • (800) 834 -7557 • Fax (951) 493 -6426 CONSTRUCTION FUNDS STOP NOTICE -- ---- - - - - -- CALIFORNIACnr.l ECT440N 3103, 3181 -3187 :,._..._- -------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 592 SUPERIOR AVE NEWPORT BEACH CA 92658 CLAIMANT COMPANY JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 7010 Oi;l 95 etl I 1';03APIS SENIOR CENTER REBUILD" 800 MARGUERITE AVE NEWPORT BEACH CA ',,JOB #0036 criv I t H has furnished, or agreed to furnish, the following labor, services, equipment or materials: LANDSCAPE & IRRIGATION MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. ANDRE LANDSCAPE SERVICE INC I THE PRIME CONTRACTOR 521 N VIRGINIA AZUSA CA 91702 -1333 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ _ 11,145.63 Value furnished to date ------------------------------------------- 11,145.63 Refunds or credits given __________ 0.00 Payments received by Claimant to date 0.00 Total amount due Claimant after all credits and offsets -------------------- 11,145.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 11,145.63 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] BY: V E R I F I C A T I O N I, the undersigned say: 1 am the of the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. [ Claimant must enclose self -addr sed sta d envelop ] date ° �• us -Icy City Council City Manager City Attorney RI v CONSTRUCTION FUNDS STOP NOTICE -------------------------- CALIFORNIA CI �COOE -EECT N 3103, 3181- 3187 -------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH 71110 OCT 25 1 I':CffIS SENIOR CENTER REBUILD" 592 SUPERIOR AVE 800 MARGUERITE AVE NEWPORT BEACH CA 92658 NEWPORT BEACH CA 3gg� � JOB #0036 Q' CLAIMANT COKAM ANY CITY v JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 and these materials were requested by and furnished to or for the following person(s) or company. ANDRE LANDSCAPE SERVICE INC 521 N VIRGINIA AZUSA CA 91702 -1333 has furnished, or agreed to furnish, the following labor, services, equipment or materials: LANDSCAPE & IRRIGATION MATERIALS THE PRIME CONTRACTOR Total value of the entire amount of labor and materials agreed to be furnished ----- 11,145.63 Value furnished to date 11,145.63 Refunds or credits given ___________ _______________________________ 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 11,145.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 11,145.63 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] V E R I F I C A T I O N I, the undersigned say: I am the of the claimant named in the foregoing Stop Notice; 1 have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 10/05/2010 ,At PETALUMA CA REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such - election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Stgned: fors by Capnmos Inc. - [ Claimant must enclose jj�- ASGINC. A BlueScope Steel Company RELEASE O,F,,�Tgp ING'kICE - PUBLIC WORK Legal- NoQi.ce to'- Releas�Construction Funds (Cal ifoirnia Civil Code Section 3083, 3186) TO OWNER CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 92658 FROM STOP NOTICE CLAIMANT AEP SPAN 2110 Enterprise Blvd WEST SACRAMENTO, CA 95691 ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS rAT1,-,dWERAL OR PRIME CONTRACTOR RPRS 2850 SATURN STREET BREA, CA 92821 CITY r N /AY�NDER, SURETY OR BONDING COMPANY . 92658 The undersigned hereby withdraws and releases the Stop Notice filed on 10/22/2010 with the following owner(s) or reou.ted.... owner(s): CITY OF NEWPORT BEACH, PO BOX 1768, NEWPORT BEACH, CA 92658 for claims against INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The claimant has been paid the amount of $5,806.78 for labor, services, equipment, materials or for service charges performed or furnished for the performance or construction of the public work of improvement commonly known as the OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92625, in the County of ORANGE. The specific contract information is for Our Job /Invoice #OASIS. The undersigned also hereby releases from the above said public entity and its subdivisions and agents, any further duty under section 3186 of the civil code of the State of California to withhold money or bonds in response to the Stop Notice and waives any right of action against them that might accrue thereunder. Dated 10/27/2010 for AEP SPAN, 2110 - Enterprise Blvd, WEST SACRAMENTO, CA 95691 Prepared by: I - E.Stell, L. C uz, or J. Wheelock, Cr VERIFICATION I declare that I am authorized to file This release of Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at W. SACRAMENTO, California on 10/27/2010 fo ,P SP Prepared by: - -Date E.Stell, L. aC uz, or J. Wheelock, Credit Copies Sent TO: City Council City Manager lty Attorney ASC Profiles Inc. • A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 • Fax: 253.896.8471 • arAaseprofiles.com l / ASC '' PROFILES INC. A BlueScope Steel Company State of California) County of YOLO ) ACKNOWLEDGEMENT BY NOTARY PUBLIC On 10/27/2010 before me, E. STELLpersonally appeared: JANICE WHEELOCK, ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS who proved to me on the basis of satisfactory evidence to be the person_W whose namejs -) is /a-re- subscribed to the attached instrument and acknowledged to me that he /she /they executed the same in .,bd -e /her /thgj,r authorized capacity�i,es) , and that by his- /her /t e-ir signaturejsL on the instrument the person(s.); or their entity upon behalf for which the person(`sj 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 E. STELL� Signature (Seal) ASC Profiles Inc. • A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 • Fax: 253.896.8471 • ar0lasci rofiles.com "ASC PROFILES INC. A BlueScope Steel Company ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS STOP NOTICE - PUBLIC WORKS PROJECTS (California Civil Code Sections 3103, 3181 -3187) C �?V % PLEASE TAKE NOTZCZ-ZUJZ_aJL SPAN has a claim in connection with the public work known as OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92625, in the County of ORANGE. The specific contract information is for our Job /Invoice #OASIS. The claimant furnished.the following kind of labor, services, _equipment, materials or service charges: STEEL ROOF MATERIALS. - The name of the party to whom the material was furnished or supplied, or for whom 'the labor was done or performed, is INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $9,000.00. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $9,401.95. That such claim has not been paid in full except that there has been paid against the balance due the sum of $3,595.17. The unpaid balance is now $5,806.78,including service charges or interest at the rate of 1.500% per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the .claim stated in such stop notice and to provide - .forthe -- reasonable cost of.any litigation thereunder. ASC Profiles Inc. • A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 • Fax: 253.896.8471 • ar(a),ascprofiles.com TO THE ORIGINAL CONTRACTOR OR TO THE PUBLIC AGENCY: REPUTED ORIGINAL ct.30NTRACT0J2: CITY OF NEWPORT BEACH XPRS < O = -4 -7) PO BOX 1768 2850 SATURN STREETr. t J NEWPORT BEACH CA 92658 BREA,CA 92821 TO THE LENDER10ffffTY 1BONDING COMPANY: TO THE CUSTOMER BUYER:W IIY N/A '-� vopies Sent To: INTEGRITY SHEET METAL City Council 319 MC ARTHUR WAY, STE 1 co .,. 92658 City Manager UPLAND,. 91786 City Attorney —�Fle. PLEASE TAKE NOTZCZ-ZUJZ_aJL SPAN has a claim in connection with the public work known as OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92625, in the County of ORANGE. The specific contract information is for our Job /Invoice #OASIS. The claimant furnished.the following kind of labor, services, _equipment, materials or service charges: STEEL ROOF MATERIALS. - The name of the party to whom the material was furnished or supplied, or for whom 'the labor was done or performed, is INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $9,000.00. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $9,401.95. That such claim has not been paid in full except that there has been paid against the balance due the sum of $3,595.17. The unpaid balance is now $5,806.78,including service charges or interest at the rate of 1.500% per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the .claim stated in such stop notice and to provide - .forthe -- reasonable cost of.any litigation thereunder. ASC Profiles Inc. • A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 • Fax: 253.896.8471 • ar(a),ascprofiles.com �J ASC STEEL DECK F% � AS PROFILES INC. AEP SPAN A BlueScope Steel Company ASC BUILDING PRODUCTS Dated 10/22/2010 for c imant ASP SPAN, 2110 Enterprise Blvd, W. SACRAMENTO, CA 95691 Prepared by E.Stell, L. DaCruz, or J. Wheelock, Credit VERIFICATION I declare that I am authorized to file this Stop Notice on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed t, SACRAMENTO, Califoxnia.on 10/22/2010 for AEP SPAN. Prepared by: E.Stell, L. DaCruz, Id, J. Wheelock, Credit AFFIDAVIT OF SERVICE BY MAIL I declare that I served a copy of the above document, and any related documents, by (as required by law) first - class, certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses listed above, on 10/22/2010. I declare under penalty of perjury that the foregoing is true and correct. _Executed at W. SACRAMENTO, California on 10/22/2010. Signed by ., �. i ` 1 � , i Print Name /Title :( r,� i;r � 7�A,AT i ASC Profiles Inc. • A BlueScope Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95691 Toll Free: 800.360.2477 • Fax: 253.896.8471 • ar(a wcnrofiles.com PROFILES INC. A BlueScope Steel Company ASC STEEL DECK AEP SPAN ASC BUILDING PRODUCTS STOP NOTICE - PUBLIC WORKS PROJECTS (California Civil Code Sections 3103, 3181 -3187) TO THE PUBLIC AGENCY: CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH CA 92658 TO THE ORIGINAL CONTRACTOR OR REPUTED ORIGINAL (15ONTRACTM: CS KPRS < O J o 2850 SATURN STREET,, BREA,CA 92821.'�'�� v /v n TO THE LENDER 1,0 TY /BONDING COMPANY: TO THE CUSTOMER BUYER:W N/A Copies Sent To: INTEGRITY SHEET METAL City Council 319 MC ARTHUR WAY, STE 1 CO . , . 92658 City Mananel' - UPLAND, . 91786 -`11 City Attomey .: ___0' Fil v PLEASE TAKE NOT SP has a claim in connection with the public work known as OASIS SENIOR CENTER OASIS SENIOR CENTER REBUILD project, located at 800 MARGUERITE AVE, CORONA DEL MAR, CA 92625, in the County of ORANGE. The specific contract information is for Our Job /Invoice #OASIS. The claimant furnished the- .following kind of labor, services, equipment, materials or service charges: STEEL ROOF MATERIALS. - - The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is INTEGRITY SHEET METAL, 319 MC ARTHUR WAY, STE 1, UPLAND, CA 91786. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was $9,000.00.. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $9,401.95. That such claim has not been paid in full except that there has been paid against the balance due the sum of $3- ,595.17. The unpaid balance is now $5,806.78, including service charges or. interest at the -rate of 1.5001 per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the claim stated in such stop notice and to provide for :he reasonable cost of.. -any litigation thereunder. - - - - ASC Profiles Inc. • A B1ueScopc Steel Company 2110 Enterprise Boulevard, West Sacramento, CA 95,691 Toll Free: 800.360.2477 • Fax: 253.896.8471 • ar(a),ascorofiles.com 1 PUBLIC WORK STOP NOTICE w LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNNO AUG -4 AH 9t SS AND REQUEST FOR NOTICE OF FILING OF NOTICE OF C410E OF ACCEPTANCE, COMPLETION OR CESSATION INF CITY CLERK CIVIL CODE §3185 On, 0' " T 5" TO: City of Newport Beach PROJECT: Oasis Senior Center Rebuild Attn: City Clerk 800 Marguerite Avenue n ��� 3300 Newport Boulevard Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or furnished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport peach, CA. The labor and /or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821: The labor and /or materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable Lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. -Date Q x'10 Copies Sent To: City Council City Manager City Attorney w,cV l ® Firm Name: RGSLA, Inc. By: Danielle Champion / Authoriz Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; have read said Stop Notice and know the contents thereof. the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Daniell a Champion /Authorized Ag PUBLIC WORK STOP NOTICE -/ LEGAL NOTICE TO WITHHOLD CONSTRUCTION FIFECEI I `ED AND 11 11 CC REQUEST FOR NOTICE OF FILING OF NOTICE °lo AUG _ 27 ACCEPTANCE, COMPLETION OR CESSATION-010 CIVIL CODE §3185 OFFICE OF THE Cl-,'Y CLERK T0: City of Newport Beach PROJECT: Oasis SeMICC.O. ( 09 ylFi Attn: City Clerk 800 Marguerite Avenue 3300 Newport Boulevard Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT RGSLA, Inc. whose address is 13555 Imperial Highway, Whittier, CA 90605 has performed labor and /or furnished materials for a work of improvement described as follows: Oasis Senior Center Rebuild, 800 Marguerite Avenue, Newport Beach, CA. The labor and /or materials furnished by claimant are of the following general kind: Roofing. General contractor is KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The labor andlor materials were furnished to or for the following party: KPRS Construction Services, Inc., 2850 Saturn Street, Brea, CA 92821. The value of the whole amount of labor and /or materials agreed to be furnished is $69,483.50. The value of the labor and /or materials furnished to date is $69,483.50. Claimant has been paid the sum of $57,585.40, and there is due, owing and unpaid the sum of $11,898.10 together with interest at the rate of 10.00 percent per annum from May 1, 2010. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. Firm Name: RGSLA, Inc. By:�_� Danielle Champion / Authoriz Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 28, 2010, at San Diego, California. Danielle Champion / Authorized Aged. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD AMENDMENT NO. ONE TO CONSTRUCTION CONTRACT NO. 3888 THIS AMENDMENT NO. ONE TO CONSTRUCTION CONTRACT NO. 3888 is entered into this �wer, day of r� , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and KPRS CONSTRUCTION SERVICES, INC., a Nevada corporation, hereinafter "Contractor," and is made with reference to the following facts: WHEREAS, on March 10, 2009, City and Contractor entered into Construction Contract No. 3888 for the construction of a new Oasis Senior Center for the total bid price of $11,047,000.00. Contract No. 3888 attached hereto as Exhibit A and incorporated herein by reference. WHEREAS, in addition to the award of Construction Contract No. 3888, City Council also approved awarding alternative bid item A3 - "furnish and install the tensile membrane structures as specified on the plans and in the specifications," to the Contractor for the bid amount of $207,000, contingent upon City Building Department's approval and permitting of the tensile membrane structures per the March 10, 2009 City Council Report attached hereto as Exhibit B and incorporated herein by reference. WHEREAS, the City Building Department, after thorough plan review and code compliance, has subsequently approved and permitted an equivalent steel roof structure and Contractor has reviewed and submitted a construction cost that has been adjusted down to $206,507.00. Per City Council action, the $206,507.00 construction cost for the structure will now be added to the base contract amount. This will bring the total base construction contract cost to $11,253,507.00. This amount does not include the cost of any approved contract change orders. NOW THEREFORE, City and Contractor agree as follows: A. SCOPE OF WORK The terms of the contract will remain the same as the original contract, or as modified by any approved contract change order. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment, utility and transportations services, supervision, construction coordination, markup, and taxes per the Shade Structure drawings dated 11/24/09, and related contract documents including the project specifications. B. COMPENSATION 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 Eleven Million, Two Hundred Fifty -Three Thousand, Five Hundred Seven Dollars and 00/100 ($11,253,507.00), not including any construction change order previously approved, or yet to be approved by both parties. C. 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, reviewed the project plans and specifications, 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. D. WAIVER A waiver by City of 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: , yne L'Assistant City A ney CITY OF NEWPORT BEACH A Municipal Corporation Mayor Please note: Corporations must complete and sign both places above even if each office is held by the same individual EXHIBIT A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 CONTRACT THIS AGREEMENT, entered into this 'lN4day of 14" 2009, by and between the CITY OF NEWPORT BEACH, hereinafter 'City,' and KPRS Construction Services, Inc., a Nevada corporation, hereinafter `Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OASIS SENIOR CENTER REBUILD - City Contract No. 3888: which includes demolition of an existing senior center, site clearing and grubbing, grading, utility disconnects, relocation and reconnection, construction of an approximately 36,600 square -foot new senior center, design and construction of a significant retaining wall, as well as all associated parking lot, landscaping and site improvements to be constructed on the 4.9 acre site of the existing OASIS Senior Center at the comer of Marguerite Ave. and 5v' Avenue in Corona Del Mar. The building shall be certified with a minimum LEED Silver rating. WHEREAS, 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, City and Contractor agree as follows: A. 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3888, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the 'Contract Documents"). 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. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and fumish 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 fumished 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. 21 C. COMPENSATION 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 Eleven Million, Forty -Seven Thousand and 001100 ($11,047,000.00). In addition to this amount, should the City elect to take any or all of the tree alternative bid items as described in the bid package and as bid by the contractor, said above compensation shall be adjusted up or down by the indicated amount. This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS 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 al the lime of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the city in strict conformance with the Tort Claims Act (Government Code 900 et Seq.) E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Kim Harvey (949) 250 -1500 ext 1094 CONTRACTOR KPRS Construction Services. Inc. 2850 Saturn Street Brea, CA 92821 714 - 672 -0800 714 -672 -0871 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and PLIor to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of 22 insurance shall be kep City reserves the right polices, at any time. 0 t on file with City at all times during the term of this contract, to require complete, certified copies of all required insurance Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 1 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, unfess otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a- Workers' Compensation Coveraqe. Contractor shall maintain Workers' Compensation Insurance and Employers Liability Insurance for his or her employees in accordance with the laws of the Stale 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 the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coveraa e. Contractor shall maintain commercial general liability insurance in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. General Liability Coverage for subsidence up to the full limits shall also be included (coverage for any subsidence can not be excluded from the General Liability policy). If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed tinder this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit c. Automobile Liability Coveraqe. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles. in an amount not less than one million dollars (51,000,000) combined single limit for each occurrence. 23 i 5. Deductibles and Self - Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers. agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City b) All Coverages Each insurance policy required by this clause shalt be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party. reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 24 Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the dale on the 'Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications- 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s); which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to properly resulting from defects, obstructions or from any cause arising from Contractors work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless. and defend City, its officers and employees from and against (t) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury. property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractors subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. 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. 25 i 5. Nothing in this article, nor 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 in H 3. above. 6. The rights and obligations set forth in this Article shall survive the lermination of this Contract. H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. Print Na (Financial Officer) Title: Vi .81er)_T Print Name Q �. Y�Yt�� eCG., Please note: Corporations must complete and sign both places above even if each office is held by the same individual 26 TO: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT APPROVED By Cityy Counc1'i en�liNtd port Mach March 10, 2009 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb, Deputy Director of Public Works/City Engineer 949 - 644 -3328 ordawebb @city.newport- beach.ca.us — SUBJECT: OASIS SENIOR CENTER REBUILD PROJECT AWARD OF CONTRACT NO. 3888 Recommendations: Approve the project plans and specifications. Award Contract No. 3888 to KPRS Construction Services, Inc. for the Total Bid Price of $11,047,000.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a contingency amount of $1,104,700 (10% of Total Bid) to cover the cost of unforeseen work. 4. Contingent upon the ability to approve and permit by. the City's Building Department, approve awarding alternative bid item A3 - "furnish and install the tensile membrane structures as specified on the plans and in the specifications ", to KPRS Construction Services, Inc. for the bid amount of $207,000.00. This amount would be in addition to the base contract amount and any contingency allowances_ 5. Authorize City Risk Management staff to purchase a "Builder's Risk" insurance policy on the Oasis construction project. Cost for said policy should be in the range of $65,000 to $70,000 to cover the 18 months construction period. Discussion: The City Council has committed to the development of a new OASIS Senior Center. On October 23, 2007, the City Council awarded a contract to Robert R. Coffee, Architect + Associates for architectural services to prepare plans and specifications for a new 36,500 sq. ft. Senior Center. Staff advertised an open call to any interested General Contractors Oasis Senior Center Rebuild —Award of Contract No. 3888 March 10, 2009 Page: 2 to pre - qualify for the up- coming construction bidding for the new Senior Center. On October 29, 2008, the City received 26 proposals, of which 23 General Contractors were pre - qualified to bid on the project. At 2:00 PM. on February 12, 2009, the City Clerk opened and read the following bids from pre - qualified General Contractors for this project: The low total bid amount is thirty -five percent below the Engineer's Estimate of $17,100,000. The large difference between the engineer's estimate and the low bid amount was unexpected. Staff, the Project Architect, and the Project Management Consultant generally expected a lower bid as has been the recent trend on some of the smaller building bids but not at the level received. The low bidder, KPRS Construction Services (KPRS), possesses a California State Contractors License Classification "B" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed many recent building projects for other local public agencies including Upland, Diamond Bar, Claremont and Los Angeles. KPRS is also a member of the Green Building Council and has two LEED certified professionals on its staff to assist with the required Silver LEED certification for the new center. City staff, the Project Architect and Project Management Consultant met with KPRS management and proposed project personnel on February 19, 2009 to discuss the bid, the project, and any concerns or necessary clarifications. The meeting went well. Staff and our consultants believe that KPRS can and will deliver the OASIS Senior Project as desired by the City and as bid by the Contractor. BIDDER TOTAL BID AMOUNT Low KPRS Construction Services $11,047,000.00 2 Edge Development $11,402,269.00 3 W.E.O'neil $11,815,000.00 4 The Whiting - Turner Co. $11,880,000.00 5 Diffenbaugh $11,949,000.00 6 Jaynes Corp $12,080,000.00 7 Erickson -Hall Construction Corp. $12,463,000.00 8 PW Construction Inc. $12,586,000.00 9 Paul C. Miller Construction Co. $12,610,000.00 10 Suffolk $12,898,478.00 11 Bernards $12,978,000.00 12 DJM Construction Co. $13,070,000.00 13 Howard S. Wright Constructors $13,099,655.00 14 EMMA Corp. $13,180,000.00 15 Swinerton Builders $13,213,000.00 16 SMC Construction $13,320,000.00 17 Pinner Construction $13,925,000.00 18 Harbor Construction Co. $14,888,000.00 The low total bid amount is thirty -five percent below the Engineer's Estimate of $17,100,000. The large difference between the engineer's estimate and the low bid amount was unexpected. Staff, the Project Architect, and the Project Management Consultant generally expected a lower bid as has been the recent trend on some of the smaller building bids but not at the level received. The low bidder, KPRS Construction Services (KPRS), possesses a California State Contractors License Classification "B" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed many recent building projects for other local public agencies including Upland, Diamond Bar, Claremont and Los Angeles. KPRS is also a member of the Green Building Council and has two LEED certified professionals on its staff to assist with the required Silver LEED certification for the new center. City staff, the Project Architect and Project Management Consultant met with KPRS management and proposed project personnel on February 19, 2009 to discuss the bid, the project, and any concerns or necessary clarifications. The meeting went well. Staff and our consultants believe that KPRS can and will deliver the OASIS Senior Project as desired by the City and as bid by the Contractor. Oasis Senior Center Rebuild —Award of Contract No. 3888 March 10, 2009 Page: 3 Pursuant to the Contract Specifications, KPRS will have 375 consecutive working days to complete the construction, followed by a 90 -day plant establishment and maintenance period. Environmental Review: On December 9, 2009, the City Council approved Mitigated Negative Declaration ND2008 -002 for the New OASIS Senior Center and the temporary trailer complex constructed in the parking lot off 5th Street across from the site. Public Notice: The Notice Inviting Bids for Pre - Qualification of General Contractors was advertised in the City's official publication and in construction industry publications. Ten working days prior to starting work, a City prepared notice will be distributed by the contractor to residents within 500 feet of the site. Additionally, there has been ample public notice and discussion on the project at various City Council meetings, community meetings as well as in the City Manager's Newsletter and on the City's website. Other Costs: In addition to the construction contract costs, approximately $42,000 in consulting geotechnical services, $45,000 in material testing and special building inspection, and $10,000 in printing and various other related construction support services are estimated for this project. As this is a substantially large and complex project, there are a host of costs that have and/or will be associated with this project beyond the cost to construct the facility. An approximate summary of the overall project cost includes: Item Project Design, Management, Geotechnical and Environmental Construction Management, Material Testing and Inspection Temporary Facilities for Staff, Friends of Oasis & Senior Meals Program (21 months) Base Construction Bid, Change Orders, Alternative Bid A3 add -in, SCE /SCG Utilities to Facility etc., Phone /Data /Hardware, related FF &E, Gym Equipment, Computer Lab Equipment Total Estimated Project Cost Upon Completion Cost $ 1,744,000 $ 949,000 $ 78,000 $12,473,000 $ 870,000 $16,114,000 l Oasis Senior Center Rebuild — Award of Contract No. 3888 i March 10, 2009 Page: 4 Fundinci Availability: Sufficient funds have been advanced from City reserves and budgeted in the following account for the project: Account Description Account Number Amount General Fund 7453- C1002007 $ 12,525,700.00 Total: $ 12,525,700.00 However, the City anticipates pledged donations will significantly offset the expected $16.1 million cost for the entire project and that the City has and will continue to advance funds from its reserves to reimburse itself over the upcoming 5 years as funds are received from various sources including: The Irvine Company $5.6 Million (Payable within 5 Days of Contract Award) Hoag Hospital $2.5 Million (Pledged over 5 Years) The Friends of the Oasis $4.3 Million (Various Terms) Total $42- .4.Mi4ion q .l, Proposed funding approvals by this Council action for uses during construction are as follows: Vendor KPRS Construction Services KPRS Construction Services KPRS Construction Services Leighton Consulting Inc. Various TBD Various Purpose Construction Contract Construction Contingency Alternative Bid A3 Geotechnical & Testing Special Inspection/Testing Builders Risk Insurance Policy Printing and Incidentals. Total: Prepared by: avid Webb Deputy Public Works Director /City Engineer Attachments: Project Location Map Amount $ 11,047,000.00 $ 1,104,700.00 $ 207,000.00 $ 42,000.00 $ 45,000.00 $ 70,000.00 $ 10,000.00 $ 12,525,700.00 �zi . . I / /�� .2 E 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK Sealed bids may be received by the City Clerk, In the City Council Chambers (Building A) 3300 Newport Boulevard, Newport Beach, CA 92663 until 2:00 PM on the 5th day of February, 2009, at which time such bids shall be opened and read for OASIS SENIOR CENTER REBUILD Contract No. 3888 $17,100,000 Engineer's Estimate Only the Pr"uallfied General Contractors with a "B" License have copies of Plans and Specifications for this project. PLEASE NOTE: Prospective Subcontractor bidders may obtain bid documents from OCB Reprographics 17721 Mitchell North, Irvine, CA 92614 (949) 660 -1150 All inquiries by subcontractors shall be directed to Pr"ualifled General Contractors BID INFORMATION AND LIST OF PRE - QUALIFIED GENERAL CONTRACTORS ARE AVAILABLE ON THE CITY WEBSITE: htti)7//www.city.newwri-t)each.ca,us CLICK: "nlineservices /e- bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............. .............................10 NON-COLLUSION AFFIDAVIT ........................................................ .............................12 DESIGNATION OF SURETIES ........................................................ .............................13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 14 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................16 INFORMATON REQUIRED OF BIDDER ......................................... .............................17 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................20 CONTRACT..................................................................................... .............................21 LABOR AND MATERIALS BOND .................................................... .............................27 FAITHFUL PERFORMANCE BOND ............................ ................ .............................29 PROPOSAL................................................................................ ............................... PR-1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 ARCHITECT'S PROJECT MANUAL DATED 12- 30- 08 ............. ............................... PM -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest reviWn of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 0 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, 'Subletting and Subcontracting Fair Practices Act'. 10. 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. The signature below represents that the above has been reviewed. 751130 B Contractor's License No. & Classification KPRS Construction. Services, Inc. Date it CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be Jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid in Dollars is 10% 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction. of OASIS SENIOR CENTER REBUILD, Contract No. 3888 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original Insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award% otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 4th day of KPRS Construction Services, Inc. Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 120 Vantis Aliso Vieio, CA 92656 Address of Surely (949) 860 -6605 Telephone n Attth n gent $ignat6rf Jeri Apodaca, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT 0 ..0000 ........................ so........... 6.100 0969.........................., Stale of Califomia County of Orange ) ss. On February 4, 2009 before me, Rhonda C. Abel Notary Public, personally appeared Jeri Apodaca _,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /shellhey executed the same in his/her/lheir authorized capacity(ies), and that by histher /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 Linder PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. VTNESS my hand and official seal. Signature �— RHONDA C. ABLI. 0 COMM. s 1597'48 a NOiAQY FUBIIC-CAL ;fORN:A Q ORANGE Counm () %-..� COMM. EXP. AUG. 9.4009 t (seat) ....................... .........................•..... a........................ OPTIONAL INFORM4TION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identiticallon _ Paper Identification Credible Wilness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CFO 1C00 _ President / Vice - President I Secretary / Treasurer Other: Other Thumbprint of Signer O Check here If no thuntbprOt or tingerpw is avaie616. • POWER MIMI A OF ATTORNEY KNOW ALL BY THESE PRESENTS: No, 9675 Safeco Insurance Company of Amanca General Insurance Company of Amonra 1001 4th Avenue Sure 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * * *RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT: JANE KEPNER; NANETTE MARIELLAMYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California' " "x "" " " " " " " "'e "" ""' its true and Lawful attorney(s)- imfact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to b nd the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ptx* 28th January 2009 day of — Dexter R. Leta, Secretary Timothy A. Mlkolaiawald, Vice President CERTIFICATE Fxlract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13 - FIDELITY ANO SURETY BONGS . the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the ofhcer in charge of Surely operations. shall each have authority to appoint individuals as attomeys-in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing Such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company. the seal, or a facsimile thereof, may be impressed or affixed or to any other manner reproduced. provided, however, that the Seal Shall not be necessary to the validity of any such instrument or undertaking - Extract from a Resolution of the Board of Directws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant seaelary of the Company setting out. (') The provisions of Article V. Section 13 of the By-Laws, and (ICI A copy or the power -of-attomey appointment, executed pursuant thereto. and (iii) Certifying that said powenof - attorney appointment is in lull force and effect. the signature of the cenirying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I. Dexter R. Legg . Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these Corporations, and of a Power of Attorney issued pursuant lhen:fo. are true and correct and that Win he by -Laws, the RCSelutlen and the Power of Attorney are still to hull force and effect IN WITNESS WHEREOF, I have hereunto set my hand and aff ixed the facsimile seal of said corporation this FEB 0 4 2009 day of taroearF tL SEAL %Jl 3 ,�k lsZS ot nsM'• 'aleMUy.x�tK. pq arkyj Dexter R. Legg, Secretary Sa'ece, and Ta Saleco lade are registered vadmmads at S:Le::n Caxamrai S 09740S 1100 WEB POF ACKNOWLEDGEMENT State of CALIFORNIA County of ( 1f ax u Ae _ v Once' �\.t �1 <)��C�� before me, Brie Villalovos, Notary Public personally appeared f'` `Lff- \ l.1, who proved to me on the basis of satisfactory evidence to be the person whose name ) is /pre subscribed to the within instrument and acknowledged to me that he /sYe /they executed the same in his /h�'r/tl jXir authorized capacity(�s), and that by his /hkr /tfeir signatures) on the instrument the personjs), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Seal BRIE ELIZABETH VILLALOVOS C M 1723391 Notary F`UbII c - Calltornla 7 Orange County MyCdnn. EMes Feb J, 2011 OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an authorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT cy-n--, CY n\ C)f TITLE OR TYPE OF DOCUMEW NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER O'I'11 F.R Best's Rating Center - Com y Information for Safecto Insuranc-12-mpany of ... 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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 following subcontractors 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. (Use additional sheets if needed) Subcontractor's Information' i N'um�e: Description of Work �To alBd Address: (i i 7ejne.ELti14. 16A Phone: State License Number. Name: T9 vwt& Address: i. Prone: State Lic Name: I Address: Phone: ka, i"I, -a / 6A . E AtZT q W 0?-►, I; A t (.AL: SITtt CUNGR.�TSz KPRS Construction Services, Inc. President Bidder Aut riz ianature/Title ID u 11 Subcontractor's Information Name: Address: { c� lol`nll� f 6A . Phone: State License Number. Name: Address: Phone: State License Number: Name: A. t„Q, (y Address:: CIA. Phone: Address: IS A- CA1 6,0 eh ) 6A Phone. A ok i Address: r(O -r4-6rn,6A. Phone: State License Numb r: Name: V Address: ! Phone: / State License Number: Name al,_ : -D. .,.. - . Address: KK..�� Z O c(Q) dA . Phone: V State Licenso Number_ KPRS Construction Services, Inc. Bidder Ll Numb r Description of Work T� f Az J SITrL UTILITIES LARbSC APE Coticr -vrt Mks0RF-� l6T- RvLTv? -M_ STEI✓L 12000,1{ CkRPE1fTR'l i 0 0 Subcontractor's Information ad hem — Description of Work �!: II Number Name: CLW�.L� rirs` WC� l+1pr Address: z1 f�f Phone: cA F nISN CA�PeNT�� State License Number. Name:��'{i , Address: V1 Phone: (- 1ood�Wl4C l7lQ,g7 Address: &h,o�dA• �I�asg C�,�A&INV, Phone: Name: Address: �f 414tk 6we-)CtA. M@TALSTVD a bR.yWd.U. 3� Phone: Address: �u4tICfA. CQZAK%c. 1 tl_F Phone: Stale License Number: Name: Address: Phone: }� ',1 � { ob j ,_j TA A co vsT t cq L_ CP.t t_t H (n Name: 8(� �iooYlnq Address: (i 3i �, U*A, }{ L( g )C`A F L.CO tz t tA � Phone: , ,_,J State License Number: L -- KPRS Construction Services, Inc. Bidder s % of 3a 42 45 0 Subcontractor's Information Name: Address: Phone: State License Number: Address: Phone: Address: rViKe 6A. Phone: Name: Address: 4-� Phone: c(2 a Js. Name: r� L._ T,� 1 S Address:: ST'rta c i u v e- Fl e x .i . S. Phone: State License Number. Name: A Address: Phone: State License Number: Name: Address: bL, E ►► Ckt�t�p� �s Phone: �s c State License Numbed KPRS Construction Services, Inc. Bidder 143 7 0 Description of Work oPeadolQ �)Qvl-i -nv S Fooast:Rvt c2- F-40t i s ris I t M emorcw STRVG }ofe -P4 �K: i SiAurl 0 Subcontractors Information Name: MEN Address: S3 �agwga �drk� eq . Phone: 0 State License Number Name: J'`° �J .L Address: (J Phone: Address: Phone: State Li_c_ense Number: Name: Address: Phone: State Licenso Number: KPRS Construction Services, Inc. Bidder Bid Item Description of Work FIPC SPi =1nKt_ ?4vM6INy H VV_ E IrVC-1- R..tC -AL_ of I Address: Phone: State License Number: Name: l_Dkt . Address: 6roh.2)CA. Phone: State License Number:_ Name: _ Address: Phone: Address: Phone: State Li_c_ense Number: Name: Address: Phone: State Licenso Number: KPRS Construction Services, Inc. Bidder Bid Item Description of Work FIPC SPi =1nKt_ ?4vM6INy H VV_ E IrVC-1- R..tC -AL_ of 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formal Please print or type. Bidders Name KPRS Construction Services, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For the three most recent public agency projects you have worked on (or are currently working on) in the past 5 years in excess of $5,000,000, provide the following information: No Project Name /Number Upland Animal Shelter Project Description A 19,000 SF city animal services shelter, landscaping, & site work. Approximate Construction Dates: From Sept. 2008 To; Sept . 2009 Agency Name City of Upland Contact Person Enayat Khuqyani Telephone ( ) (90 9) 91 -2961 5,495,457 Original Contract Amount $ Final Contract Amount $5, 495 , 457 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Project Name /Number Diamond Bar Senior Community Center Project Description A_22,000 SF community center, sitework, landscaping Approximate Construction Dates: From Nov. 2002 To: January, 2004 10 Agency Name Cit 0 of Diamond Bar Contact Person Armando Gonzalez Telephone ( ) (626) 568 -1428 9,881,190 Original Contract Amount $ Final Contract Amount $ 10, 700, 000 If final amount is different from original, please explain (change orders, extra work, etc.) Owner authorized changes with additional scope. 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. Me No. 3 Project Name/Number Claremont Corporate Yard Project Description 49,000 SF Maintenance Facility, Admin Bldg., fueling station, parking Approximate Construction Dates: From Feb, 2004 To: February, 2005 Agency Name_ City of Claremont Contact Person Mark Hodnik Telephone ( ) (760) 541 -4337 10,700,000 Original Contract Amount $ Final Contract Amount $ 10, 759, 234 If final amount is different from original, please explain (change orders, extra work, etc.) Owner authorized changes with additional scope. Did you file any claims against the Agency? Did the Agency file any daims against you /Contractor? If yes, briefly explain and indicate outcome of claims. hF7 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 submit a fina sufficiently comprehensive to permit an appraisal conditions. KRES Construction. Services, Inc. Bidder 11 statement and other information the Contractor's current financial President Education: RICK HNPINOZA Project Manager GENERAL RESPONSIBILITES As project manager, Rick will fully understand the client's objectives and programs. His general responsibilities will include assuring efficient, timely and complete communications amongst the entire project team, implementing policies and procedures for project execution in regards to scheduling, documentation, and management of subcontractors, suppliers, quality control and assurance. Ile will plan and review the Construction Program with the Senior Project Manager, implementing record keeping procedures and preparing the construction monthly reports. subcontractors scope of work and work order requests. He will examine all drawings. specifications and other documentation for design completeness, constructibiliry, practical and economic details, as well as code violations and in turn will bring forward these inconsistencies to the attention of the approved. He will be available to the ClientiArchitecNHngineer and the KPRS team as the requirements of the project dictates and ensure quality control is established and maintained. Certification/License: Project Mamt Training: KPKS Univcrsn), Monthh Saki) I raining REPRESENTATIVE PROJECT EXPERIENCE .North Vallev Police Station �L55:or. Ihns, CA -['lie North Valley Police Station, located in \fission Hills, represents the 14th Community District for the LAPI). 'fhe 1611,000 square toot facility is designed to support the Department's community -based policing efforts. In addition to housing the areas patrol wid operations support divisions, the facility includes a 1.500 squarc feet Community Room, an explorer scout room, work -space for Police volunteers and boosters, and a free standing parking structure. Orange Coast College Arts Center r.,.ra N!"a (A A new Art Center complex which %ill replace a series of scattered existing buildings. Totaling 75.0(4) square feet, this new art complex will house both traditional tine arts and commercial tine arts. 'I he project consists of combining cast -in- place. (AIV and steel construction. Dowling Orchard Business Park Phase I na.nnoani. t':\ The Dowling Orchard Business Park is the latest industrial project for Oakmont Industrial Group. l he first phase of the prnieet includes nvo buildings on roughly 26 acres. The larger totals roughly 550.(1(10 square ken the smaller 130.004) square feet. lure project is projected to obtain 1.1 'I'll) ('S Certification. Pacific Coast Business Park Phase I of the Pacific Coast Business Park includes 15 office and industrial tilt up buildings, on 13.8 acres. ]lie 15 buildings are comprised of nvo building types, small industrial buildings, each approximately 6.000 square feet with a clear height of 18', and the medium industrial buildings ranging from 18,014) to 214.000 square feet and a clear height of 24 . Rick Espinncn Whirlpool Corporation Pcr::s. t The new Southern California Distribution Facility for the Whirlpool Corporation is located near h1a'ch Air Force Basc in Perris. CA. Gtcompassmg over 1.7 million square feel and measuring roughly a half mile in length, the new facility is one of the largest industrial concrete tilt -up buildings in Southern California I lie accelerated schedule for the tenant improvement was just three months. and included the addition of mu, 4.000 amp elccincal dulribution set ice sysicns, over 2.3U0 warehouse light panels. a complex, photo cell and occupancy sensor lighting sysw n. 121 dock levelers, r%vo security guard stations and perimeter security. landscaping and extensive site work. bkm North Anaheim Industrial Phase 1 .lnah,m. (:A Previously the site of a 1920*s wire manufacturing facility, and a chemical plant in the 1940',. bkm Development and KPRS Construction arc transforming the 20.4 acre site into a large .14 building industrial park. The Korth Anaheim Indstrial project will span oso phaseb. The first 22 freestanding industrial buildings will consist of musty twu -stun office buildings ranging from 3,11111 sq ft. to 26,400 sq. fl. % Party City Nlcrcna Fallen( A Build oul of a new 15,000 Sq. Pt. retail location for Part' City, valued at 55000M. Grevstone Industrial Park 'Ilse new Greystone Industrial Park is a 3 building concrete tilt - up project totaling roughly 371,000 square feet. The largest of the buildings is 200.00 square feet, with the remaining mo buildings sized at 100.000 and 70.000 square 1Cct each. Situated on IR acres of land ufl the 60 Gcewav and Milliken Ave, in Ontario, it is located the heart of the Inland Empire's ongoing growing business and industrial community. Perris Distribution Facilitv I'e:l, ( A the new Perris Disrihution Facilitc located near March Air Force Base in Perris. CA. is one of the largest industrial concrete lilt -up buildings in Suutltcm California. and the largest single huilding KPRS has ever built under one mnf. Encompassing over 1.7 million square feet, the new complex will serve ab a major distribution huh for the incoming tenant. The building measures 1 2 mile in length. RICK ESPINOZA Project Manager Rick Espinoza 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Joel H. S t ens_by , being first duly sworn, deposes and says that he or she is -- Eresi.dent. of t' r. >gs cons -r. c o S �yl , G. T� 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 direly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not direly 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 segue 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 colkisive or sham bid. I declare under penalty of perjury of the laws of the State RFRS Cons ruction Services, _nc. Bidder Signature/Tille is true and correct. President Subscribed and sworn to (or affirmed) before me ob this 12 day of February , 2009 by �- t'l U personally known to me or proved to me on the basis of satisfactory evidence to be person who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public (SEAL] 3 3c�1 My Commission Expires: �h ' BRIE ELIiABE111 VI U LOVO6 Commlulon / 1723381 IL Notary ►abut - COIlfornlo Orange County 12 MyC,0ffM ppYwfeb3, 2011 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 DESIGNATION OF SURETIES Bidders name KPRS Construction Services, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Safeco Insurance Company of America .... C /O. .Aor. 1901 Main Street . .Suite Irvine, CA 92614 Mike Parizino - (949)608 -6300 . Banding_. -S ur et.y LBr.Qke r Bid Bond Performance_. Bond_. Payment Bond ABD Insurance & Financial Svcs. Insurance Broker 21250 Hawthorne Blvd., Suite 600 Torrance, CA 90503 Greg Martin (310)543 -9995 General Liability Ins. National Fire Insurance Co./ Hartford Automobile Ins. Continental Insurance Worker Compensation National Union Fire Insurance/ PA Employer's Liability National Union Fire Insurance /PA Excess /Umbrella Liability American Guarantee Liability Ins. Co. 13 E1i��_►_1 January 9. 2009 Re: KPRS Construction Services. Inc. Contractor To Whom It May Concern: We at Aon Risk Services, Inc. have the pleasure of handling KPRS Construction Services, lne.'s bonding requirements through Safeco Insurance Company of America which carries an "A° rating by A.M. Best and is listed in the Department of 'treasury Federal Register with underwriting limitations of $115.540,000. KPRS Construction Services. Inc. is an organization that has in the past obtained construction contracts in excess of $35.000.000. with an aggregate - bonding program of $115.000,000. Our investigation of this firm clearly indicates a company thoroughly versed in the construction industry with a great depth of experienced people who have become well known for their ability to complete jobs on schedule and within budget, complemented with excellent workmanship. We have found their relationship with contractors and suppliers to be far above average. which )�+r feel is of great importance to a well -run project. We understand that KPRS Construction Services, Inc. is desirous of becoming pre- qualified by your organization. Based upon our normal underwriting conditions being prevalent, if we are requested by our client to execute a faithful performance and labor and material bond, as required by the terns of any contract awarded to them, we can foresee no difficulty in fulfilling such a request. Final approval of such bonds. however, would be subject to review and approval of the contract terns and conditions (including bond forms) and confirmation of full project financing. 'I his letter is not an assumption of liability, nor is it a bid bond or performance bond. It is issued only as a bonding reference requested by our client. If we can provide any other assurance or assistance, please do not hesitate to contact us. Safeco Insurance C'ompam' of America Mike Parizino, Attorney-in-Fact 0 POWER It OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9675 0 Saraee Insurance Company of America Genwal klauranos Company of America .Salem Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ` *RHONDA C. ABEL: JERI APODACA; LISA K CRAIL; LINDA ENRIGHT, JANE KEPNER NANETTE MARIELLA- MYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER, Irvine, California"" "...e''ee'eeee' its We and Iawlul attcmey(s)- m.fact, with full authority to axeale on its behalf fidelity and surety bonds o undertakngs and other documents of a Smaller Character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and aftested thew presents. this 4th C� e• . day of November 2008 Edmund C. Kenealy- Secretary Timothy A. Mikolalewaki, Vice President _ CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the Resident, any Vioe President, the Secretary, and any Assistant Vice President appointed for that purpose by he officer in charge of surety operations. shah each have authority to appoint individuals as attomeys4n -fad or under other appropriate titles with "hop dy to execute on behalf of he company fidelity and surety bonds and other documents of similar charader issued by he company in the course of its business... On any instrument making o evidencing such appointment. the Signatures may be affixed by facsimile On any instrument oenfernng such authority o on any hand or undertaking of the company, the seal or a facsimile thereof, may be impressed or affixed a in any other manner reproduced: provided, however, that the seal snail not be necessary to the validity of any such instrument a undertalung' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted.b* 28.1970 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. l The provisions of Article V. Section 13 of the By -Laws. and A copy of the ppwervl- attorney appontment, executed pursuant thereto, and (fii) Certifying that said lower -Dl- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, Edmund C. Keru aly , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby ceflity hat the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this JAN 0 9 2009 day of SEAL r ��E w SEAL A K � Edmund C. Kenealy, Secretary Sa!ecaS am the Santo logo are reg stww vacen,arxs d Safern Corpwriun S.C9740S 10919 WEB PDF Client#: 64536 ACORD. CERTIFICLW OF LIABILITY INSUWNCE DATE 8°°"""' POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR ts PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Lines ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABD Insurance & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 21250 Hawthorne Blvd., Suite 600 4014290123 12/15108 Torrance, CA 90503.4110 INSURERS AFFORDING COVERAGE NAIC 0 INSURED INSURER A National Fire Insurance Co./Hartford 20478 KPRS Construction Services, Inc. INSURER B American Guarantee Liability Ins Com 2850 Saturn Street : NSURER C National Union Fire Insurance/PA 19445 Brea, CA 92821 INSURFRn' Continental Insurance NSURERE MEO EXP [Any one person{ COVERAGES THE POLICIES or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER TXKUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LMRS A GENERAL LIABILITY 4014290123 12/15108 06/15110 EACH OCCURREN(:& $1 000 000 X C1MM&RCIAI GENERAL LIABILITY DAMAGE TO RENTED S100,000 CI AIMS MAO& 51 OCCUR MEO EXP [Any one person{ $5,000 PERSONAL 6 ADV INJURY S1,000.000 GENERAL AGGREGATF s2,000,000 GFN1 AGGREGATF. I IMIT APP[ IFS PFR PRODUCTS - COMPSTP AGG s2,000,000 POLICY X PR[T IOC D AUTOMOBILE X LIABILITY ANY AUTO 4014290168 12/15108 06115/10 COMBINED SINGLE LIMIT IEAxclhmll $1,000,000 BODILY INJURY IF.P,' i S ALL OWN &U AUTOS SCHEDULED AUTOS X BOnll Y INJURY (Pm Apc I) $ HIRFDAUTOS NON OWNFD AUTOS X PROPERTY DAMAGE Ipw IK LKK.I) $ ..-- -... —_ GARAGE LIABILITY AU100NLY EAACCJULNI $ OTHFR THAN LA ACC $ ANYAUTO $ AUTO ONIY AGG B EXCESSRJMBRELLALIABILITY AUC5945547 12/15/08 12/15/09 EACHOCCURR¢NC& 530000000 OCCUR ❑ (:[AIMS MAD& AGGREGAIF 330 DDO GOO 5 S DEDUCTIBLE S RETENTION S C WORKERS COMPENSATION AND 3426601 10/01106 10/01/09 X WC STATV7 OTH. TORYLIMITSF EMPLOYERS LIABILITY ANY MiOPRIFTORIPARTNERJEXECUTNE EL EACIHACCIOENI $1,000,000 EL DISEASE to EMPLOYEE $1000000 OFFICERRAEMBLR EXCLUDED' / M u UM SPECIAL PROVISIONS tAr .v EL DISEASE P ICY LIMIT $1,000,000 OTHER DESCRiTKIN OF OPERATIONS I LOCATIONS I VEHK:LE3l EYCLUSIONS ADDED 8Y ENOORSEYENT I SPECIAL PROVISIONS FOR EVIDENCE OF COVERAGE FOR EVIDENCE OF COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VIILL ENDEAVOR TO MA L —_Iq- DAYS W WTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KOO UPON THE INSURER. RS AGENTS OR T�II`v- r ACORD 25 (2001 /08) 1 of 2 #S1115628/M1115627 M2H o ACORD CORPORATION 1988 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name KPRS Construction Services, Inc. Record Last Five (5) Full Years Current Year of Record Amount of Contracts (in Thousands of a' No. of fatalities No. of lost Workday Cases Current Record Record Record Record I Record Year of for I for for for for Record 2007 2006 2005 2004 2003 Total 2008 131 284 243 155 120.3 137 163 $93.0 1,113 $768.9 $120.0 1$178.9 $163.5 $93.2 Millionl M M M M M M x 0 0 1 0 1 0 1 0 ; 0 1 0 1 0 1 1 ! 1 0 1 0 1 0 No. of lost workday cases involving permanent transfer to another job or termination of 1 1 1 1 0 0 0 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. 14 0 0 Legal Business Name of Bidder KPRS Construction Services, Inc. Business Address: 2850 Saturn Street _ Business Tel. No.: (714) 672 -0800 State Contractor's License No. and Classification: 751130 a Title President 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 Data 2 Title P Signature of_, ime Secretary _ Signature of bidder _ Date _ Title Signature of bidder _ Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all of the partners/joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. �ea� E Qk kacVvP t . 15 ACKNOWLEDGEMENT State of CALIFORNIA County of C )y-G -> a'a- On �LA \\Q ZbQq before me, Brii personally appeare LJ ` c--iV-enS\DU d -- who proved to me on the basis of satisfactory ev idence to be the person(s) whose name(s) js�/are subscribed to the within instrument and acknowledged to me that e /sye /they executed the same in h�/Vr /their authorized capacity(ies), and that by /Vis /I�r /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRIE ELIZASM VILLALOVOS Comm WrMFSS my hand and official seal. N Wlon r assa 1 otary Public • California la Orange CounfV pp n p Notary Seal mm MyCa.E0eaFebJ, 2011 �Strs . X oN �an,.. vormv ftnnO OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an authorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAI. NJ CORPORATE OFFICER ❑ PARTNER(S) ❑ A"ITORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENCCIY(IES) _�PQ -S Ccm�uc�i�rn seYVI CiS 11ac DESCRIPTION OF ATTACHED DOCUMENT COnk'r cNpU tS \Y,d.,.,g yi 4 Tr1'LF.OR TYPE OF DOCUMENT SCL.��� �Cpld NUMBER OF PAGES b,f\,k0.Yk,A 12-, ZUU"1 DATE VMRNT RIGHT THIMPRW OF SIGNER OTHER 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 ACKNOWLEDGEMENT OF ADDENDA Biddersname KPRS Construction Services, Irc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No _ 1 2 _�... . A Date Received 1/26/09 W re 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 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: KPRS construction services, Business Address: 2850 Saturn Street Brea, CA 92821 Telephone and Fax Number: T: (714) 672 -0800 F: (714) 672 -0871 California State Contractors License No. and Class: 751130 B (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/26/1998 Expiration Date: 6/30/2010 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: Lev Rabinovich -Vice President Assaf Nachshon - Director of Preconstruction 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 Joel H. Ster.sby President 265C Saturn Street, Brea, CA 92821 714- 672 -0800 Lev Rabinovich V.President 2850 Saturn. Street, Brea, CA 92821 714 -672 -0800 Paul Kristed;a V.President 2850 Saturn Street, Brea, CA 92821 714- 672 -0600 Corporation organized under the laws of the State of Nevada 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Not Applicable All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: KPRS Construction Services, Inc. KPRS Hawaii Construction Inc. 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; Not Applicable Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. IM Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for Iab9c.Fompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes No 18 • 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. Bidder Joel H. Stensby (Print name of Owner or President of g4rporation /Company) Au a iz e ident _ Tit - 2/12/09 Date Once U'a" 12200 before me, �)(12.. J�uIOVUS Notary Public, personally appeared _\�O>ei who proved to me on the basis of satisfactory evidence to be the personW whose nameV) is /We subscribed to the within instrument and acknowledged to me that he4e /toy executed the same in his /h�Rtf 4iir authorized capacityg6s), and that by hisftor /tF 6ir signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Bair E- - - -H vi+ - - - - Commission t 1727781 Notary PU011C - California Orange County (SEAL) hrycarr,m.Expiresfeo 9.2011 Notary Public in and for said State My Commission Expires: T f.-\D . --2), ac I \ 19 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the 'Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned 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. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company s forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 20 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 CONTRACT THIS AGREEMENT, entered into this 'lrriday of 2009, by and between the CITY OF NEWPORT BEACH, hereinafter 'City,' and KPRS Construction Services, Inc., a Nevada corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OASIS SENIOR CENTER REBUILD - City Contract No. 3888: which includes demolition of an existing senior center, site clearing and grubbing, grading, utility disconnects, relocation and reconnection, construction of an approximately 36,600 square -foot new senior center, design and construction of a significant retaining wall, as well as all associated parking lot, landscaping and site improvements to be constructed on the 4.9 acre site of the existing OASIS Senior Center at the comer of Marguerite Ave. and 5r" Avenue in Corona Del Mar. The building shall be certified with a minimum LEED Silver rating. WHEREAS, 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, City and Contractor agree as follows A. 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3888, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the 'Contract Documents'). 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. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and fumish 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 fumished 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. 21 0 0 C. COMPENSATION 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 Eleven Million, Forty -Seven Thousand and 001100 ($11,047,000.00). In addition to this amount, should the City elect to take any or all of the tree alternative bid items as described in the bid package and as bid by the contractor, said above compensation shall be adjusted up or down by the indicated amount. This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS 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 the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the city in strict conformance with the Tort Claims Act (Government Code 900 et Seq.) E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Kim Harvey (949) 250.1500 ext 1094 CONTRACTOR KPRS Construction Services, Inc. 2850 Saturn Street Brea, CA 92821 714- 672 -0800 714- 672 -0871 Fax F. 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 Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of 22 insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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' Rafing 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. 4. Coverage ReQuirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees 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 the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. General Liability Coverage for subsidence up to the full limits shall also be included (coverage for any subsidence can not be excluded from the General Liability policy). If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars (51,000,000) combined single limit for each occurrence. 23 0 0 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers. agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall Contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 24 0 E Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s): which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof, for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 Contractors work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless. and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited lo, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract, (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. 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. 25 0 0 5. Nothing in this article, nor 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 in H 3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. Print Na (Financial Officer) Title' Print Namet��. I�L��IkG Please note: Corporations must complete and sign both places above even if each office is held by the same individual I 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD Executed in Four Counterparts Premium Included in Performance Bond BOND NO. 6492220 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Ceunc'I of the City of Newport Beech, State of California, by notion adopted, has awarded to KPRS Construction Services, Inc., herelnefter designated as the "Principal,' a contract for construction of OASIS SENIOR CENTER REBUILD, Contract No, 3688 in the City of Newport Beach, in strict OdnfOrMlty with the plans, drawings, specifications and other Contract Documents In the office of the Public Works DepeNnent of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal hoe executed or is about to execute Contract No. 3888 and the terms thereat require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shell fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will paying same to the extent hereinafter set forth: NOW, THEREFORE We the undersigned Principal, and, Safeco Insurance Company of America duly author,zed to transact busness under the laws of the State of California, as Surety, (referred to herein as 'Surety) are held finely bound unto the City of Newport Beach, In the sum of Eleven Million, Forty-Seven Thousand and 001100 ($71,047,000.00) lawful money cf the United States of America. said sum being equal to 100% of the estimated amount payable by the City of Newport Beads under the tenha 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 n the Principal or the Principal's subcontractorq, 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 arty kind, of for amounts due under the Unemploymem 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 smpbyees of the Pr:ndpel end subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also. In case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by tho provisions of Section 3250 of the Civil Code of the State of California. 27 0 0 The Bond shell Inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the CSIVGrT la Civil Code so as to give a right of action to them or their assigns In any salt brought upon this Bond, as required by and in accordance with the provisions o! Secfons 3247 at seq. of the Civil Code of the Sate of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or addflfona to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the some shall in any wise affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, aterstons or additions to '.he terms of the Contract or to the work or to the specifications, In the even; that any principal above named executed this Bond as an individual, It :a agreed that the death of any such principal shall no, exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been Principal and Surety, an the 25th day of February KPRS Construction Servlces, Ins. pal) S_ateco Insurance Company of America Name of Surely 120 Vantis Aliso Viejo, CA 92656 Address of Surety (949) 860 -6605 Telephone exec.led by the above named 2009. Jeri Apodaca, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF GONTRAGT0R ANo SURETY MUST 8E ATTACHED 28 0 0 ACKNOWLEDGMENT .............. ... ........ ..a.......................... 4................... I.... State cf California County of Orange ) ss. On February 25. 2009 before me, Rhonda C. Abel, Notary Public, personally appeared Jeri ADOdaca Proved to me an the bask of satisfactory evidence to be this person(s) whose name(s) Were subscribed to the within Instrurnant and acknowledged to me that helshelthey executed the same In hifterAhelr authartmd capacity(ies), and that by htslher /their signatures(s) on the instrument the psmon(s), or the entty upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of CelNomie that the foregoing paragraph is true and correct. WITNESS my hand and officia! seal. O RCCOOM Di ABEL Q NOTARY PUKIC.CAUFORMA0 ORANCECOUNfY COMM. 2lpp �-�j v Sigralure t�l .................... . ..................... . a ............ ....................... OPTIONAL INFORM "ON Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evleance: _Personally Known. with Paper Identification PaperldenORcaten Credible W:tness(es) Capacity of Signer: Trustee _ Power o` Allorney —CEO I CFO ICOO President / Vice- Presldonl I Secrmory f Troacurer _ Omer: Other Information' 29 Thumbprint of Signer 1] d+e�:iara ih � tnumbpMt orflnatMrhnl 'm avallaa;e. 0 ACKNOWLEDGMENT 0 ......................................... ............................... a...... State of Calif ' County of I as. On before Public, personally app red bP Notary proved b me on the basis of satisfactory evidence to be the per") whose namo is /are subscribed to the within instrument aid acknowledged to me that el>yN;a ay executed the same In his/her /their authartzed capecltyppi), and that by hlslp660air signaluresiffi) an the Instrument the personf). or the entity upon behatl of which the persanA acted, executed the instrument I oerUfy under PENALTY OF PERJURY under to lawn of the State of California mat Ire foregoing paragraph is true and correct. VVITIVESS my hand and official Seal. BRIE fUZASM VILLALOVO" CommlUlon 1 1723361 Notary Public - California ; orange W I - MyCa rim. Fgeet Feb 3.2011 SigneNre . (saw) ................................................ ............................... OPIrIONAL INFORMATION Data or Document Thumbprint of Signor Type or Title of Document Number of Pages in Document Document i1 a Foreign Language Type of Satisfactory Evidence: _ Porsonelly Known with Paper Identification _ Paper Identification Cradble Wltnass(es) Gna nweir Capacity of Signer. no Uwntoort —Trustee or rryevnN Power of Attorney 4 resume. CEO I CFO /Coo —� PresideotIViee- PrealdentI Secretary ITreasurer Other. Other lr10.1malior: BR 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 BOND NO, 6492220 0 Executed in Four Counterparts Premium $79,759.00 The premium charges on ffus Band is $ 79,759.00 ng bei at the rate of $ 12.65/m first $500,000. ' thousand of ft Contract price. $8.80 /m next $2,000,000. $7.15/m next $2,500 000.; $6.60 /m next $2,500,000.; $6.05/m over $7,500,000. WHEREAS, the City Council of the Clty of Newport Beach, State of California, by motion adopted, awarded to KPRS Constrvelon Services, Inc -, heretnafter designated as the 'Principal', a contract for construction of OASIS SENIOR CENTER REBUILD, Contract No. 3688 In the City or Newport Beach, in stdct oonformhy with the plans, drawings, specificatbns, and other Contract Documents maintained In the Public Worica Department of the City of Newport Beach, all of which are Incorporantl herein by this reference. WHEREAS, Principal has executed or Is shout to execute Contract No. 3888 and the terns thareof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principe!, and Safeco Insurance Company of America duly authorized ID transact business under the laws of the State of Carifornia as Surety (hereinafter "Surety), are held and firmly bound unto the City of Newport Beach, in the sum of Eleven Million, Forty -Seven Thousand end 0W100 ($11,047,000.00) lawful money of the United States of America, said sum being equal to 100"x, of the eslima%d amount of the Contract, to be polo to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our helrs, 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, admnistrators, successors, or assigns, fall to abide by, and welt 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 prmAdleo on its part, to be ke ;t and performed at the time and in the manner therein specified, and in all respects according to Its true intent and meaning, or falls to Indamniry, darand, and save harmless the City of Newport Basch, its officals, employees and agents, as therein stipulated, then. Surety will faithfully perform the same, in an amoum not exceeding the sum specified in this Bond; otherwise this obligation shad become null and void. 31 As a pert of the obligation secured hereby, and In addition to the face amount spmMed in this Performance Bond, them shall be included costs and reasonable expanses and fees, incx,dng reasonable attorneys fees, Incurred by the City, only in the event the City is required to bring an action In law or equity against Surety to eMorce the obltgetions 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 or to the specifications accompanying the same shell In any way effect its obligations on this Bond, and is does hereby waive notice of any such change, extension of lime, alterations or addNons of the Contract or to the work or to the specifications. This Falinful 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 the City. in the event that the Principal executed this bond as an Individual, It is agreed that the death of any such P'inclpal shell not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by ;he Principal and Surety above named, on the 251h day of February i V09. KPRS Construction Setvlcea trr (Principal) Safeco Insurance Company of America Name of Surety 120 Vantis _Aliso Viejo, CA 92656 Address of Surey (949) 860 -6605 Telephone Jeri Apodaca, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMPNTS OF C NTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT 0 ........................................ ............................... a . . . . . . . Stale of Caliromia County of Orange } as. On February 25, 2009 before me, Rhonda C. Abel Notary Public, personady appeared Jeri Aoodaca proved to me or. the basis of satisfactory evidence to be the parsons) whose name(s) islare subscribed to the within Instrument and acknowledged to me that halshalthey executed the same In hislher/thelr authorized capactty(les), and that by hwherltheir signaturas(s) on the instrument the persor> s), or the entity upon behalf of which the person(s) acted, executed the irsfrument. I certify under PE14ALTY OF PERJURY under the laws of the State of CalNomll that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. RHONDA C. ABEL V CO.w.t. a 1597Y.a ; NOtART PUBtIGCAUrORNIAO OfUNGE C011Niy n CO10 IXP. AUC. 9. 1009" S!gnature UM) ......................... ............................... a . . . . . . . . . 0............ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document a Foreign Langune Type of Satisfactory Evidence: Personally Known with Paper Identllcation Paper Identification Cred'ble Witness(es) Capacity of Signer Trustee XX Power of Attorney _ CEO / CFO J COO President I Vi President l Secretary / Treasurer Other. Other 33 Thumbprint of Signer 1] crrdc nme a r o Ihumopxm or PAwrwW IV evaaWL • ACKNOWLEDGMENT E ....................pre.0....................... .......................Y......, Stet@ of C County O! as. On LLa beftnat m@ VC V UV Notary Public, personally appee who proved to me on the basis of satisfactory evidence to be tfie person VI whose namW) islr)(b subscribed to Ute within instrument and acknowledged to me that helapt°lt ey executed the same in hislt Motir authorized cepec:t0pill), and that by hWhdr)tVir signeture4s) on the :nstrurnert the person(f), or the entity upon behalf of which the person(,) acted, executer: the Inslrument I certify under PENALTY OF PERJURY ,ruder the laws of the Slate of Calltomle Chet the foregoing paragraph is true and correct WITNESS my hand and offlcW seal. WE ELIZABETH VILLALOVOS Commissions 1723381 IL Notary public - California �► Q�n (1 � WC Orange County i Y Y QI Omm.EVwF@b3.2011 Signature loop ................................................ ............................... OP7fONAL INFORMAT ION Date of Ducument Type or Tde of Document Number of Pages in Document Document in a Foreign Language Type of 581151ectory Evidence: Personally Known with Pacer Identftallon Paper Identification Credible Witness(es) Capacity of Signec Trustee Paver cl Attorney CEO I CFO /COO Pras:dent / Vice- Presldent I Secretery 1 Treasurer `Other, Other Information: 34 Thumbprint of Signer ❑ Chem here 11 M 111 nbpiinl « anprprnl Is avaitatle. 0 POWER Mu OF ATTORNEY No. KNOW ALL BY THESE PRESENTS: 9675 0 Safeco Insurance Cwnpany of America General Insurance Company of America 1001 d:h Avenue Suns 1700 Seattle. 'NA Sa' fM That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * *RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLAMYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California " "" ° " " "' "' "` " " " " " " " "` " " "' " " "' Its true and Lawful aftomey (s)- in-fact, with full authority to execute on its behalf fidelity and surely bonds or undertakings and other documents of a similar character issued m the course of its business. and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these Presents this 28th January 2009 day of — f X* a l p%fYl �• <a Ear 1 I < Dexter R. Leila, Secretary Timothy A. Mlkolaiewskl, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. -FIDELITY AND SURETY BONDS the President. any Vice President, the Secretary. and any Assislanl Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Inclivduals as attomeys -in- fact or under other appropriate idles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of Its business... On any inst ument making or evidencing such appointment. the signatures may be affixed by facsimile On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed ar affixed or In any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2a. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V. Section 13 of the By -Laws, and (ttf A copy of the power -of- attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of- attorney appointment is In full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof. I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby candy that the foregoing extracts of the By -Laws and of a Resoluton of the Board of Directors of these corporations. and of a Power of Atlomey issued pursuant thereto. arc btm artl correct. and that both the By -Laws, thu Resolution and the Power of Attorney are still In full force artl effect IN WITNESS WHEREOF, I have hereunto set my hand and aff ixed the facsimile seal of said corporation SEAL .© this 0 2 5 2009 day of CORPOPM T SEAL L x Al �X* arkjj Dexter R. Legg, Secretary $, Inrnfri artl t "c Sa4¢o loco are •�tmad Lamzmarks of Sareco C(R ralmrl S- 09741US IAt9 1NEU PDF Clientlt: 8406 KPRSCONST ACORD- CERTIFIC E OF LIABILITY INSU NCE 03/17/' 9°° ""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Lines ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo of CA Ins Services Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 21250 Hawthorne Blvd., Suite 600 LIMITS A Torrance, CA 905034110 INSURERS AFFORDING COVERAGE NAIC e INSURED KPRS Construction Services, Inc. 2850 Saturn Street Brea, CA 92821 INSURER National Fire Insurance Co.IHartford 20478 INSURER R. American Guarantee Liability Ins Com INSURER C National Union Fire Insurance /PA 19445 NSURERO Continental Insurance ';SURER E DAI.IAGE TO RENTED 1100 ,4300 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SVCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DA MON POLICY EXPIRATION AT O.W LIMITS A GENERAL LIABILITY 4014290123 12115/06 06115110 EACH OCCURRENCE $1,000,000 X COMMERCALGF,NERA_LIASILIIY DAI.IAGE TO RENTED 1100 ,4300 CLAIMS MADE O OCCUP MEO EXIT IAPY ono Fendn) S5,000 PERSONAL AAOV INJURY $1.000,000 GENERAL AGGREGATE 12.000.000 GEN'L AGGREGATE LIMIT APPOES PFR PRODUCTS. COMP100 AGO $2.1100.000 POJC/ X JPRO LOC D AUTOMOBILE X LIABILITY ANY AUTO 4014290166 12115106 06115110 COMOINED SINGLE LIMIT LEawocKn1) 71,000,000 BODILY INJURY (Pe' PC'.) S ALL OWNEOAVTOS SCHEDULED AUTOS X X tlOUILY INJURY (Pe, Modem) 7 HIRED AUTOS Nov.oWroeD AULDs PROPERTY DAMAGE (Pei raker.:) T GARAGE LIABILITY AUTO ONLY ACCIDENT S OTHER THAN FA ACC 1 ANYAUTO S AUTOONLP AGG B ExcESSIUMBRELLALIABILITY AUC5945547 12/15/06 06/15/10 EACH OCCURRENCE 79000000 X OCCUR O CLAIMS MADE AGGREGATE %9.000.000 S S OFDUCIIBLE $ RETENTION 1 C WORKERS COMPENSATION AND 3426601 10101/06 10/01/09 X WC STATV OLH EM►LOYERS'LIABILITY ANY PROPRIETORNARTNERIEXECUTIVF. E: EACH ACCIDENT 31,DOO DDD E U DISEASE EA EMPLOYEE 611,000 ,000 OFFICERIIAEMBER EXCLUDED? U yes, deforOe Hnd. SPECIAL PROVISIONS below E I. O:SEASE POLICY LIMIT 1 $1,000,000 A OTHER Property Inl 4014290073 12/15108 06115110 $250,000 Leased /Rented I Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS REPLACES PREVIOUSLY ISSUED CERTIFICATE. RE: Oasis Senior Center Rebuild - City Contract No. 3688. The certificate holder; its elected or appointed officers, agents, officials, employees and volunteers are to be covered as additional (See Attached Descriptions) City of Newport Beach Public Works Department Attn: Kim Harvey 3300 Newport Boulevard Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL In DAYS W RrrTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. In AGENTS OR 'T`� ACORD 25 (2001108) 1 of 3 #S1126622/M1124645 KPRSCONST M2H 9 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25.5 (2001108) 2 03 #51126622IM1124645 .:DE ... IPTIONS Con�tinuedfram e1 � . insureds with respects: liability arising out of activies performed by or on behalf of Contractor with respects to general liability per the endorsement attached. Primary non - contributory wording included, waiver of subrogation with respects to general liability per endorsement attached. Workers Compensation waiver of subrogation per the endorsement attached. AMS 25.3 (2001108) 3 of 3 NS1126622IM1124645 0 POLICY NUMBER E COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement mcdifies insurance provided under the following COMMERCIAL GENERAI. LIABILITY COVERAGF PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)! Location And Description Of Completed Operations Information required to complete this Schedule• if not shown above, w :'I be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or ",property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of !his endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 u ISO Properties, Inc., 2004 Page 1 of 1 ❑ • • POLICY NUMBER. COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the foliowingg COMMFRCIAL GENERAL LIABILITY COVF.RAGF PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) 07 organization(s) shown in the Schedule, but only with respect to liabi'ity for "bodily injury", "properly damage" or "personal and advertising injury" caused, in whole or in part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(&) denig- rated above B. With respect to the insurance afforded to these additional insureds, the following addit,onal exclu- sions apply. This insurance does not apply to "bodily injury" or .'property damage' occurring after: 1. All work., including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its in- tended use by any person or organization ether than another contractor or subcontractor en- gaged in performing operations Icr a principal as a part of the same project. CG 20 10 07 04 Q ISO Properties, Inc., 2004 Page 1 of 1 ❑ Construction Policy# 4014Z90123 Effective 1 * /08 G- 140331 -A99 A(National Fire Insurance Co. /Hartford) (Ed IC /O1) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement is not affected by an entry or lack of entry In the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, .including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage,' or 'personal and advertising injury.' B. The insurance provided to the additional Insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. Tile Limas of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract' under DEFINITIONS (Section V) do not apply to "bodily injury" or 'property damage" arising out of the "products - completed operations hazard" unless required by the written contract or written agreement. G- 140331 -A99 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or 'personal and advertising injury" arising out of an architect's, engineers, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit' to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured Page 1 of 2 • G- 140331 -Agg (Ed. i0101) has for a loss we cover under this to defend the additional insured against Coverage Part. any "suit" if any other insurer has a duty to defend the additional insured against f. We have no duty to defend or indemnify an that "suit.' If no other insurer defends. additional insured under this endorsement we will undertake to do o, but will until we receive written notice of a claim or be entitled to the additi onal ur "suit" from the additional insured. ure rights against al) these other insurers. . 1. Paragraph 4.b. of the Other Insurance Condition When this insurance is excess over is deleted and replaced with the following: other insurance, we will pay only our 4. Other Insurance share of the amount of the loss, if any, that exceeds the sum of: b. Excess Insurance (1) The total amount that all such other This insurance is excess over an other y insurance would pay for the loss in insurance naming the additional insured the absence of this insurance: and as an insured whether primary, excess, contingent or on any other basis unless (2) The total of all deductible and self - a written contract or written agreement insured amounts under all that specifically requires that this insurance other insurance. be either primary or primary and We will share the remaining loss, if any, noncontributing to the additional with any other insurance that is not insured's own coverage. This insurance described in this Excess Insurance is excess over any other insurance to provision and was not bought which the additional insured has been specifically to apply in excess of the added as an additional insured by Limits of Insurance shown in the endorsement. Declarations of this Coverage Part. When this insurance is excess, we will have no duty under Coverages A or B G- 140331 -A99 Page 2 of 2 rFd 10!011 0 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (Tho following - atwhoki clause" new tx? rorn.pieted oily when this endurseinent is issued subsequent to preparalori of [lie policy). This endorsement, effective 12:01 AM 02/25/2009 forms a part of Policy No. WC 003-42 -8601 Issued to KPRS CONSTRUCTION SERVICES, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Premium 250 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.0 otherwise due on such remuneration. Schedule Person or Oroanization CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 PREMIUM TO BE ASSESSED AT 5250 MINUMUM PREMIUM OR 5% OF THE TOTAL PREMIUM DEVELOPED AT AUDIT PER CERTIFICATE HOLDER WC 04 03 06 (Ed. 04/84) Countersigned by % of the California workers' compensation premium Job Description PROJECT: OASIS SENIOR CENTER REBUILD - CITY CONTRACT /3888 Authorized Representative �� �� �� �� Fax ft `w� �~~ CERTIFICATE OF INSURANCE �����~�UU�� �~""�~��"��'"�" City mfMJewpoxlBeach This cimck|.si/�, cowpomcdofn.'|mnxnvoisv-3voimrV!.)v IN! C/|y'`(NcwnnrtReach. Date. Received " I|'. 1,'1 Dcyt Cvn|^c�|hzc/«x!�xw/. 'Shakma/»i��__ Dxk!Coo.p;rt,v i )u, 3�/�u �1uo.. |.` By |ox`o,/k.^� Compao).:Po/soc,cqv/rcc\n have cert'|/ca|p. lw/!>o`"/`. III, . | 6FNFFRALUA8|UTY A |NSUR8mCE[0MPANY N*`:,||,`/(�`,u,..�..`^[||^Ut`:d ' y/ R Ao BEST RAJ|NG(A. VUo/g'eoior) .\1�\ C 8Dkl|TTE0 Company (Must brCo|/k/roivAd*^icd) |sCox,ovoy admitted irCo|ifo'mx, Yes FlNo |) LIMITS (Nv�ibo$1Moryrc,�Ior) si/m/iyx/v/'!'x|') \[oIKI:S2!J>|_ E PRODUCTS 8NVC0WPiFTFD()PE:KA||VNS(kljut /pdoUe) |S/tmc|vVed! NYvs | lmo 1- ;\UD|T|ONAi|mSUR|DVY0RU|N(�|0|mCLUUF(Iho City its Officers. oywo:�eoo o���,sa,c.,ok/n(ccr,�) |s/1 nc|udeVv Yes :No G P|VNARY& NON CON |K||>V|OKY WORDING (8vstbc wdudcd):|s/t/nc|uUod') F.Ye� No H CAUTION' (Confirm |na\ loss u/|/ab!|«yof�!*ovw^V insured o not |'*itn1so|d;!)/ma/r [kx!/ codorson/rmmuudc' solely ,y | |Yeu ONO i NOTIFICATION 0F CANCELLATION A|Uhou(pohc'euo|"vv/SiooIko|requires nolitic;ition of caricellotion by cerlified mail. pw L.;itiren Fnrley: the City will accept The eodea,orworxo`S || AUT0M8b|LFi|AU|i|7Y A |NSUAAN(,[C0NPANY N.\ D /\N BLS | PAT |NG(A VII o/Areoie/> A \ V C ADN|TT[D COMPANY (MxuhcCaHomia AVmmc4) |s Company acm#odmCx|`fo/mu) 0Yes C) No D LIMITS (Must the 6lMmm O|8P0»cUS�00OOVUki) VVxa�ic;|mw�|,/ov/deo') [ AUU|l|UNAL INSURED WORDING l0 INCLUDE (The City its officers, offwo|g, employees ao(: vo|oxoo/s)b/(iodudrV'? [x0Ycs No F� PRIMARY 8 NON-CON [K|bU| CRY WORDING (For Waste ||nv|e./%oo|y). |S/tinduUod?N0\ kjYes 0 N0||F|[AT|0N0FCANCFiLAT|0N Although there iso provision (ha\requires oo(|hcotwoofx000cUoUonbyccmhcVmn|.perioorvoFadey.\heCi|ywN|acc*y|\he endeavor wording • III WORKERS COMPENSATION A INSURANCE COMPANY <at irn;c I!m.ai I ur B. AK1 RFST RATING (A VII or orP.AIP.r) \. \V C umirs SIZItUlory I.) WAIVER OF SUBROGA1ION f'ro include) I5 it inr.li.i;lHd'� HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? \I; n:yuircm�ul., appr:rt to (; Yes , No �w Yes I ) No —LsJ Xl Encompass Detail Acct. Type: Business Tax License #: BT300 ?2390 Bus. ID: 000'2102 Narne: KPRS CONSTRUC.T101I SERVICES Owner STENSBY. J•-,EL Name: Owner C Type: Exp. Date: 3131;'000 S Addy: 2850 SATURN ST S Addy 2: Addr3: P•REA CA Zip: 92321 B Addr1: 2850 SATURN ST B Addr2: B Addr3: BREA, CA. B Zp: 92'821 Phone: 714 -672 -0800 FEIN: 28,01 SEIN:1304195 Established: 2/1/_001 SIC: 1511 - GENERAL CONTRACTOR Owner #: 000'26, of Emps: 0 usr1:17520 usr2: BT01040644 j usr3: usra: usrs: us17: usr l: :tai Done •0Internet Z - - - - - - -- — « ti,; � D Wn 12:40 PM 9 Start Inbox ___ �,y�'PERMIT___ �_ ;CONTRA... TJMast2rl___ I��http: / /... California Business Search 41 0 Page 1 of 1 C. Wustiness Portal U[1 6A& State DEBRA BOX'VFN DISCLAIMER: The information displayed here is current as of FEB 13. 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation KPRS CONSTRUCTION SERVICES, INC. Number: C20397� Date Filed: 5/6/1 00 998 �IStatus: active Jurisdiction: NEVADA Address 2850 SATURN ST BREA, CA 92821 Agent for Service of Process STEVEN KRAKOWKY _ 10350 SANTA MONICA BLVD _ STE 350 LOS ANGELES, CA 90025 -5075 Blank fields indicate the information is not contained in the Computer file If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked, Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAllList ?QueryCorpNumber= C2039007 &pri... 02/17/2009 Check a License or Home IWovement Salesperson (HIS) Regi0tion - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 751130 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information. you should be aware of the following limitations. CSI-13 complaint disclosure is restricted by law (B8P 7124 6) If this entity is subject to public eompiaint discosure. a Snk for cAmplalrt disclosure will appear below Click on the Ink or button to obtain complaint andlor legs° action information Per S&P 7071 17, only construction related civil judgments reported to the CSI.B are disclosed Arbitrations are not listed unless the contractor fails to (Amply with The terms of the arbitration. Due to workload. there may be relevant information that has not yet been entered onto the &3ard's license database. License Number: 751130 Extract Date: 02/17/2009 KPRS CONSTRUCTION SERVICFS INC Business Information: 2850 SATURN STREET BREA. CA 92821 Business Phone Number: ( 714) 6172.0800 Entity: Corporation Issue Date: 0606: 1998 Expire Date: 06,30+2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: B GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND Bonding: 1 his license filed Contractor's Bond number 6032600 in the amount of $12,500 with the bonding company SURF IY COMPANY OF I HF PACIFIC. Effective Date: 01101;2007 Contractors Bonding I Imlory, BOND OF QUALIFYING INDIVIDUAL This license filed Bond Of Qualifying Individual number 6055452 for PAUL DAVID BUSE in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01101x2007 1301's Bonding Ifistory I his license has workers compensation insurance with the NATIONAL UNION FIRE INSURANCE COMPANY OF PIT ISBURGII, PA http:// www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail .asp 02/17/2009 Check a License or Home 16ovement Salesperson (HIS) Regi0ion - Contr... Page 2 of 2 Policy Number: 3428601 Effective Date: 10 %0112008 Workers' Compensation: Expire Date: 1010112009 Workers' Compensation History Pcr Sonnel listed on this 'icense (current or disassociated) are licled on other Iiconsee, Conditions of Use • Privacy Policy Copyright's) 2009 Stale of California http:// www2. csIb. ca. gov/ OnIineServices /CheckLicense /LicenseDetai1.asp 02/17/2009 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 January 26. 2009 DATE: BY: % -;— z J/ l�blic orks Director TO: ALL PLANHOLDERS Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. fa 0 2 2009 f :lusers\pbwtsharedlcontractS\fy 08- 09loasis senior center c- 38Mcontracl and specs for ocb useladdendurn 1.doc 0 0 ADDENDUM A OASIS SENIOR CENTER NEWPORT BEACH, CALIFORNIA Contract No. 3888 JANUARY 26, 2009 I. GENERAL Pursuant to the Specifications, Instruction to Bidders, Addenda, Holders of bid proposals, contracts, and specifications and project plans of the above project are hereby directed to make the following corrections, additions, and /or deletions to any and all copies of plans and specifications in their possession. II. MODIFICATIONS TO PREVIOUS ADDENDA NIA III. BIDDING AND CONTRACT REQUIREMENTS 1. The bid due date has been changed to February 12, 2009 at 2:00 p.m. The Notice Inviting Bids has been changed to read: Sealed bids may be received by the City Clerk, In the City Clerks Office (Building B) 3300 Newport Boulevard, Newport Beach, CA 92663 until 2:00 PM on the 12th day of February, 2009, at which time such bids shall be opened and read for the OASIS SENIOR CENTER REBUILD Contract No. 3888 2. The proposal form has been revised. Please see Attachment D to this Addendum. 3. The cut -off date for RFI's will be February 5, 2009. Please submit all RFI's to Kim Harvey at GKK Works. Contact information: E -mail: {a)gkkworks.com T: 949- 250 -1500 4. A Schedule of Values has been included with this Addendum. Please see Attachment E to this Addendum. IV. SPECIAL PROVISIONS The following changes, additions, deletions or clarification shall be made to the Special Provisions section of the Project Specifications. Addendum A - 01/26/09 Page 1 of 14 0 0 Section 2 -3.2 Additional Responsibility Replace the entire Section 2 -3.2 of the Project Special Provisions with the following: 2 -3.2 Additional Responsibility The Contractor shall give personal attention to fulfillment of the contract and shall keep the work under control. 2. Section 207 -18 Polyethylene (PE) Solid Wall Pipe Add the following to the Project Special Provisions: High Density Polyethylene Pipe (HDPE) indicated on the project plans shall be HANCOR Sure -Lok ST IB Pipe (with gasket joints) and meet the HANCOR Sure -Lok ST IB manufactures specification for 4- through 60 -inch (100 to 1500 mm) HANCOR Sure -Lok ST IB pipe (per AASHTO) for use in gravity flow drainage applications. 3. Section 215 — Storm Drain Filters Replace the entire Section 215 -1 of the Project Special Provisions with the following: 215 -1 General A Contech CDS filter (Model No. 2015 -4) shall be installed into new storm drain system where indicated in the contract documents. Installation shall be per the manufacturers specifications. IV. SPECIFICATION REVISIONS The following Specification sections have been modified, deleted or replaced as noted: 1. Substitute Section 00005 Table of Contents dated 01/26/09 for previous Section dated 12/30/08. Table of Contents has been revised and updated to reflect the revisions of this Addendum. 2. Add Section 00432 Schedule of Values, dated 1/26109 This document states requirements for producing and using a Schedule of Values for administration of the construction Contract 3. Substitute Section 01100 Summary of the Project dated 01/26109 for previous Section dated 12/30108. Section has been revised as noted: Revisions include clarification of location of Construction Manager's office and reference to Audio/Visual Drawings 4. Substitute Section 01230 Alternate Bid Procedures 01/26/09 for previous Section dated 12/30/08. Section has been revised as noted: Section 1.5 Alternate Bid Procedure has been revised to eliminate the Alternate Bid No.A3- Permanent Shoring Retaining Wall. The shot -crete wall option has been eliminated and the wood lagging wall is to be included in the project as the permanent shoring retaining wall. Alternate Bid No. A3 has been revised for the Tensile Membrane Structure. 5. Substitute Section 01320 Construction Progress Documentation dated 01/26/09 for previous Section dated 12130/08. Section has been revised as noted: Addendum A - 01/26/09 Page 2 of 14 0 0 Revisions include clarification of procedure for review of construction progress documentation. 6. Substitute Section 01330 Submittals Procedure dated 01/26/09 for previous Section dated 12130108. Section has been revised as noted: Revisions include specified time for Architect's review of submittals. 7. Substitute Section 01352 Sustainable Design Requirements dated 01/26/09 for previous Section dated 12130108. Section has been revised as noted: Materials & Resources (MR) Credit 6 - Rapidly Renewable Materials has been deleted. 8. Substitute Section 01450 Quality Control dated 01126/09 for previous Section dated 12130108. Section has been revised as noted: References and requirements related to Division of the State Architect (DSA) have been deleted. Requirement for reimbursement to City for excessive costs for services of Project Inspector and Testing Laboratory have been clarified. 9. Substitute Section 01510 Temporary Utilities dated 01/26/09 for previous Section dated 12130108. Section has been revised as noted: Responsibilities for payment of charges for temporary water and temporary electricity have been clarified. 10. Substitute Section 01570 Temporary Controls dated 01/26/09 for previous Section dated 12130/08. Section has been revised as noted: Requirement for recording of existing conditions has been clarified to require recording onto Digital Video Disk (DVD). 11. Substitute Section 01571 Storm Water Pollution Prevention dated 01/26/08 for previous Section dated 12130108. Responsibility for securing and paying for permits, and for paying fines, related to Storm Water Pollution Protection Plan (SWPPP) has been clarified. 12. Substitute Section 01575 Construction and Demolition (C &D) Waste Management dated 01126/09 for previous Section dated 12130/08. Section has been revised as noted: Weight Conversion Factors for construction and demolition waste materials has been specified. 13. Substitute Section 01750 Starting And Adjusting Procedures dated 01/26/09 for previous Section dated 12/30/08. Section has been revised as noted: Article 1.5 - TESTING, ADJUSTING AND BALANCING has been rewritten for consistency, Addendum A - 01/26/09 Page 3 of 14 0 0 with responsibilities for testing, adjusting and balancing by Contractor and Commissioning Agent clarified. 14. Substitute Section 02221 Building Demolition dated 01/26/09 for previous Section dated 12/30/08. Section has been revised as noted: Demolition of deck at existing Oasis Senior Center Staff Temporary Trailers across the street from new Oasis Senior Center has been added. References have been made to Section 01575 - Construction & Demolition (C &D) Waste Management. Contractor shall be responsible for abatement of hazardous materials encountered in building demolition, in accordance with Document 00331 - Hazardous Material Survey. Extent of removal below grade for demolition of footings and foundations has been clarified. Terminology for City (Owner) and Construction Manager have been clarified. 15. Substitute Section 02230 Site Clearing dated 01/26/09 for previous Section dated 12/30/08. Section has been revised as noted: Requirement for removal and relocation of five palm trees has been added. Terminology for Owner (City) and Construction Manager have been revised and cross - references to other Sections have been corrected. Reference has been made for requirements of Contractor to remove hazardous materials if encountered, consistent with requirements specified in Document 00331 - Hazardous Material Survey. 16. Delete Section 02231 Tree Protection And Trimming dated 01126109. Scope of site clearing does not require tree protection or trimming. 17. Substitute Section 02300 Earthwork dated 01/26/09 for previous Section dated 12/30108. Section has been revised as noted: Requirement for stockpiling of topsoil has been deleted. Related Sections have been corrected. Responsibility for compaction report has been clarified. Code references have been corrected. Reference to Underground Service Alert (USA) has been updated. Terminology related to Construction Manager has been revised. Responsibility of City's geotechnical engineering consultant has bee clarified. 18. Add Section 02630 Storm Drainage System, dated 01/26/09. 19. Substitute Section 02741 Asphaltic Concrete Paving dated 01/26/09 for previous Section dated 12130108. Section has been revised as noted: Reference to asphaltic concrete paving for pedestrian traffic has been deleted. Reference to Standard Specifications Section 302 -5.1 has been deleted. Reference has been made to Grading Guide Specifications in geotechnical report identified in Document 00320 - Geotechnical Data, along with requirement to comply with the recommendations contained therein. 20. Substitute Section 02751 Concrete Paving dated 01/26/09 for previous Section dated 12130/08. Section has been revised as noted: Addendum A - 01/26/09 Page 4 of 14 0 0 Concrete paving has been revised to require concrete fly ash and reinforcing fibers in natural color concrete. Integral color concrete has been added. 21. Delete Section 02821 Chain Link Fencing dated 12130109. There is no chain link fencing in the scope of work. Refer to Section 02822 - Ornamental Metal Fencing for wire mesh panels in fencing. 22. Substitute Section 02822 Ornamental Fences and Gates dated 01/26/09 for previous Section dated 12130108. Section has been revised as noted: Qualifications for fabricator and installer have been added. Wire mesh panels have been specified, in coordination with the Drawings. Requirements for gate hardware have been revised, in compliance with California Building Code (CBC) requirements. Requirements for finishing of ornamental metal fencing have been revised. 23. Add Section 02831 Cast in Place Concrete Walls dated 01/26/09 24. Add section 02911 Tree Relocation dated 01126109. This Section replaces Section 02935 - Palm Tree Planting, dated 12/30/09. 25. Delete Section 02935 Palm Tree Planting, dated 12130108. This Section is replaced by new Section 02911 - Tree Relocation, dated 1/26/09. 26. Substitute Section 03100 Concrete Formwork dated 12/30/08 for previous Section dated 8115108. Section has been revised as noted: Page headers have been changed to "12/30/08" while text has remained unchanged. 27. Substitute Section 03200 Reinforcing Steel dated 01/26/09 for previous Section dated 12130/08. Section has been revised as noted: Requirements for Sustainable Design submittals have been added. 28. Substitute Section 03300 Cast In Place Concrete dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Requirements for cementitious materials, other than portland cement, have been added. 29. Add Section 04720 Cast Stone, dated 1126109. Cast stone is applicable where "precast concrete" is indicated on the Drawings, for fireplace hearth, mantle, trim and exterior monument sign wall cap. 30. Delete Section 04880 - Masonry Fireplaces, dated 12130/08. Addendum A - 01/26/09 Page 5 of 14 • 0 Fireplace is specified in new Section 10305 - Prefabricated Fireplaces. 31. Substitute Section 05120 Structural Steel, dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Requirements for primers have been added. 32. Substitute Section 06112 Wood Framing and Sheathing, dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Requirements for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. References to California Building Code (CBC) have been updated. 33. Substitute Section 06114 Wood Backing, Blocking, and Curbing, dated 01/26/09 for previous section dated 12/30/08. Section has been revised as noted: Requirements for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. References to California Building Code (CBC) have been updated. 34. Substitute Section 06130 Heavy Timber Construction, dated 01/26109 for previous section dated 12130108. Section has been revised as noted: Requirements for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. References to California Building Code (CBC) have been updated. 35. Substitute Section 06171 Manufactured Lumber, dated 01/26/09 for previous section dated 12130/08. Section has been revised as noted: Requirements for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. References to California Building Code (CBC) have been updated. Revisions have been made for specified manufacturer's name and applicable ICC Evaluation Service, Inc. (ICC ES) report. 36. Substitute Section 06173 Parallel Strand Lumber, dated 01/26/09 for previous section dated 12/30/08. Section has been revised as noted: Requirements for Sustainable Design submittals and for FSC Certification and chain-of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. References to California Building Code (CBC) have been updated. Revisions have been made for specified manufacturer's name and applicable ICC Evaluation Service, Inc. (ICC ES) report. 37. Substitute Section 06174 Wood I- Joists, dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Addendum A - 01/26/09 Page 6 of 14 0 0 Requirements for Sustainable Design submittals and for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. References to California Building Code (CBC) have been updated. Revisions have been made for specified manufacturer's name and applicable ICC Evaluation Service, Inc. (ICC ES) report. 38. Substitute Section 06181 Glue Laminated Structural Units, dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Requirements for Sustainable Design submittals and for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives used in plywood and OSB panels have been added. 39. Substitute Section 06200 Finish Carpentry, dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Requirements for Sustainable Design submittals and for FSC Certification and chain -of- custody for lumber and construction panels have been added. VOC requirements for adhesives have been added. 40. Substitute Section 06410 Custom Casework, dated 12/30/08 for previous section dated 08/15/08. Section has been revised as noted: Page headers have been changed to "12/30/08" while text has remained unchanged. 41. Substitute Section 06420 Wood Paneling dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Sustainable design submittals and FSC certification requirement have been added. VOC requirements for adhesives have been added. 42. Delete Section 06440 Ornamental Woodwork dated 12130109. 43. Substitute Section 06450 Standing and Running Trim, dated 01/26/09 for previous section dated 12130/08. Section has been revised as noted: Sustainable design submittals and FSC certification requirement have been added. VOC requirements for adhesives have been added. 44. Add new Section 07265 Vapor Emission Reduction System, dated 1126109. The Section specifies topical chemical treatment where excessive moisture vapor emissions occur, in preparation for installation of floor coverings. 45. Substitute Section 07411 Manufactured Metal Roofing System, dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Manufacturer and roofing system have been revised. Addendum A - 01126/09 Page 7 of 14 0 0 46. Substitute Section 07464 Wood Fiber Cement Board Siding, dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Panel size has been clarified. Accessory trim has been deleted. Requirement to miter comers has been added. 47. Substitute Section 07467 Wood Board Siding, dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Pre - finishing of cedar siding has been added or clarified. Finishing with solid body stain has been clarified. Grade, size and pattern of cedar board siding has been revised. Siding installation criteria (minimum length at corner boards) has been specified. 48. Add Section 07468 Wood Polymer Composite Siding dated 01126/09. 49. Substitute Section 08211 Flush Wood Veneer Doors dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Terminology and characteristics of wood doors have been clarified. Framing at visions lights (glazed openings) in flush wood doors has been revised to wood frame. Hardwood facing has been revised to plain sliced Select white maple. Structural Composite Lumber (SCL) core doors have been added, for conditions where large openings are cut in doors. 50. Substitute Section 08218 Stile and Rail Wood Doors dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Wood species and grade for doors has been revised to Select white maple. Wood finish on doors has been revised to cherry stain and clear urethane varnish. 51. Delete Section 08630 Metal Framed Skylights dated 12130/08. New Section 08950 - Insulated Translucent Fiberglass Sandwich Panel Skylight System, dated 1/26/09 specifies skylight assembly 52. Substitute Section 08710 Door Hardware dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Hardware sets 14A, 20, 23 and 24 have been added or revised 53. Substitute Section 08810 Glass and Glazing dated 01/26/09 for previous section dated 12/30/08. Section has been revised as noted: Cross - reference to Section 08830 - Mirrors has been added. Spandrel glass has been added. 54. Add Section 08830 Mirrors dated 01/26/09 This Section specifies frameless wall mirrors. 55. Add Section 08950 Insulated Translucent Fiberglas Sandwich Panel Skylight System Addendum A - 01/26/09 Page 8 of 14 0 dated 01126109. This Section replaces Section 08630 - Metal- Framed Skylights. 56. Substitute Section 09220 Portland Cement Plaster dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Plaster system has been revised to conventional three -coat plaster system, primed and painted after curing. 57. Substitute Section 09310 Ceramic Tile dated 01/26/09 for previous section dated 12/30108. Section has been revised as noted: Glazed Tile has been deleted and Section has been revised for porcelain tile at both floors and walls. Porcelain tile product has been revised. Wall tile installation method has been revised. Reference to cut natural stone tile for exterior and interior locations has been revised. 58. Substitute Section 09380 Cut Natural Stone dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Cut natural stone for walls and fireplace enclosure have been added. Substrate for wall tile has been specified. Tile setting methods for floor and wall tile have been specified, including mortar setting bed and anti- fracture membrane for floor tile. 59. Substitute Section 09510 Acoustical Panel Ceilings dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Regulatory requirements have been updated, including updating of California Building Code (CBC) references and applicable ICC Evaluation Service, Inc. (ICC ES) report. Manufacturer's name has been updated. Ceiling panel catalog numbers have been revised. 60. Substitute Section 09625 Resilient Athletic Flooring System dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Sheet rubber flooring has been deleted. Rubber tile flooring has been clarified. VOC requirements for installation adhesive has been upgraded according to sustainable design requirements. Line and marking paint has been deleted. 61. Delete Section 09645 Cushioned Wood Flooring System dated 12130108. Section 09647 - Wood Dance Floor and Section 09648 - Wood Strip Flooring specify wood flooring for the Project. 62. Substitute Section 09648 Wood Strip Flooring dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Page format (name and section number at page footers) has been revised. Section 09640 is now Section 09648. Addendum A - 01/26/09 Page 9 of 14 0 63. Substitute Section 09690 Carpet Tile dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Carpet tile style names have been revised. Product colors and other characteristics have been revised to coordinate with products scheduled on the Drawings. 64. Substitute Section 09720 Wall Coverings dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: All wall coverings shall be provided by Contractor. City will not be providing wall coverings. Textile wall coverings have been deleted. Cross - reference is included to wall covering specified for operable partition panels, specified in Section 10650 - Operable Partitions. 65. Delete Section 09726 Tackable Wall Covering dated 12/30108. 66. Substitute Section 09905 Field Painting dated 01/26/09 for previous section dated 12130108. Section has been revised as noted: Painting Schedule has been revised to add products for wood siding (solid color stain) and exposed interior wood framing (semi- transparent stain). Other changes have been made to coordinate related Sections, add manufacturers' names and clarify materials to be painted. 67. Add Section 10305 Prefabricated Fireplaces dated 01/26/09 This Section substitutes for masonry fireplace previously specified in Section 04880 - Masonry Fireplaces. 68. Delete Section 10705 Louvered Sun Control Devices dated 12130108. Sun control is by louvered assemblies specified in Section 10240 - Grilles and Screens. 69. Substitute Section 11400 Food Service Equipment dated 01/26109 for previous section dated 12130/08. Section has been revised as noted: Changes were made to scheduled equipment. 70. Add Section 11483 Dance and Exercise Equipment dated 01126109. This Section specifies ballet barres. 71. Add Section 11484 Entrance Mats dated 01/26109. This Section specifies aluminum - framed, aluminum grid entrance mat for exterior locations. 72. Add Section 12495 Window Shades dated 01126109. This Section specified manual and motorized window shades. Addendum A - 01/26/09 Page 10 of 14 i 73. Section 13122 Tensile Membrane Structure dated 01126109. This Section specifies structural steel, cables and fabric for tensile membrane structure system. ATTACHMENTS Section 00005 - Table of Contents, dated 1/26109 Section 00432 - Schedule of Values, dated 1/26/09 Section 01100 - Summary of the Project, dated 1/26/09 Section 01320 - Construction Progress Documentation, dated 1/26/09 Section 01330 - Submittals Procedures, dated 1/26109 Section 01352 - Sustainable Design Requirements, dated 1126/09 Section 01450 - Quality Control, dated 1/26/09 Section 01510 - Temporary Utilities, dated 1126/09 Section 01570 - Temporary Controls, dated 1/26/09 Section 01571 - Storm Water Pollution Prevention, dated 1/26/09 Section 01575 - Construction and Demolition (C &D) Waste Management, dated 1/26/09 Section 01750 - Starting and Adjusting Procedures, dated 1/26109 Section 02221 - Building Demolition, dated 1/26/09 Section 02230 - Site Clearing, dated 1/26/09 Section 02300 - Earthwork, dated 1/26/09 Section 02630 - Storm Drainage System, dated 1/26/09 Section 02741 - Asphaltic Concrete Paving, dated 1/26/09 Section 02751 - Concrete Paving, dated 1/26/09 Section 02831 - Cast -in -Place Concrete Walls, dated 1/26/09 Section 02822 - Ornamental Fences and Gates, dated 1/26/09 Section 02911 - Tree Relocation, dated 1/26/09 Section 03100 - Concrete Formwork, dated 12/30/08 Section 03200 - Reinforcing Steel, dated 1126/09 Section 03300 - Cast in Place Concrete, dated 1126/09 Section 04720 - Cast Stone, dated 1/26/09 Section 05120 - Structural Steel, dated 1/26109 Section 06112 - Wood Framing and Sheathing, dated 1/26/09 Section 06114 - Wood Backing, Blocking and Curbing, dated 1/26/09 Section 06130 - Heavy Timber Construction, dated 1/26/09 Section 06171 - Manufactured Lumber, dated 1/26/09 Section 06173 - Parallel Strand Lumber, dated 1/26/09 Section 06174 - Wood I- Joists, dated 1/26/09 Section 06181 - Glue Laminated Structural Units, dated 1/26/09 Section 06200 - Finish Carpentry, dated 1/26/09 Section 06410 - Custom Casework, dated 12/30/08 Section 06420 - Wood Paneling, dated 1/26/09 Section 06450 - Standing and Running Trim, dated 1/26/09 Section 07265 - Vapor Emission Reduction System, dated 1/26/09 Section 07411 - Manufactured Metal Roofing System, dated 1/26/09 Section 07464 - Wood Fiber Cement Board Siding, dated 1126/09 Section 07467 - Wood Board Siding, dated 1/26/09 Section 07468 - Wood - Polymer Composite Siding, dated 1/26/09 Addendum A - 01/26/09 Page 11 of 14 0 0 Section 08211 - Flush Wood Veneer Doors, dated 1/26/09 Section 08218 - Stile and Rail Wood Doors, dated 1/26/09 Section 08710 - Finish Hardware, dated 1/26/09 Section 08810 - Glass and Glazing, dated 1/26/09 Section 08830 - Mirrors, dated 1/26109 Section 08950 - Insulated Translucent Fiberglass Sandwich Panel Skylight System, dated 1/26/09 Section 09220 - Portland Cement Plaster, dated 1/26109 Section 09310 - Ceramic Tile, dated 1/26/09 Section 09380 - Cut Natural Stone Tile, dated 1/26/09 Section 09510 - Acoustical Panel Ceilings, dated 1/26/09 Section 09625 - Resilient Athletic Flooring System, dated 1/26/09 Section 09648 - Wood Strip Flooring, dated 1/26/08 Section 09690 - Carpet Tile, dated 1/26/09 Section 09720 - Wall Coverings, dated 1126/09 Section 09905 - Field Painting, dated 1/26/09 Section 10305 - Prefabricated Fireplaces, dated 1/26/09 Section 11400 - Foodservice Equipment, dated 1/26/09 Section 11483 - Dance and Exercise Equipment, dated 1/26/09 Section 12484 - Entrance Mats, dated 1/26/09 Section 12495 - Window Shades, dated 1/26/09 Section 13122 - Tensile Membrane Structure, dated 1/26/09 IV. PLAN REVISIONS The following plans have revisions made which have been clouded and noted as Delta A and dated January 26, 2009. Revisions include further coordination and clarification to the work. Replace the following drawings with the addendum sheets attached to this Addendum A. A. Architectural Drawings 1. A0.1, A0.5, A0.6 2. A1.0, A1.1, A1.2, A1.3, A1.5, A1.7, A1.8 3. A2.1 a, A2.1 b, A2.1 c, A2.2a, A2.2b, A2.3a, A2.3b, A2.3c, A2.4a, A2.4b, A2.7a, A2.7b, A2.7c 4. A3.1, A3.2, A3.3, A3.4, A3.5, A3.6 5. A4.0, A4.1, A4.2, A4.3, A4.4, A4.5, A4.6, A4.7, A4.8, A4.9, A4.10, A4.11, A4.12 6. A5.0, A5.1, A5.3, A5.5, A5.6, A5.7 7. A6.1, A6.2, A6.4, A6.6 8. A7.0, A7.1, A7.4, A7.5, A7.7, A7.8, A7.9, A7.10, A7.11 9. A8.0, A8.1, A8.2, A8.3, A8.4, A8.5, A8.6, A8.7, A8.8, A8.9, A8.10, A8.11, A8.12, A8.14, A8.15 10. A9.0, A9.1 B. Structural Plans 1. S1.1 2. S1.2 3. S2.1a 4. S2.2a Addendum A - 01/26/09 Page 12 of 14 0 5. S4.1 6. S4.3 7. S5.1 8. S5.4 9. S5.7 10. S5.8 11. S5.9 12. S5.11 C. Mechanical Drawings 1. M0.2 2. M5.1 3. M6.2 D. Plumbing Drawings 1. PC.1 2. P1.0 3. P2.0, P2.1 a, P2.1 b 4. P6.0, P6.1 5. P7.0, P7.1 6. P8.1 E. Electrical Drawings 1. EC. 1, E0.2 2. E1.1 3. E2.1b, E2.1c, E2.2c, E2.3a 4. E5.1 F. Food Service Drawings 1. FS -2.1 2. FS -3.1 G. Audio - Visual Drawings 1. AV -0 2. AV -4.1 H. Landscape Drawings 1. L -1.00, L1.01, L1.11, L1.51, L1.52 2. L -2.01 2. L -3.00. L -3.01. L -3.11 I. Civil Drawings 1. C -1.00 2. C -5.00 J. Permanent Shoring Drawings 1. ES -1, ES -2, ES -3, ES -4, ES -5, ES -6 V. ATTACHMENTS Addendum A - 01/26109 Page 13 of 14 0 0 The following documents are made a part of the contract. A. Addendum No. 1 Response to 3rd Party Review Comments to the Geotechnical Investigation Report For Construction of the Oasis Senior Center prepared by Leighton Consulting, Inc. dated January 27, 2009. B. Addendum No. 2 Response to 3rd Party Review Comments to the Geotechnical Investigation Report For Construction of the Oasis Senior Center prepared by Leighton Consulting, Inc. dated January 27, 2009. C. Storm Water Pollution Prevention Plan for the Oasis Senior Center prepared by MCE Consultants dated January 12, 2009. D. Revised Proposal Form dated January 26, 2009 E. Answers to RFI #1 -35 (except RFI #23). Pursuant to Notice Inviting Bids, Instruction to Bidders on page 16 Acknowledgment of Addenda, a signed copy of this addendum shall be returned to the City prior to bid opening or attached to bid documents. of Receipt: 6t, L'k S b� Addendum A - 01/26/09 Page 14 of 14 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM B OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 February 9,,2009 DATE: BY: )rofPublic Works TO: ALL PLANHOLDERS Bidders must sign this Addendum B and attach It to the bid proposal. No bid will be considered unless this signed Addendum Is attached. aldooumanb and aal&geWa v0bUoal *N&gedwVorwy hi6ernet fjmWon0ent D aovardoe L P. �.. ?: . OASIS SENIOR CENTER NEWPORT BEACH, CALW4 Rt*A Contract No. 2W Febnory 4, 2004 Pwouent to the Spedlcaf m, Ira&ucfon to Bidders. Addenda. HoMm of bid proposals. conbacta, and specifications and project plans of the above project are hemby drooled to mahethetoflowhfp oone Pic rfs, addkions, andlar deletions b any and alcopiesdpMmwW spsdfkations in their possession. WA 1. The proposal form has bean rovNed. Please see new Proposal Fong doled Pebnmry 4.2001 oft shed to this Addendum se AllacMiw* A. 1. The loflowlrrp rwhasina haw been mode b Section 746: In the first paragraph delete WyW hard copy' and replace wkh !reproducible bard hard copy'. In the third paragraph, delele'AjW. r 1. SuboMft Section 00006 TaW of Conlnff s doled 02!06106 fa prevtofm$ocb n doted 011211f06. See Aaaehafent C. TAW of Contents has bean revised to add Section 07412 Maim! SoMt Panels. 2. Add now apecMcaam Section 07412 MaW SoM Pw datwd 020100. Sae Atbechment D. Addendwn 6 — 02/00= Page / of 3 0 3. Section 09380 Cut Natural Stone, Part 2.1, C -1 should be changed to: 4. Add the foNowIng language to Section 15800: 2.1.D.2 Finish Color of outdoor units shall be factory- applied light brown to match root screen color. Submit color sample to architect for approval prior to fabrication. 2.2.D.4 Finish color of outdoor units shall be applied - applied light brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. 2.3.H Finish color of outdoor units shall be applied - applied light brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. 2.4.1111 Finish color of outdoor units shall be applied - applied light brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. 2.5.D.6 Finish color of outdoor units shall be applied - applied light brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. 2.6.J Finish color of outdoor units shall be applied- applied light brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. 2.7.K Finish color of outdoor units shall be applied- applied fight brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. 2.8.K Finish color of outdoor units shall be applied - applied light brown to match roof screen color. Submit color sample to architect for approval prior to fabrication. Ali drawing revisions (with the exception of the electrical drawings) are being issued as 6 IN x 11' attachments (SK drawings) and reference the revised detail and sheel number. The following is a list d the attachments illustrating the revisions to the drawings: A. Architectural Drawings 1. Added new detail for horizontal wood timbers at garden plots which were previously noted as'raikoad flea' in response to RFI #39, 92 and 108. (SK -1) 2. Added new detail for wall typel6B In response to RFI #87. (SK -2) 3. Revised Detail 1, Sheet ABA in response to RFI #87. (SK-3) 4. Revised Detail 2, Sheet A8.1 in response to RFI #87. (SK -4) 5. Revised Detail 3, Sheet AB. 11 in response to RFI #107.(SK-6) 6. Revised Detail 5, Sheet A8.11 in response to RFI #107. (SK -6) 7. Revised Detail 5, Sheet A8.2 in response to 0107. (SK -7) 8. Revised Detail 14, Sheet A8.1. to have precast wall cap. (SK-6) 9. Added new detail to show precast well cap at art center polio wall. (SK-9) 10. All .4 —Added details 18 and 19 for Permanent Rail at Shoring Wall. (SK -10 and 11) Addendum 8 — 02109/09 Page 2 of 3 VII. 0 B. Structural Plans 1. S1.2- Detail 12: Lightpols height corrected (SK -12). 2. S2.1a- Foundafioin references added along south library wall (SK -13) 3. S2.1 b- Foundation references revised along south Dance/Exerdse Room 0147. (SK -14). 4. S4.2 -Deals 5, 7, and 9. Intent of foundation details clarified for foundations along Dance/Exercise Room #147. (SK -15,16 and 17) C. Electrical Drawings (the following sheets have been re-Issued as a put of this addendum and clouded with Delta B, dated 0210910!). 1. E0.2 2. E1.1 3. E2.1a, E2.1b, E2.1c 4. E5.0 5. E5.1 D. Landscape Drawings 1. L -2.00- Irrigation Controller Note has been revised. (SK-18) E. Civil Dmwhrgs 1. C -1.00- Note 35 has been revised. (SK -19). F. Permanent Shoring Drawings 1. ES- 5- Replace the 'temporary cable railing' shown in Detail 1 with the -pem wnt cable railing shown in Detail 18 and 19, Sheet A -1.4. (See SK -10 and SK -11). ATTACHMENTS The following documents are made a part of the contract. A. Revised Proposal Form dated 02109106. B. Revised List of General Contractors dated 02109109. C. Revised Table of Contents dated 02109/09 D. New spectficadcn Section 07412 dated 02106109. E. Solar Electrical Notes (requirements) required by the Newport Beach BuIlding Deperbnent. F. Answers to RFI #23 and #36 through #108. Pursuant to Notice Inviting Bids, Instruction to Bidders on page 16 AclaroMedgmem of Addenda, a signed copy of this addendum shall be returned to the City prior to bid opening or attached to bid documents. Addendum B - 02109/09 Page 3 of 3 ,� , 54ti5 0 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92863 Gentlemen: CITY OF NEWPORT BEAR PUBLIC WORKS DEPARTMENT REVISED PER ADDENDUM B FEBRUARY 9, 2009 The undersigned declares that he has carefuhy examined the iocation of the work, has read the Instructions to the Bidders, has examined all Contract Documents including the Plans, Special Provisions, and Project Manual, and hereby proposes to furnish all materials except that material supplied by the City and shah perform all work required to Complete Contract No. 3888 in accordance with the Plans, Special Provisions, and Project Manual, and will take in full payment therefore the following lump sum prices for the work, complete in place, to wit: 1. Lump Sum OASIS Senior Center Rebuild SEV 61¢ TEEN Mlvu"' Dollars and '2 e-rey Cents Per Lump Sum 2. Lump Sum Mobilization OTwenty -Five Thousand Dollars and zero Cents Per Lump Sum 3. Lump Sum As Built Plans Five Thousand Dollars and zero Cents Per Lump Sum TOTAL PROJECT PRICE IN FIGURES: Tt+O v SM o I f . 0 47 , 0v-0 TOTAL PROJECT PRICE IN WRITTEN WORDS: e&evem r- 4(u,toNl T =aaT -f - 5"- elm -(HoUSAND Dollars and 7-05-RV Cents 0 0 PR2of3 Al. Lump Sum Provide net deduct to furnish and install <$ 85 oCi > asphaltic concrete paving as specified on the plans and in Section 02741 in lieu of standard portland cement concrete paving for vehicular traffic in the parking lot. This does not include any of the colored pavement areas of the entry and dmre alsles. PRICE FOR Al IN WRITTEN WORDS: and v v �274f-v Cents A2. Lump Sum Provide net add to furnish and install $ Guadalupe Palms in lieu of King Palms. The J-S size, quantity, and location of the palms to match the King Palms shown on the plans. PRICE FOR A2 IN WRITTEN WORDS: Cents K • A3. Lump Sum Provide net add to furnish and install the $ � >0&&,=-)07f OCry tensile membrane structures as specified on ; S the plans and in the specifications. PRICE FOR A3 IN WRITTEN WORDS: Td0 KwD"-O SWNAEN Te�oKSA+JD ano .I-cf-0 Cents PR3of3 The award of the Contract shall be made based on the total price submitted for bid items Nos. 1, 2 and 3. Bid hem #2 shall be included at a set value of $25,000 and bid Item #3 shall be included at a set value of $5,000. The City, at Its discretion, may or may not include, Alternate Bid Items Nos. Al, A2, and/or A3. 2/12/09 KPRS Construction Services, Inc. Date Bid er T:(714)672 -0800 F:(714)672 -0871 President Bidder's Telephone and Fax Numbers B s Au zed Signature and Title 751130 B 2150ISaturn Street, Brea, CA 92821 Bidder's License No(s). BW&ft Address and Classification(s) Within twenty -four (24) hours after bids are opened, the lowest three bidders shall complete and submit to the Engineer, for review and approval, the 'Schedule of Values" form for the construction items in this proposal. The Engineer will use said Schedule to evaluate bids, calculate monthly progress payments during the term of construction, and pay for units of extra work. FAXOMPBMShw4dConn=c FY 084MM SIS SENIOR CENTER G388B1CONTAACT AND SPECS FOR OCS USEWROPOSAL C•3989 (SR).da 0 10 1 1 1 1 `] 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4-1.34 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 `] 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 0 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7.7 COOPERATION AND COLLATERAL WORK 5 7.8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 7.8.6 Water Pollution Control 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 'No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7.15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9.3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -2 REINFORCEMENT FOR CONCRETE 10 201 -2.2.1 Reinforcing Steel 10 201 -7 NON- MASONRY GROUT 10 201 -7.2 Quick Setting Grout 10 SECTION 207 PIPE 10 207 -2 REINFORCED CONCRETE PIPE (RCP) 10 207 -2.5 Joints 10 207 -9 IRON PIPE AND FITTINGS 10 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 10 207 -9.2.2 Pipe Joints 10 207 -9.2.3 Fittings 11 207 -9.2.4 Lining and Coating 11 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 11 207 -9.4 AWWA Butterfly Valves 11 207 -9.4.1 General 11 SECTION 214 PAVEMENT MARKERS 12 214-4 NONRELECTIVE PAVEMENT MARKERS 12 214-5 Curing 14 214 -6 REFLECTIVE PAVEMENT MARKERS 12 SECTION 215 STORM DRAIN FILTERS 13 215 -1 GENERAL 13 PART 3— CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 13 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 14 302 -6.6 Curing 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 14 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 14 303 -51.1 General 14 303 -5.5 Finishing 15 303 -5.5.2 Curb 15 303 -5.5.4 Gutter 15 SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb 15 Markings 310 -5.6.6 Preparation of Existing Surfaces 15 310 -5.6.7 Layout, Alignment and Spotting 15 310 -5.6.8 Application of Paint 15 ATTACHMENT PROJECT MANUAL FOR THE CONSTRUCTION OF THE OASIS SENIOR CENTER F:lUs rslPBW%SharedlContracts\FY 08- 09\OASIS SENIOR CENTER C- 38881CONTRACT AND SPECS FOR OCS USEISPECS INDEX C -3888 SR.doc 0 0 SP 1 OF 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OASIS SENIOR CENTER REBUILD CONTRACT NO. 3888 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B -5206; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of construction and related services required by the Contract Documents, including all labor: material, tools, equipment, and supervision as required for the demolition of an existing senior center, site clearing and grubbing, grading, construction of an approximately 36,600 square -foot single story new senior center, construction of a retaining wall, and associated site improvements to be constructed on the 4.92 acre site of the existing OASIS Senior Center at the corner of Marguerite Ave. and Fifth Ave. in Corona Del Mar, CA. The building will be certified with a LEED Silver rating." 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor's 0 0 SP2OF16 Licensed Surveyor shall permanently monument property corners or offsets before start of grading. 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 Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ................. .................... 15 3) Equipment Rental .. ....... ............... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer 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. 0 0 SP3OF16 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. Add the following after the 3 r paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the'Notice to Proceed.' 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 construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the 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 schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved 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.' SP4OF16 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 365 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability 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 for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1S1 (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4'h, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24'" (Christmas Eve — half day), December 25 "' (Christmas), and December 3151 (New Year's Eve — half day). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31 st falls on a Sunday, the following Monday is a holiday. If January 15' , July 4'", November 11 "' or December 25"' falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these 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 $250.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "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 $2,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000.00 per 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. 0 0 Mawela ri 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 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. 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 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 City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new valve boxes. City will install new water meter. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718- 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter.' Water used during construction shall be paid for by the Contractor. This includes water for dust control, flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc.' 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious 0 0 SP6OF16 material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.citv.newport- beach.ca. us /pubworks /links. htm." Best Management Practices and Monitoring Program. Refer to the Storm Water Pollution Prevention Plan ( SWPPP) and the California Storm Water Best Management Practice Handbook for Construction Activity (BMP Handbook), current Edition specified in the construction Specifications Section 01570 — Temporary Controls. Contractor shall comply with the SWPPP and 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. I. 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 City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow the SWPPP and the items listed above 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 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: 'The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. 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. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." SP7OF16 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. 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 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall 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 detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades. signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractors responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "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, and 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. 0 0 SP 8 OF 16 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 "No Parking" Signs. The Contractor shall install, and maintain in place 'NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 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. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs 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 letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Building Contractor B License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As-Built" drawings. It shall be the Contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of • • SP9OF16 Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds 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. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The lump sum bid price 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 Lump Sum items 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. Item No. 1 Oasis Senior Center Rebuild. Work under this item shall include all materials, tools, equipment, and labor to complete all work shown on all plans and specifications as well as the Project Manual other than work covered within bid items 2 and 3 below, for the Construction of the Oasis Senior Center. Item No. 2 Mobilization. Work under this item shall include securing the site; establishing a field office, preparing the SWPPP or BMP Plan construction schedule, and Schedule of Values; and all other related work as required by the contract documents. The Schedule of Values shall be itemized to clearly show the value of each work trade and each work task or group of work tasks valued at $10,000 or more each. Item No. 3 As Build Drawings. Work under this item shall include all removals, materials, tools, equipment, and labor to produce and submit one (1) legibly marked up and noted project plan set clearly denoting (with necessary dimensions) all changes, additions, deletions, etc,. and (1) reproducible mylar copy of said marked -up plan set to the Engineer. Retention payment will not be released to the Contractor until this work task has been completed. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 0 0 SP 10 OF 16 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout.° SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac' Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." 207 -9 IRON PIPE AND FITTINGS (for Water Main Construction) 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 207 -9.2.2 Pipe Joints. Add to this section, "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. 0 0 SP 11 OF 16 Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness 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. 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." 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a 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 816.5 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." 207 -9.2.4 Lining and Coating. Revise this section to read: "The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene.' 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 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 0 0 Warz•»ry 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 prior to bidding. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI 816.1 flange drilling. All valves to 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. 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 to be provided with 316 stainless steel exterior body bolts. SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: 'All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." SP 13 OF 16 SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Kristar Flogard type filters, Grate Catch Basin Filter Insert and Curb Inlet Catch Basin Filter Insert with Fossil Rock Filter shall be installed across inlets for new catch basins that drain into new storm drain systems where indicated in the contract documents. Insert widths shall match the curb opening widths of catch basins. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "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 provided upon request or be found on the City's website at: http:// www.city.newport- beach.ca.us /GSV /Franchised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with. "Saw cuts shall be neatly made to a minimum of two (2) inches.' Replace the words "1 -' /- inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. 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. i 61 elgi 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 on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '/< -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 1 -' /z inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.0 C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." 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. Add to this section: 'Sidewalk 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 patchback shall be placed within 72 hours following concrete placement. Newly poured • • SP 15 OF 16 P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "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 the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat. as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm 0 0 SP 16 OF 16 minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. 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. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." * ** END OF SPECIAL PROVISIONS SECTION *** The Contractor shall fully comply with the following Architect's Project Manual for the Construction of the Oasis Senior Center Rebuild which augments, but is not referenced to in the above sections of the Standard Specifications for Public Works Construction. F % Users,PBw.St�red'•Contracts.FY 08- 09%OASIS SENIOR CENTER C-38&&-.CONTRACT AND SPECS FOR OCB USE +SPECS -C 3888 SR.doc IITY OF NEWPORT BEAM CITY COUNCIL STAFF REPORT Agenda Item No._ 12 February 12, 2008 TO: • HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Deputy Public Works Director /City Engineer 949 - 644 -3328 or dawebb @city.newport- beach.ca.us SUBJECT: OASIS Senior Center, Contract No. 3888 - Authorize a Budget Amendment for Supplemental Consulting Services for Development of Construction Documents RECOMMENDATION Approve a budget amendment appropriating $90,000 from the General Fund unappropriated fund balance to Account 7453- C1002007 to be used to retain various professional consultants to support development of construction documents for the Oasis Senior Center. The City Council has committed to the development of a new OASIS Senior Center. On October 23, 2007, the City Council awarded a contract to Robert R. Coffee, Architect + Associates for architectural services to prepare plans and specifications for a new senior center. As part of the design effort, the project will require a detailed geotechnical study, environmental review and permitting, and other supporting services. Funding for these services needs to be appropriated at this time to begin support services in a timely manner to assist the design work of the Project Architect. The respective work will be performed under existing on -call professional services agreements or new agreements meeting the guidelines of Council Policy F -14. Environmental Review Not applicable at this time. Public Notice Not applicable at this time. undina Availability Upon approval of the recommended budget amendment, sufficient funds will be available In the following account: Account Description OASIS Senior Center New Prepared & Submitted b avid Webb, Deputy ubiic Works Director /City Engineer Account Number Amount 7453- C1002007 s 90,0Q0 Total: $ 90,000 Submitted by. y— t, 4;ity of Newport Beaq$ NO. BA- 08BA -W BUDGET AMENDMENT 2007 -08 AMOUNT: S9o,000.00 EFFECT ON BUDGETARY FUND BALANCE, Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Baler= SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from General Fund unapproprtated fund balance to provide for consulting services for the development of construction documents for the new OASIS Senior Center. ACCOUNTING ENTRY: EUDGETARYFUND BALANCE Fund Account 010 3606 REVENUE ESTIMATES (3601) Fund/Division Account 9453 6000 EXPENDITURE APPROPRIATIONS (3803) Description General Fund - Fund Balance Description OASIS Senior Center - Transfer In Description Division Number 9010 General Fund -Non Departmental Account Number 9900 Transfer Out Division ' Number 7453 OASIS Senior Center Account Number C1002007 OASIS Senior Center Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: Signed: City Manager Amount Debit Credit $90,000.00 ` $90,000.00 $90,000.00 //5r� Signed: City Council ADDroval: City Clerk Date rJ