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C-3914 - City Gateway Signage Project
0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 9, 2009 Bravo Sign & Design, Inc. 520 East Central Park Anaheim, CA 92802 Subject: City Gateway Signage Project (C -3914) To Whom It May Concern: On September 9, 2008, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on November 6, 2008. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 761601. Enclosed is the Faithful Performance Bond. Sincerely, 9 Leilani I. Brown, MMC City Clerk Enclosure 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 BOND NO. 761601 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1.731 00 being at the rate of $ 9 40 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to BRAVO SIGN & DESIGN, INC., hereinafter designated as the 'Principal', a contract for construction of CITY GATEWAY SIGNAGE, Contract No. 3914 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents malntaioed In the Public Works Department 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. 3914 and Ore terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Developers Surety and Indemnity Company _ duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly hound unto the City of Newport Beach, in the sum of One Hundred Eighty-Four Thousand, Two Hundred Dollars and 00!100 Cents ($184,200.00) lawful money of the United States of America. Bald sum bang equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind a.xselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fall to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true Intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall become null and void 28 Newoort Beach Finals.odf 0 0 As a part of the obligation secured hereby, and in addition to the face amourt specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, induding reasonable attomeys fees, incurred by the City, only in the event the City is required to bring an action in law or equ ty against Surety to enforce the obligations of this Bond Surety, for value received, stipulates and agrees that no change, extension of time alterations or additions to the terms of the Contract or to the work to be performed (hereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the sceclf]cations. This Faithful Performance Bond shah 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 lha' the death of any such Principal shall not exonerate the Surety from its obligations under this Bond IN WITNESS WHEREOF, this instrument has been duly executed by tho Principal and Surety above named, on the 21 st day of June . 2007. c"LJ BRAY SIGN 8 D SIGN NC- (Principal) Authorized Signature/Title Developers Surety and Indemnity Company _ Name of Surety Authorized Agent Signature 43391 Business Park Dr. Ste C -6 Address of Surety 951 - 296 -6800 Telephone Christopher A Lydick, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED iv, Newoort Beach Finals ndt 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Q'r ss. On _T _ ^^ before me, As t i, personally appeared _ ==C ' q. "Jrw Doe, NgYy Purl .01�rsonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his/her /their authorized capacity(ies), and that by hislher /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officisli seal. PW N q seal Nwre sgr or Notary Pwe OPVONAL Though the information below is not required by law R may prove valuable to persons relyng on the document and could prevent fraudulent removal and reattachment of this for -Dto another document Description of Attached Document �� 1 �1 T� 1 t v 1 Title or Type of Document: � /'� Document Date: `lr — o� 0 ^-� 3 -7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHT THUMBPRINT OF SIGNER 0 1 991 N.1 Nmv, quot non -9350 oe So .. PO O -2402 • G�lsxd CA 913132 O2 P,W No 59C7 F.m, O.III 7p ,Froe 1.e(M)- 766 ?) 0 0 V( )NN F. It (IF %I IOH NF it FOI( UFk 1`L0I'FRS SI RI I l V,ND 1 \UF : \I \Ill- (IIVI1' :1N1 INDVN1NI IN (ONI TINY OFCALIFORNIis I'1. t4l r\ 14-" WR\! t l 642621 (414126 %. SUIO A \r r\s N I I \11 \ PIN I I I I SP Pit I SIN I S.nua vxccpi as cxlu'osly l.mued. DL\ ELOPERS SURI Iy \\U!\In\I \1IY 14IMP\ \)'rold IN DI MV I IN ( n \l i' \ \) 111E 1' \t 11 i IR N I\ J.. cod.. hcreM makv, consLNtc And apts."M ** *Christopher A. Lydick, Melody L. Spaur, K.A. Eby, Timothy C. Baker, jointly or severally * ** as then Iwe and Lau Iul AliomeytsFm -Fact. its make. exec u1c. deliver and acknowledge, tie and "n behalf of <ad cot ritual nt >. as sutene>, hunch,. undc.takmgs and contracts if>toclysh.p go mg and etannng unto said Atlonney(s)- m -Faei full power and aurhnny to do and m per form eery act necosarv. requisite or proper ra he d's" In eourmcl x, therewith a, each of ,aid corporanons could do but mw ii,C Its each Uf Yid elNlh.gb.M] full pa.we, or >uhQuuhnn and rcV(Kannn, and all of the acts nl said Arromcyl %Fm to 1. pursuant to the>c presents, arc herchv Milled and comlirmed this Power sit Ammney n granted anti .> signed by facsundc under and by authority sit the following resoluwns adopted by the respective IU+ad! of Directors of DEV1iIOPP.RS SU RIA Y AND IN DLhINI I Y('ONIPANY and INDI M Sfr Y( Otil VANY OF I. ALIFORNI A. effective msit November I._ >(RMI Rr:SOLV IA). that rise Chaoman of the &ad. the Pm.,dent and any Vice Presaknl of the cotpomtion he. amt that each or them hereby t>. auduxvxd m exceuta Power sit All n.nvy, qualifying the Allouwvw named u. the Powers of Athtncv In exnme, oo behalf uI the uupouvions. Marls, undertakings and contracts III suretyship, and that the Secretary tt Any 4».panl Secretary of the corporations he. and each or them hertbv u, authao/rd to Inimi the cxcaunun of any such Power of Attorney. RESOL V I:D. FI. R I IIh R. that the signatures tit such officers may he allixed to any such Power of A tins ncy of to any cenafieam relating thereto by lacs.mok, and any such 11owtt sit • lissiney sir Beni icme bearing such facsimile mirvatures shall be valid and binding upon rite corporation when vo aflixed and to the linum with respect to am bud, un ettAinig sir contract of sumtvshrp to wfimh a is attached. IN WI INESS WNFRLOP.OI It 11 OPIRS SURETY AND INDF. MNIIY (-O%IPANY and INDEMNI rY( OMPAN Y OF( %I IFIIRNIA have severally caused these pesanb to he signed by their .capectne Lxecmrve Vice limsdent and ansrotad by then rc Ijwuve Secretary thn I st day sit Ike vuder. 2005 By Ihcd N. Rludes, Executive Vac- Presukm .. - -- ; •v��l .AND ,,yQ •,.,. Oyy,PgNYOF :.P '.1 . , ..... F_': 4 _wPOR, n OCT 10 fnc W 1967 Ry. _ 1936 ;'Di of /cgGFOPv WaltuA Crowell. Secretary __. 4a s_ /OwAr'sa STA'f E OF CALIFOR N IA COUNI Y OF ORANOI: On December I. 2W5 before me. ((ma L. Gamer. Notary Puhhc (here .run "ante and ride of the officer 1. personally appeared David It Rhodes and Walter A Crowell, personally known in me for proved its me on the bast, of sattelictury evidence) to be der persrnlal whose name(sl Wam subxnbed lathe within msrauntenn and aeknowtodged to me that W,lu they cxmuted the same to his.litt,dac.r awh ontad carecity0cs). and that by Toxhutnbetr s.gnamnVslon the instrument the persa ts). or the entity upon behalf of which the perann(s) acted, executed the mstmment. WI INFSS my build and otriaal seal Signature _ 6" za.- GINA L. GARNER COMM. k 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My cairn expires May 13, 2OD9 CERTIFICATE relic antlers. tgnad. n Assistant Secrxlary. of DI VLLOPL•RS SURLI" Y AND INDEMNI 'I Y COMPANY and INDEMNI 1) COMPANY OF CALIFORNIA. dots hetictsy certify that the Uxcgmng Puwtt sit AUwntev msmuo> m full force roil has nN been reedit. aml funhcrmanr, that obe po..oatnso( the rsxtuttons of the reap W rive B wds of l>.mlom of sad aorpmatioro >el funA Indic Powa of Anona), arc in force as of the date of flan Certificate -'') This Certificate is executed to the Crty of Irvine. Caldomia. the.. day of S.i'� - �o 13Y _ Al" Ndlebm id• Assistant Secreuov ID- I71101Rev 12A15) State of California County of ss. OnjU nQ before me, tHle � personally appeared CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT - pnry / q N01 ed Nan ul V /r / - 1 • / panted N~s) of S19nerttl LJ personally known to me - or - Xproved to me on the basis of satisfactory ide e: ,>_1r_,1orm(s) of identification ❑ crediblewitness(es) __ _ to be the person(`,)ewhose name(* is /are subscribed to the within instrument and acknowledged to me that he /sheAhey. executed the same in his /hertU& authorized capacity(ies), and that by his /herftheir- signature(s) -on the instrument the person(s)-or the entity upon behalf of which the persons} acted, executed the instrument. I.AA COMM. P 14*7541 Wary PuDlSc • ealifalw o = 01011y Rlvefslde County Conim. Er es ft4.2M@ (Seop WITNESS my hand and official seal. OPTIONAL INFORMATION Although the information in this sec [ion is nor requited bylaw, It could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority Is /are as: ❑ Individwi(s) ❑ Anomey- infaclt ❑ Corporate Olficeds) ❑ GwrdwKonservator ❑ Pam*f- Umted/C.f*ral v Trustee(s) ❑ other. representing: Nunetd of perton(t1 a EnutyW signer n AeIMHenhrp ❑ Additional Sgnet(t) [, Slgnertsl Thumbprint(s) ❑ Otnn 0 Cn0111get'0 Notuy Aoury. me 915 111h 11 0a ",n s lA 5002 1612 y rm ACa01 02/U to reorder, c•II tolldee 1-877 09-65114 a ww m on The lmerrat it hnp / /www 1h"U1*lytnap com 0 0 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder RECORDING REQUESTED B jdD I�I p �i��; ����i��h���id��° I�IIi���i�l ✓L�i��ill�i��iH�iI��;NO FEE WHEN RECORDED RETURN d: 220080004488410801am 09/25108 711, nrT -2 �4 6 2 1 City Clerk 0 00 0 00 0.00 0 00 0.00 0.00 0 00 0.00 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 LM U, T„",i m "Exempt from recording lees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, I�`1 Newport Beach, California, 92663, as Owner, and Bravo Sign & Design, Inc., of Anaheim, California, as Contractor, entered into a Contract on May 22, 2007. Said Contract set forth certain improvements, as follows: City Gateway Signage Project (C -3914) Work on said Contract was completed, and was found to be acceptable on September 9. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. i BY - Public Wdrks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /o, aixp at Newport Beach, California.' vvv — I Aa � ill I" RX01 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC November 6, 2008 Bravo Sign & Design, Inc. 520 East Central Park Anaheim, CA 92802 Subject: City Gateway Signage Project (C-3914) To Whom It May Concern: On September 9, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 25, 2008, Reference No. 2008000448841. The Surety for the contract is Developers Surety and Indemnity Company and the bond number is 761601. Enclosed is the labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk encl. 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 �t�tiv.city.neu��ort- heaeh.c a.us • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 BOND NO. 761601 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach. State of Califomia, by motion adopted, has awarded to BRAVO SIGN & DESIGN, INC., hereinafter designated as the 'Pnrcipal." a contract for construction of CITY GATEWAY SIGNAGE, Contract No. 3914 in the City of Newport Beach, in strict conformity with the plans, drawings, spe:;i!ications and other Contract Documents in the office of the Public Works Department of the C ty of Newacrt Beach, all of which are incorporatod herein by this reference. WHEREAS Principal nas executed or is about to execute Contract No. 3914 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or ether supplies used in, upon, for, or about the performance of the work agreed to be done, or for ary work or labor cone thereon of any kind, the Surety rnt this bond will pay the same to the extont hereinaftar set forth NOW, THEREFORE, We the undersig,ied Principal, and, DeveIg=.s_Smmty_ and ln emnity Comoany duly authDnzed to transact business under the laws of the State of California. as Surety, (referred to herein as 'Surety) are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty -Four Thousand, Two Hundred Dollars and 001100 Cents ($184,200.00) lawfu money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment •well and truly to be made, we bind ourselves, our heirs, executors and administrators. successors, or assigns, jointly and severally, firmly by These present. THE CONDITION OF THIS OBLIGAT;ON IS SUCH, that if the Principal or the Principal's subcortractcrs, fad to pay for any materials, provisions, or other supples, implements or machinery used in, upon, for. or about the Derformance of the erork contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment DevelDpmen: Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such worx 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 obtgations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the Slate of Califorrva. Newoort Beach Finals.Ddl i • The Bcnd shall inure to the benefit of any and all persons, companies, and corporations ent tied to file claims under Section 3181 of the Ca6lomia Civil Code so as to give a right of action to them or thoi� assigns in any suit brought upon this Bond, as required by and in accordance with the provisions o` Sections 3247 et seq of the Crvil Code of the Slate of California And Surety, for value received, hereby stipulates and agrees that no change, exlensicr of time, alterations or additions !o the terms of the Contract or to the work to be performed thereunder or It-e specifications accompanying the same shat in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or addtfons to the terms of the Contract or to the work or to the specifications In the Hvent that any principal above named executed this Bond as on individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21st day of June , 2007. BRAVO SIGN DES N. INC (Principal) Authorized SignaturefTdie Developers Surety and Indemnity Company Name of Surety Authorized Agent S gnature 43391 Business Park Dr„ Ste C-6 Address of Surety 951- 296 -6800 Telephone Christopher A Lydick, Attorney-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V I ss n Dam personally appeared wo C "� :!q cam 1 Olkel(eg. -i Dm Noary ri l , Namef :l u s,�le1 (?'personally known to me L) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand n official eal. epee Notary Ser A6we svii u e of Notary Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relyang on the document and could prevent fmudulenf removal aZma chment o f this formnto anot r documentDescription of Attached Document„ /� 1 �„� P m Title or Type of Docum(^ent _ /_ _` I� Document Date: �/ Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name: _ C Individual O Corporate Officer — Tdle(s): U Partner — l=7 Limited U General U Attorney in Fact L; Trustee ❑ Guardian or Conservator f_� Other: Signer Is Representing qm0 lme f. I 99 -93W De Solo Ave PO 6a, 2401 • C141)e _ CA 91313 2402 1Aw No 5%, Roomer Cae TW f 1. 14100E16�127 • • I'O7(FIt OL \I I(WNI1 I(III DEN. tLOPERSs I IC I IN \ \I)I\DININI IN( ONIPAi \1" I \I)ENI\II1 ((I\II' \ \1 OI ( \I I1OR \1\ KNOU \LL Nil x DS ITII Sh PRI•SI-.N'IS. slim cxcepm as c+prc +>ly IummJ. DI %I'1 OI'I Iri %INI r1 ( Oki P \NY and INI)I.MN11\' ( 0%1IIAN) 01 (' \I ll OR \I.\. h, co, h. hrrcb+ m.Qc. o.mWu I, and app.nn, ** *Christopher A. Lydick, Melody L. Spaur, K.A. Eby, Timothy C. Baker, jointly or severally * ** A, the., trust, and lawful 411mncyh ) m -Fact. to make, clovule, de•hvcr and ad.wn. Ira e. Iw and on thh:df of cud colTMn.m- ... a.. wrellc+. Minds, undcnekmF+ mld etsauacts of suaryshp gnmg amt eumutg unto .aul A roomy spm4ac, full ponce. alld aulho, ivy its do LNI hl Pelforin c,cm •Ill Meer, mclunite Ill pwpn Its he done .n conocYI Wn IheKU uh a+ each of+.md QNpnMtt(m] ctsuIts do hill se'w's \ Irtl' lu raa h or > ,d csnponhon+ hill plotter .d +uhsumuon and mcocalwn, and All of the aas ul aul Afromcyl d -m l as m. pursuant its thew pre.cnts, are hrciv, ramdied anti umtirmrd I lot Prover wI Aoonsey ss granted And r..lgned by faonvde under and by authoumy of the lollox mg resuhm.ns adopted by the lr.petiove Doud of Dlrcct.n of DI I I OPI. KS %t RP I Y AND INDUNINI FY CA IKIPANY and INDI \INli l' f'1 m' 'ANY OF ( ALIFORNI A. elfieUvc a. ul Nuvnnbcr I. 2(MMI RF.SOIN(A). that the ('hamvan of the hoard, she President and any Vice Prc+.dent of the curptrmon he. and flue each tit them hereby ot. amhnnved to "Rattle Powers of Auoswry, qualifying the atiornryla ranted tit Ore Poorer. M Atl,mlcs la exceum. on Behalf of the rmpsnamms. hinds. undenakinp and eonhael% of surelyshp, and that the Secretary of Any •\Onpnl kcmmary of the co.pq,huu., he.:uM each nl them hrtebv is. autholved to aural the execution of ally such fewer of Attorney. RFSOI V'1 0. fl R I HFR, that the asguawres of such of ican roar he attl\ed mot nq such Issues of Airtime) its to any ccnslicaw relating therelo by tac,muic. :rod anv +och Power of All ..My or ccndicare hcanng .wit lac+smdc +ignatwc\ .hall he sated mld holding uptm the cognation when vu affixed and in the future with rc+pxYl In Am food. undertaking or contract of WlelVxinp lot u'hsCh it i% sluch-d IN WI I NI SS N HI III OF. 01A LLOPLKS SURETY AND INDUMNI 11" ('ONIPANY and INDI MNI I Y COMPAN Y Of ('ALI V ORKIA have w,cially cauwwl thew fuse cs.,. 1, Intl h5 their respective Executor Vice President And mlohd by then msfac l oc Ses.mlan' Ihn Ist day of Iktinllb r. 2005 - ey — —. _ _ _ .• Al AND 7A°•"I yy,P ANY David 11 P ,de+, fnecufnC Vice. Prealdent •'pE' .....•...... o" ", C sit OCT 10 :n. ist Ply _ ; °�: 1936 ;'a° o W9IlerA ('ruwell. C'mut : `aq•- y jDj SIAI h OF CAI.IfORNIA COUNT Y OF ORANGIf On December I. NNIS before me. Cunt L Gamer. Solari, Isubhc there sawn startle and tide of the officer I. pco.mal by appeared Davld If Rhodes anti W'ait".\ Cluwell pemonally known to mr for tloved to tM no the hurt of atolacMn" cUJPneeI to he the MK )nl+) uho.w nalnQH bare wthfcribed IU the within nu worsen r and ackw.wkdged h. ose that hehhc they awwd the amhr us lush. It.en a ith,u vd upacrtyLal. and Ihal by hirher•IIKU . lgrotumf o on the ut Inmtcnl the perster . or the crusty uilm behalf of witch the payout sl acted, executed rise uotuoulnt W l l NI-SS my hand aml ot5cul seal Ssgnahhe _ 672a GINA L. GARNER comm. 41569561 $p I'll \ NOTARY PUOLIC CALIFORNIA j 3 .� ORANGE COUNTY J ' My comm. Npr" May 13.2000 CERI If H \I I fhe undmignd.r+Avwnnl Secretary. of ULVf. LOPL•RS SERI I I \Ell IN PI VMIf (OVIPA\1 and INDEMNI'I Y f.'( IMPANY OF CALIFORNIA. due's hereby cendy that the foregoing Power of Auomev remains in lull force and him 1M.1 IhYn rrtttkcd, ind Imllierniewe. that the flow n1tM5 o(Ihe mitolulluns of the nni cchve Huard. tit Ihrnfun of said corptlnbons wt forth in du• I'uwer of Allonte \, are tit f'osce,a%of fl r dam of shot ( cmficatc TMs Certificate is excculcd in the ( fly of In roc. ( aldomu. mha� I day set ifs-$ C� Fly /� _ _ Afben IGlkbrand. Assotlant Secretary IM 1380 (Rev 12,05) State of California County of /�j I ss. On Jt-4'l.E I , a l beforerne, CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ertleJ 4uur �! NOr P Lr personally appeared P! ,11d N4mehl of Ygnen, � ,personally known to me - or - proved to me on the basis of satisfactory ide e: , '>00orm(s) of identification .. I crediblewltness(es) to be the persortfsl• whose name(?) is /are subscribed to the within instrument and acknowledged to me that heilshe,44ey. executed the same in his /herAhoir authorized capacity(ies), and that by his /helAheir signature(* -on the instrument the persortfs);-or the entity upon behalf of which the personfs} acted, executed the instrument. K. A. Eff COMM. • 1437M Nolaty PUNK • Gklwds Riverstde County = 0N Comm Evves 1, 2001 WITNESS my hand and Qfficial seal. SignalNre a (Seal) OPTIONAL INFORMATION Although the rnformanon,n this sec tton n not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated _ The signer(s) capacity or authority Is /are as. ❑ Indlvlduwks) El Attorney -m -fwr f_l CorpwateOfticros) _ hand ❑ GwrdtarVCtxiwr alor 0 Partner llmded/Gaterat ❑ Trusteew ❑ Other representing _ NamtlH M Plnonitl or tnlrtYlretl 9gna q 11eDmten6n9 — J 0 Cgyyrrghl 1004 N.41, Notary. lne 91S 2916 51 det Mornet. U S0111 1611 !arm ACN01 02/" To re otter. Call 1011 Ifee 1 877 149 6588 w vnn m 00 the Internet At "'To r/w w themuryMOO CO CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC September 10, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for City Gateway Signage Project (C -3914) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 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 Bravo Sign & Design, Inc., of Anaheim, California, as Contractor, entered into a Contract on May 22, 2007. Said Contract set forth certain improvements, as follows: City Gateway Signage Project (C -3914) Worts on said Contract was completed, and was found to be acceptable on September 9. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. BY Pubtic'Wdrks Director City of Newport Beach VERIFICAitON I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on�!„J /� , aooriJ at Newport Beach, California. 10 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT BY THE CRY COUNCIL CRY OF NEWPORT• BEAT vC' is y Agenda Item No.' ' 11 � `' September 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 -644 -3316 or ptauscher @city.newport- beach.ca.us SUBJECT: CITY GATEWAY SIGN PROJECT— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3914 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. 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. 4. Release the Faithful Performance Bond one year after Council acceptance. Discussion: On June 12, 2007 the City Council authorized the award of the City Gateway Sign Project to Bravo Sign & Design. The initial contract provided for the installation of eight gateway signs featuring prominent City and district entry points. On the same night, Council approved a ninth monument sign to be located at East Coast Highway east of Cameo Highlands Drive delineating the easterly boundary of Corona del Mar district. On April 8, 2008 Council approved additional funds for a tenth sign at the northwest corner of Newport Coast Drive and San Joaquin Hills Road to identify the Newport Coast Community Center. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Contract Cost Summary Original bid amount: $184,200.00 Actual amount of bid items constructed from original contract: $184,200.00 Total amount of change orders: $ 56,696.00 Final contract cost: $240,896.00 The change in the final contract cost is primarily due to the addition of two signs to the project: 1) Easterly Corona del Mar Gateway Sign, and 2) Newport Coast Community Center Sign. The change orders resulted in an approximate thirty -one percent (31 %) increase compared to the original bid amount. The following is a description of the change orders associated with this project. . City Gateway Sign - Complellend Acceptance of Contract No. 3914 September 9, 2008 Page 2 CO# Description Cost 1 Easterly Corona del Mar District Sign $ 20,000.00 2 Caltrans Encroachment Permit $ 2,270.00 3 Newport Coast Community Center Sin $ 34,426.00 Change Order Total: $56,696.00 The original nine gateway signs were completed prior to January 18, 2008; however, with the addition of Newport Coast Community Center Sign at the request of the Recreation and Senior Services Department, the completion date was delayed by seven months. The additional seven -month period included time to design the community center sign, obtain approval from the NCAC and The Irvine Company, order specialty lighting, fabricate and install the sign, and landscaping. The following is a summary of the project schedule: Schedule Summary . Estimated Completion date per June "07 Schedule: February 2, 2008 Project award for construction: June 12, 2007 Estimated completion date at award: January 18, 2008 Actual completion date: July 17, 2008 Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses summarized as follows: Construction $240,896.00 Design 33,550.98 Project Inspection 3,159.68 Surveying 2,411.75 Incidentals 314.81 Total Project Cost $280,333.22 Funds for the construction project were expended from the following accounts: Account Description City Entrance Monument Signage City Entrance Monument Signage Directional & Wayfinding Signage Prep"d by: A� 14r Peter Tauscher Junior Engineer Account Number 7014- C2700813 7019- C2700823 7261- C2700813 V!�74 Public Works Director Amount $78,276.00 $ 39,780.00 $122.840.00 • F 7 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • hr kl 6 8 Agenda Item No. 9 April 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher 949 -644 -3316 or ptauscher @city.newport- beach.ca.us SUBJECT: City Gateway Signage Project — Approval of Additional Funds for Contract No. 3914 Recommendation: Approve a Budget Amendment transferring $34,426 from the Newport Coast Community Center FF &E, Account No. 7019- C5100977, to Account No. 7014 - C2700813 for an additional monument sign at the Newport Coast Community Center (NCCC). DISCUSSION: On June 12, 2007, the City Council awarded the City Gateway Signage contract to Bravo Sign and Design, Inc. (Bravo). The contract called for the installation of eight monument signs to provide a welcoming element to the City. The Recreation and Senior Services Department proposed an additional monument sign at the southwest corner of Newport Coast Drive and San Joaquin Hills Road intersection identifying the Newport Coast Community Center. The Recreation and Senior Services Department worked in concert with Dougherty + Dougherty Architects to arrange the concept plans for this new sign. Subsequently, Public Works staff and Bravo jointly prepared the sign specifications. Per the estimates provided, the Contractor will have six to eight weeks to complete the sign installation, which includes preparing and submitting detailed shop drawings and sample cuts of the products (i.e., panel color, bronze letter and ornamental features, uplighting and concrete with specified finish) for constructing the NCCC monument sign. The cost of the additional monument sign, which includes the fabrication, installation, landscaping, electrical work, and spare ornamental hardware is $34,426, exceeding 125 percent of the existing contract. Per Council Policy F -14, City Council approval is required for the additional contract expense. A Change Order has previously been issued in the amount of $20,000 for the addition of the easterly Corona del Mar monument sign. City Gateway Signage Project — Approval offitional Funds for Contract No: 3914 April 18, 2008 Page: 2 Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: Not Applicable. Geotechnical, Material Testing. and Survey Services: Geotechnical, material testing, and survey services are not anticipated for this project. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following accounts for the project: Account Description Citywide Wayfinding PT1a4'77:TZko"— red by: Peter Tauscher Junior Engineer Account Number 7019- C5100977 Total: Submitted Amount $ 34,346 $ 34,346 m G. Badum Works Director 1 LJ n LJ • 0 6 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 9 Agenda Item No. 9 April 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher 949 - 644 -3316 or ptauscher @city.newport- beach.ca.us SUBJECT: City Gateway Signage Project — Approval of Additional Funds for Contract No. 3914 Recommendation: Approve a Budget Amendment transferring $34,426 from the Newport Coast Community Center FF &E, Account No. 7019- C5100977, to Account No. 7014 - C2700813 for an additional monument sign at the Newport Coast Community Center (NCCC). • DISCUSSION: On June 12, 2007, the City Council awarded the City Gateway Signage contract to Bravo Sign and Design, Inc. (Bravo). The contract called for the installation of eight monument signs to provide a welcoming element to the City. The Recreation and Senior Services Department proposed an additional monument sign at the southwest corner of Newport Coast Drive and San Joaquin Hills Road intersection identifying the Newport Coast Community Center. The Recreation and Senior Services Department worked in concert with Dougherty + Dougherty Architects to arrange the concept plans for this new sign. Subsequently, Public Works staff and Bravo jointly prepared the sign specifications. Per the estimates provided, the Contractor will have six to eight weeks to complete the sign installation, which includes preparing and submitting detailed shop drawings and sample cuts of the products (i.e., panel color, bronze letter and ornamental features, uplighting and concrete with specked finish) for constructing the NCCC monument sign. The cost of the additional monument sign, which includes the fabrication, installation, landscaping, electrical work, and spare ornamental hardware is $34,426, exceeding 125 percent of the existing contract. Per Council Policy F -14, City Council approval is required for the additional contract expense. A Change Order has previously been issued in the • amount of $20,000 for the addition of the easterly Corona del Mar monument sign. C* of Newport Beach BUDGET AMENDMENT 2007 -08 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 08BA -068 AMOUNT: F $34,426.00 PIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Newport Coast Community Center FF &E account to the Citywide Wayfinding Monument Signs account for an additional monument sign at the Newport Coast Community Center. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account VUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Division Number 7019 Capital Purchase & Repair Account Number C5100977 Newport Coast Community Center - FF &E Division Number 7014 Misc & Studies Account Number C2700813 Citywide Wayfinding - Monument Signs Division Number Account Number Division Number Account Number Division Number Account Number Signed: SiO Manager Amount Debit Credit $34,426.00 $34,426.00 Automafie System Entry. Director Date Date,*' Signed: City Council Approval: City Clerk Date 0 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 31st day of May, 2007, at which time such bids shall be opened and read for CITY GATEWAY SIGNAGE Title of Project Contract No. 3914 $210,000 Engineer's Estimate PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE http://www.city.newport- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding blic Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "Al," "C8 and C23, " or "C45" For further information, call Iris Lee, Project Manager at (949) 644 -3323 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL....................................................................:........... ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 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 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be-received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not pen-nit 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 revision 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. 7. 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 • E 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 relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. C, y139/ c (101Joy?0 A Contractor's License No. & Cla sification g i -014 0 S% q n 5 X125I ri I n c Bidder 5 , Authorized SigiKatuterritle Date 4 CITY QF NEWpoRT EEACH PUSUC WORKS PEPARTMENT . We, the undersigned Principal and Surety, our successors and assigns, execula s, heirs and administrators, agree to be jwdy and severelhr held and firmly bound to the City of Newport Beach. a charter city, In the principal sum of en Percent (10 °) of Amount of Bid Daftm ($10% of Bid Amour to be paid and forfa M to the qty of Newport Beach 9 the bid proposal of the undersigned Principal for the construction of CRY WtWAY Siff' AGF, Contract No, 3914 In the Cry of Newport Beach, Is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, I the PrIncipai fails to execute the Contract Documents in the form(&) prescribed, lyduding squired bonds, and original insurance and endorsements for the construction of projsd wkM thirly (30) calendar days after the date of the malting of 'Nctl9catfon of rd", otherwise this obligation shall become null and void. If ft undersigned Principal exec ullIng this Bond to executing this Bond as an wavidual, is agreed that the death of any such Principal shall not exonerate the Surety from Its igallons under gale Bond. Witness our hands this 29th day of May ptl Bravo Sian and Desian. Inc. alopers Surety and Indemnity Co. of Surety Authorized Agent Signature 43391 Business Park Dr., Ste. C -6 Christopher A. Lydick, Attorney -in -Fact Print Name and Two (Notary adcnawledgmeW of Princhpal 3 Surety must be attached) 053107 Bid.pdf • 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of On '-3-07e O ,before me Date �� ) Name �tlar (e.g..'Jelre Doe. NatarS Futile) personalty appeared L /`�J` Rrpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITN S my hand an official dal. Place Notary Seal Above Signature o1 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: q f ^✓,IVV�XCC�7��' Document Date: I!�` °�1 °� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RiGHTTHUNiBPRINT OF SIGNER LN ®1997 National Notary Association • 9350 Do Bolo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 PruO. No. 5907 Reortler Cal Tell -Free 1. 000870.0027 0 0 POWER OFATT'ORNEY FOR DEVELOPERS SURETYAND INDEMNITYCOMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINL, CA 9262.1 (94917-63 -3300 KNOW ALL MEN BY'FHFSF PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND IN DEMN I'FY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make constitute and appoint ** *Christopher A. Lydick, Melody L. Spaur, K.A. Eby, Timothy C. Baker, jointly or severally * ** as their we and lawful Attorney(s)-in-Fact. to make, execute deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and graining unto said Attomey'Is) -an-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith a, each of said corporations could do, but resen ing to each of said corporations full grower of substitution and revocation, and all of the acts of said Attomcy(s Fin -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is graced and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DF;VFLOPF,RS SURETY AND INDEMNI "FY COMPANY and INDLMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the arrorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and cmumcts of suretyship: and that the Secretary or any Assistant Secretary of the corporation, be, and each of them hereby is, authorized to attest the execution of any such Power of Aromey: RESOLVED, FUR] HER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond undertaking or contract of suretyship to which it is attached. IN WITNESS WH FRFOF, DEVELOPERS SURETY AND INDEMNITY COM P.ANY and INDFMNIIY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Lxecutive Vice President and attested by their respective Secretary this I st day of December, 2005. Rye v . °nun ..a w\ David H. Rhodes. Exec miye Vice - President +'- P'r'•" ^• +�F"'s C PPOq, _ i m OCT. 10 (1, •o: 1936 Uy Walter A. Crowell, Secretary %,'Py,)p,,. ,�yD,$ �CrFOP` STATE OF CALIFORNIA COUNTY OF ORANGF; On December I. 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter-A. Crowell, personally known to me for proved to me on the basis of satisfactory evidence) to he the pemonls) whose name(s) islare subscribed to the within instrument and acknowledged to me that he%shc.'Ihey executed the same in his'her.'their authorized capacityfies), and that by hispher!theu srgnature(e) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrtouent. W1 FNESS my hand and official seal. Signature GINA L. GARNER COMM. # 1569561 NOTARY PUBLIC CALIFORNIA (SEAL) ORANGE COUNTY 3 My worm. expires Mar 1 -2009 CERTIFICATE The undersigned, as Assistant Secretary, of DL V ELOPERS SURL'I'Y AND I N DEMN li Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the tinegoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. arc in force as of the date of this Certificate. This Cerificate is executed in the City of Irvine, California, the y/` day of ZX / By Albert Hillebrand, Assistant Secretary D. 1380 (Rev. 12105) State of California County of ss. ri7i1 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT �5la0iA7 before me, Date a Printed Name of NotavrRIblic personally appeared ❑ personally known tome -or - proved to me on the basis of s '>�Pform(s) of identification _ ❑ crediblewitness(es) to be the persorffs} whose names) is/aresubscribed to the within instrument and acknowledged to me that hefsbeAhey- executed the same in his /hefAheir authorized capacity(ie*, and that by hisfhefltkeiF signatures} -on the instrument the persons)ror the entity upon behalf of which the persons} acted, executed the instrument. far COMM. OZI!�U Notary Pnblit • i(M:dlr 9 Comm. Expires.ldi a. WITNESS my hand and official seal. Signature of Notary Pubhc (Seal) OPTIONAL INFORMATION Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Namefs) or Person(s) or Enbty(ies) Signer is Representing (.l Additional Signer(s) ❑ Sig"r(s) Thumbprint(s) ❑ Other 0 Copyright 2004 Notdry Rotary, Inc. 925 29th St., Oes Momes, IA 50312 -3612 Form ACK02 02/04. to re orde. call toll -free 1- 877369 6588 or visit us on the Internet at hnp,//www.tnenotaryshop.com Best's Rating Center - Companoiformation for Developers Surety and 40 emnity Comp... Page I of 2 Rating Cente, I Indust" Research I Ratings Definitions r s Search Bests Rath¢•. Pre" ReMent Related Products 0 Risk Get F Z an A r) View Ratings: FinanciaLStrangth Issuer Credit Securities A vanced Search Developers Surety and Indemnity Company (a member d INSCOIDICO Group) A.Mee9#11]52 NAIC #:12718 MN*.Q=9719 Address: 17780 Fitch, Suite 200 Phone: 949 -263 -3300 Irvine, CA 92614 Fax 949 - 252 -1959 Web: www.ingcodico.co t Best's Ratings Financial Strength Ratings View Definitions Rating: A- (Excellent) Affiliation Code: g (Group) Financial Size Category: VII ($50 Million to $100 Million) Outlook: Stable Acton: Affirmed Effective Date: June 15, 2006 * Denotes Under Review Best's Ratings Other Web Centers fl, Assigned to cwnpanles that have, our conlon, an excereM eeieyto w their ongoing odigatk.s to IwllcAbde,s. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. 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Financial and Analytical Products Best's Property /Casualty Center - Premium Data & Reports, Best's Key Rating Guide - P /C, US & Canada Best's Statement File - PIC, US Best's Statement File - Global Best's Insurance Reports - PIC, US & Canada Best's State Line - PIC US Best's Insuance Expense Exhi bit LIEE), PIC US Best's State/Line (Combined Lines) - PICr US Best's State Line - Property / Casualty - Single State Bgg g Sch9d l- e`(Lms Reserves) - PIC, US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Polity I Security I Terms of Use I Legal & Licensing http:// www3 .ambest.com/ratings[FullProfile. asp ?BI= O &AMBNum= 11752 &AltSrc =1 &A... 06/05/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the 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 Bid Item Description of Work %of Number Total Bid Name: SCIn r-i V r F-X Q rc berr,co . �I, a Address: (f 2-4 s1,30evra lsr S% Whi- 44le -r CA go(oO5 -- Phone: 5Co L- 49to 3 -�UGb State License Number. Name: 14 ! wAY ^a� Address: 17,'5 it) 6*7W ?7 c4i-/loo Tfti4Fl~t� epJT�Ot^ + p CA, 011-7 115 Phone: 909 - 5-11 _ 170 l State License Number: -7957-653 Name: Address: Phone: State License Number. �jrcty o S I� r7 s �cs1� n (rtC Bidder Authorized Sign ur itle 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. rcZU 0 Si g rz —> P-1 /nc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No j 1 ,tL/i ��j r�1� Project Name /Number '„` �`-*"" �Project Description �i�1ri't 'J -ZwY7 )5 Z7Lr- � n e_ �s 91 g /7 S 4h T Approximate Construction Dates: From (a - 13 -0Co To: I I - Z - O (/ Agency Name C 1 4J OT 1. g ke w cod Contact Person x'1')4 X W i -,►-h e0'v -! Telephone (s4 3(Ac -'y 77 / Original Contract Amount Final Contract Amount $ 9'`/i 3 c O 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. I/ 0 No. 2 Project Name /Number Project Description 0 0 A-F�_( 6v� -%r� Ca�nCre� j'?'iO✓IUYY�E�'l-�S C?�'�CI Si9l'� �7- pgYZttrf Approximate Construction Dates: From Agency Name -2/-06 To: 41-/-040 Contact Person 8 re4- Ir Ve Telephone (624 35/ - �SOV Original Contract Amount $ 35970001 =final Contract Amount $ 35 9, coo 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. U No. 3 Project Name /Number Project Description 57�7_';' tP0/Js Jk)b0CZ_ J*t -1_S Approximate Construction Dates: From j0 - 06 - O-STo: -3- / - C> (v Agency Name xJ S4c, -le . v Contact Person , � ok n -F _'PP S Telephone (31V 2q-3-3804 Original Contract Amount $ IZ4.,MD Final Contract Amount $ / Z'/i OD(D 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. /VQ 0 10 Project Name /Number ODD (OW iJ TUST /4J �[(S -OZtC, Project Description S% Q n ,bl^ 09 k-0 m f {tom CE� h OUT' C r Approximate Construction Dates: From :z- /Y-6 S- To: 6 -z r,- 05 Agency Name % :�7 O * 7'u S 4 '-k ` Contact Person J G kl A r-Q u 9e i t -S Telephone (vV) S 73 -3 / (.'f Original Contract Amount $ 74'b-70 Final Contract Amount $ 470 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. Na No. 5 Project Name /Number Project Description Approximate Construction Dates: From (�-4o - O /a To: /o - i o - O Agency Name G I I`� __0+ t9 V\-4 OL d i � Contact Person Pe CYO r ¢ q �9 Telephone igoL 39S- Z`F Z7 Original Contract Amount $ LlJ 871 Final Contract Amount $ 41/ S 71 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. Nn CY No. 6 Project Name /Number Project Description 0 Approximate Construction Dates: From Agency Name 3 -�a -or - SOv'14rceS F, ,rW� -2-0-05 Contact Person pah M 4 n 42- Telephone osrb 114 3- 6 (o o (o Original Contract Amount $ &dj-"1 Final Contract Amount $ to), 591 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. F3rca y v Sf n s b-es/J n Irwa Bidder Auth ized Sign re/T le W a cA-IJ IPD U t D'a- mo p- a 1NC,L-vwJ106. RFC-FAJ7- f� fT'� cWk PcFrF-o w j Vora��E�� 10 State of California ) ) ss. County of ORAe/GE ) 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 NON - COLLUSION AFFIDAVIT (LictAe£ bein first duly sworn, deposes and says that he or she is Sto6�1T of 3R+9+ia S /VU tj292& ) #-k, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder A horized " ture/Title Subscribed and sworn to (or affirmed) before me on this k- All `day of /%%}V , 2007 by FZ2, k lades Fn Q,R or proved to me on the basis-of satisfactory evidence to be the person(A) who appeared before me. W Notary public I California Notary .:. Orange County .� r [SEAL] , J10 My Commission Expires: 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 DESIGNATION OF SURETIES N Bidders name BrcLq © S I q Vt 5 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): 0-Hv,G1L Y,0( -," 0W 94LI -zi t - 5335 sqx 94q - x.(01 -)Qt ) TU4 �e V-N S ► Sur -Q n CC aql 3 S. F'u11Yr'j0'► -, SctnA.% V y� c ro9 °12705 Lto�bII; `13 39 14 e De r--e- i gw�re-oLol,. G4 gzsgn g15 i—zap- bew 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 CONTRACTOR'S INDUSTRIAL SAFETY RECORD" TO ACCOMPANY PROPOSAL Bidders Name $t"a\J o S1 q h s per" Z Q Y1 JYfC Record Last Five (5) Full Years Current Year of Record 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. 13 Current Record Record Record Record Record Year of for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts 78 180 150 14lu 1 `FZ� 151 851 Total dollar 475,4(91 2,2�,4�D ,4�,o6011SN17 -C4 i,381,70o I.," 0�4LAO,l Amount of Contracts (in Thousands of $ No. of fatalitiesd} No. of lost Workday Cases 4R,- �- �- No. of lost workday cases A?r f� �- involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder (3rO.V0 S v\ S ASS i Y1 Inc Business Address: SZb E • vi4-mI m Business Tel. No.: 71 q -2 S I) --O50 6 l Z�3o 2- State Contractor's License No. and Classification: (v41 C co // 142 A Title Lo r per cx 44-o y, 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 bidd Da Tit Signature bidd Da Tit 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. 14 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of On Nb t , before me, v( Data � 1 Name�q"h U. personally appeared 3io ua lerpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and seal. official _ l seal. J Place Notary Seal Above sigreWre of Notary PWlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remAand achmen of this form to another document Description of Attached Document �F„�Title or Type of Document: Document Date: v b Number of Pages: —� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of th nto here • Corporate Officer— Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing 0 1997 Na al Notary Aa la0on • 9350 De Solo Ave., P.O. Box 2402 - ClalawoM, CA 91313 -2402 Pr . No. 5907 Reorder. Call Toll-Free 1300. 678-6827 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OkAAlGE AMR n On lY %21�. 2407 before me, f'hMR 6!f� /iYAAf/ESN. �Orsbt✓ i�dQ[ /c 1� D� N e and 'f�ile of olfcer inle "Jane Do . Nolary Pu4116 personally appeared 2EBrPA LVAJA/ 6010E — I Name(sl of sioneris) AMIR P. PEYMAYESH Commission # 1648980 Nota ary Public - California Orarge county My Comm. Expires Ma 9, 2070 Place Notary Seal Above X(or proved to me on the basis of satisfactory evidence) to be the person(a) whose name(#) is /are subscribed to the within instrument and acknowledged to me that .kle /she /giely executed the same in hie(herRheir authorized capacity(iea), and that by #is /her/tAct signature(s) on the instrument the person(a), or the entity upon behalf of which the person(#) acted, executed the instrument. WITNESS dlv hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: (J Officer — Title(s): _ ❑ Partner Limited ❑ General ❑ Attorney in I ❑ Trustee ❑ Guardian or ❑ Other: Signer Is Number of Pages: Signer's Name: X Officer — Title(s): ❑ Partner — ,Limited ❑ General ❑ Attorney in F ❑ Trustee Cl Guardian or ❑ Other: Signer Is ® 2009 National Notary Association • 8350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1- 800 - 6168627 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 ACKNOWLEDGEMENT OF ADDENDA Bidders name 13Y"cDo1 cD 1 nC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 �J • Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CITY GATEWAY SIGNAGE CONTRACT NO. 3914 DATE: T BY:.- a Ci gineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. A. PLANS -- NO CHANGES TO PLANS B. SPECIAL PROVISIONS 1. Insert missing pages SP 12 and 14 into Special Provisions section. 2. Replace sheets "SP 8 of 23 ", "SP 9 of 23 ", and "SP 10 of 23" with " "SP 8A1 of 23 ", "SP 9A1 of 23 ", and "SP 10A1 of 23 ". Please note highlighted changes. 3. Global: "Monument Sign No. G2 -05" should read "Monument Sign No. G2 -02 ". 4. Replace "Proposal' with `Proposal (Revised) ". Please note highlighted changes. 0 • Page: 2 of 2 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. C> Bidder's Name 5- 2`7 -07 s' ,p Print) i vt. /nC 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 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: ,Br'OV O S i ✓) 5 &-c i j /) t1C Business Address: SL 0 L3 © Z Telephone and Fax Number: 7J11--2-84)-0S00 7/41 -2- 7 V —/ 0 300 California State Contractor's License No. and Class: %�{ 139 / C to //,b tb Na (REQUIRED AT TIME OF AWARD) Original Date Issued: `) . t "")Z Expiration Date: /-% - 30 - O 8 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: be/� ie )'i © r.e - 'F—S-J-7' -'7. r 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 Gil r "G • erl, i i • Corporation organized under the laws of the State of 16 t�, /I" c=,sr/ OG The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: -5(1 1 � 6gsrL4,� -S(&VJ � �ESr For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. PL 0 Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes / o 17 a • 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. Bradb Si 9 V-) r pesi 5rt Inc Bidder (Print name of Owner or President of Corporati n /Company) Autho 'zed Siqn4ureRfitle / (zoS r Title 5 Date Subscribed and sworn to (or affirmed) before me on this -_& day of #2A _,2007 by l�Ae %c1 /s Fo ee or proved to me on the basis of satisfactory evidence to be the person(,$) who appeared before me. AMR P. PEYMAYESH _ Commispon 6 16JS980 Notary Pubic - ColRomla Orange County -ri OMy Comm. Expires Mar 3.2010 [SEAL] 18 My Commission Expires:Q?pp 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 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. 19 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 CONTRACT 0 THIS AGREEMENT, entered into this 4 day of, 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and BRAVO SIGN & DESIGN, INC., a California Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CITY GATEWAY SIGNAGE Project Description as described in the Contract Documents. Contract No. 3914 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, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3914, 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 furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 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 One Hundred Eighty-Four Thousand, Two Hundred Dollars and OO /100 Cents ($184,200.00). 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. 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: Iris Lee (949) 644 -3323 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Bravo Sign & Design, Inc. 520 E. Central Park Anaheim, CA 92802 714 - 284 -0500 714 - 284 -0300 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence' form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 22 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its 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 officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. 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. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) 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. 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. 5. 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 23 0 9 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. 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 Contractor's 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 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 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. 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. I. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. 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. APP OVED AS TO FORff cr, AARON C. HARP Assistant City Attorney 25 CITY OF NEWPORT BEACH A Municipal Corporation BRAVO SIGN & DESIGN, INC. By: Corporat Cffi r) 1A gctafl# - Title: Awes, wr Print Name: cre WA, d • By: (Financial Officer) Title: Print Name: 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SIGNAGE CONTRACT NO. 3914 BOND NO. 761601 WHEREAS, the City Council of the City of Newport Beech, State of California, by motion adapted, has awarded to BRAVO SIGN & DESIGN, INC., hereinafter designated as the "Principal," a contract for construction of CITY GATEWAY SIGNAGE. Contract No. 3914 in the City of Newport Beat, in strict confonnity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Cornbact No. 3914 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars subcontractors. shell fall to pay for any materials, provisions, or other supplies used in, upon, for, or about ttte performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal. and, Developers Pty and IndPmnitY�o tp�L1Y duly authorised to transact business under the laws of the State of CaGfornba, as Surety, (referred to herein as ' Surey) we held firmly bound unto the City of Newport Beach, In the sum of One Hundred Eighty -four Thousand, Two Hundred rollers and 001100 Cents ($184,200.00) lawful money of the United States of America. said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by ttwass prese"L THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principafs subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used In. upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for an xmis due under the Unempioyment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of The Unemployment Insurance Code Min respect to such work and labor, than 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. M." Newport Beach Finals.pdf 0 0 The Bond shall Inure to the benefit of any and all persona, oompanies, and corporations entitled to file dalms under Section 3181 of the California CNH Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by acid in accordance with the provisions of Sections 3247 at seq. of the Civic Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligations on this Bond. and it does hereby wadve notice of arty such change, extension of time, alterations or additions to the terms of the Contrast or to it* work or to the specifications. In the event that any principal above named executed this Bond as an individual. R is agreed that the death of any such principal shad not exonerate the Surety from its ob4gatiorts under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the above named Principal and . rety, on the 71 ct day of June , 2007. SIGN 9f r"ES N, INC. (Principal) Authorized Sdgnaturefritle R Developers Surety and Indemnity Company Name of Swett' Authorized Agent Signature 43391 Business Park Dr., Ste. C-6 Address of Surety 951 - 296 -6800 Telephone Christopher A. Lydick, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AMU SURETY MUST St: ATTACHED 27 Newport Beach Finals.pdf CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 0 V_ k1 C ss. -- ©3 W On before men_ , personally appeared impersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shetthey executed the same in his /her /their authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and official eat al. Place Notary Seal ASova Signature ar Notary Public :e];Y�LeI�TI I� Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and real ach� nt of this form to ano er document � Description of Attached Document � `J Y' [_l lj/i /�jrL_' Title or Type of Document: ' 1t��� Document Date: l4/ ~"`� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chalswoth, CA 91313 -2402 Prod. No. 5907 Reorder. Call TOP-Fm 1.BMB76-6827 0 0 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY" INDEMNITY COMPANY OF CALIFORNIA PO ROS 19725, IRVINE. CA 92621 (939) 263 -330() KNOW ALL MEN 13Y'FHESI4 PRESENTS, that except as expressly limited. DEVELOPERS SURLTY AND INDEMNITY COMPANY and INDEMNI "fY COMPANY OF-CAUFORNIA, do each, hereby make, constitute and appoint; ** *Christopher A. Lydick, Melody L. Spaur, K.A. Eby, Timothy C. Baker, jointly or severally * ** as their true and lawful Altomeyls) -in- Fact, to make, execute. deliver and acknowledge, fbr and on behalf of said corporations- as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(sl -in -Fact full power and authority to du and to perform every act necessaiv. requisite or proper m be done in connection therewith as cacti of said corporations could do. but resenting to each of said corporations full power of substilution and revocation, and all of the acts of said Auorneyls) -in -Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney its granted anti is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURF7'Y AND INDEMNIFY COMPANY and INDEMNI "f "Y COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Heard, the President and any Vice President of the corpunnion be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the auorney(s) named in the Powers of Attumcv in execute, on behalf of the corporations, bonds, Undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, au it ized to attest the execution of any such Power of Attomcy; RLSOLV LD. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or W any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking a contract of suretyship to which it is attached. IN Will NESS WHEREOF, DEVELOPERS SURFTY AND INDEMNI I Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005. C" By: +•`t:�• AND / pf,P ANY IJavid H. Rhodes, Executive Vicc- President - dg0 -: •' ......... '•:Y�,ole" GO o/ pp�ren fy -r(V -F:a� 2 e tie e, OCT. .-e? Z� OCT.S 10 c n ? w 1967 By: _ 5 °i; 1936 Walter A. Crowell, Secretary %vo'o.,!OW P,,.eadDV 2 �C )FORS STATL OF CALIFORNIA COUNTY OF ORANGE On December 1, 2(()5 before me, Gina L. Garner, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the peasants) whose name(s) is:are subscribed to the within instrument and acknowledged w one that hrlshelhey executed the same in Idshedthen authorised capacily(tes), and that by hisficr /their sifmxlurels) unthe instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI I NUSS my hand and official seal. Signature v ' z, GINA L. GARNER 16 COMM. # 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My co_ mm. a irea hik .19, 2008 CERTIFICATE The undersigmed, as Assistant Secretary, of DEVLLOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY C'OM PANY OF CALIFORNIA, does hereby cemty that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said cugwrations set forth to the Power of Attorney, are in force as off the date of this Certificate. 'this Certificate is executed in the City of Irvine, California, theOt I day ofjU4 `-k C` 7 w—) Hy Albert Hillebrmnd, Assistant Secretary ID- 1390(Rev. 12n05) State of California County of �' ss. On bcru a I t a UCi 1 before me, Date . personally appeared ❑ personally known to me - or - proved to me on the basis of s 1]5�porrl of identification _ ❑ credible witness(es) _ CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT to be the person(s)-whose narri is/are- subscribed to the within instrument and acknowledged to me that he/skeMwy.executed the same in his /hefA4& authorized capacity(les), and that by his2r -4 signaturefs} n the instrument the personkrsi -or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and-qfficial seal. V__ comm. NNotary Public • Riverside County Comm. E (res. i♦ (Seat) OPTIONAL INFORMATION Although the information in this section is not required by low, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Tlttets) ❑ Guardian/Conservator ❑ Partner - Unfited/Generai ❑ Trustee(s) ❑ Other: representing: Name(a) of Personts) or Enbty(ies) Signer Is Representing ❑ Additional Signer(s) ❑ signer(s)Thumbprint(s) ❑ Other 0 Copyright 2004 Notary 8otary, Inc. 925 29tn St., Des Moines, IA 503123612 Form ACK02 01104. To re -ordea call toll -free 1- 8]]349 -6588 or visit us on the Internet at httpJ /w.wthenotaryShop.com 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY GATEWAY SINME BOND NO. 761601 _ The premium charges on this Bond is $ 1,731.00 . being at the rate of $ 9.40 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to BRAVO SIGN & DESIGIC INC., hereinafter designated as tha'Nrincipai", a contract for construction of CITY GATEWAY SIGNAGE, Contract No. 3914 in the City of Newport Beach. in strict conformity with the plans, drawings. specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, ati of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3514 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract NOW, THEREFORE, we, the Principal, and Developers Surety and Indemnity Cornlp y , duly authorized to transact business under the laws of the Stow of California as Surety (hereinafter "SurW), ace held and fkmiy bound unto the City of Newport Beach, in the sum of One Hundred Eighty -Four Thousand, Two Hundred Dollars and o0M00 Cents ($IK200A0) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves. our heirs. executors and administrators, successors, or assigns. jointly and soveretly, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Pdndpal's heirs, executors, administrators. successors. or assigns, fall to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements In the Contact Documents and any alteration thereof made as therein provided on its part, to be ,kept and performed at the time and in the manner therein specified, and In all respects according to its true intent and meaning, or fails to indemnity, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specified In this Bond; otherwise this obligation shall become null and void. 28 Newport Beach Finals.pdf 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, Owe shall be included costs and reasonable expenses and fees, Including 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 enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to Vie work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duty executed by the PdncIP81 and Surety above named, on the _ ?_1st day of Jung 200T. f- a_ 7) ra-v-:�J BRAr SIGN & 5lG-N NC. (Prin,*a!) Authorized SignaturefMe Developers Surety and Indemnity Company Name of Surety 43391 Business Park Dr., Ste. C -6 Address of Surety 951- 296 -6800 Telephone Authorzed Agent Signature Christopher A. Lydick, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 Newport Beach Finals.pdf CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On before me, 3V F'o-/,s , Dole F k_ ( 'Na Tlypc/ 011lcer (e.9. "Jane pae. Notary Pudic' personally appeared 1�{-t•�.,Jr_, `L- .��l,_r -.Y�^ Ra 17ER E 1435W a.1r n Place Notary 5.1 Above n personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my hand and official seal. Sillnehao of Notary Pudic OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment 1I re att achhm enttof this form to another document Description of Attached Document Title or Type Document: F7,_LV-7 L ©n _�" oc,)- Document Date: � — oet l 0-0(3 % Number of Pages: �^ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Tdle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1997 Nabonal Notary Association • 9350 De Soto Ave., P.O. Bm 2402 • ChatswoM, CA 91313 -2402 Pro . No. 5907 Reorder Call Toll -I'm 1- 800-8785827 • • POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 13OX 19725, IRVIN If, CA 92623 (9 ;9)263 -.3300 KNOW ALL MEN 13Y THESE PIi ESF:N "rs. that except as expressly limned, DB'FLOPF.RS SURETY .AND IN DLMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ** *Christopher A. Lydick, Melody L. Spaur, K.A. Eby, Timothy C. Baker, jointly or severally * ** as their true and lawful Attorneyl s)- in.Fact, no make, execute deliver and acknowledge for and on behalf if said corporations. as sureties, bonds, undertakings and contracts of suretyship giving and grunting unto said Allornev(s) -in -Fact full power and authority to do and to perform every act necessary. reyuisiec or propel' to be done in connection therewith as each of said corporations could du. but rescuing to each of said corporations fidl power Of Substitution and revocation, and all of the acts ofmid .Alnprney(s)- in-Fact. pursuant no these presents, are hereby ratified and confirmed. This Power of Attorney is granted anti is signed by facsimile under and by authority of the following resolutions adopted by the respective Hoard of Directors of DEVELOPERS SL RF.TY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of Iham hereby is, authorized to execute Powers of Atmmcy, yualitving the aumney(s'1 named Of the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts Of suretyship; and that the Secretary or any Assistant Secretary of the corporations he, and each of them hereby is, author 'iaed to attest the execution Of any such Power of Attorney; RESOLVED, FURTHER, that the signatures Of such officers pray be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power Of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPURS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005. [3Y— — a•S`I AND �N•. �,P ANYO David H. Rhoda, Executive Vice - President ,.•`,pE,..••2.... GO n/p0� n OCT. a? 2 — OCT.5 d; 16 in= w 1967 By: ? °•:: 1936 o 0 Walter A.Cmwell, Secretary - —� �':�9.i'•.. /OW P., +'_:AD 2 921FOP° SINI L OF CALIFORNIA COUN "IY OF ORANGE On December I, 2005 before me, Grin L. (lamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved tome an the basis of satisfactory evidence) in be the person(sl whose flannels) is/are subscribed to the within instrument .tad acknowledged to me that Itershe /they executed the same in his :her /their aurinrrized capachy(ics), and that by his ltcr.7hcir signsmn:fs)un the instrument the perstal or the entity upon behalf of which the person(s) acted. executed the instrument. WI I NESS my hard and official seal. Sigmalurc 6 , GINA L. GARNER COMM. # 1569561SSI (SEAL) NOTARY PUSUC CALIFORNIA ORANGE COUNTY My r .MT,. expires bray 13, 2009 CERTI FICITE "[fie undersigned, as Assistant Secretory, of DLVELOPE RS SURETY AND IN DENIM I COMPANY and INDEMNITY ('OM PANY OF CALIFORNIA, does hereby cenify that the foregoing Power of Attorney remains In full fierce and has not been revoked, and furthermure, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this �Clert�ificcatte. This Certificate is executed in the City of ]mine, California, the I day of ( � ��t,.I rx , aco— L. By Albert Hillebrand, Assistant Secretary ID -1390 (Rev. 12 :05) State of California County of f' ' ss. OnJt(_nQ Oi f a00- beforeme, Date � j , personally appeared ❑ personally known to me - or - proved to me on the basis of s 11*10rm(s) of identification _ ❑ credible witness(es) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT to be the person(5}whose name(sl is/are- subscribed to the within instrument and acknowledged to me that he/sheAliey. executed the same in his /heath& authorized capacity0es), and that by hisAier,g„eif signature(*on the instrument the person(4,or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal. L A. MIT COMM. #1 72ftl1 Notary Public • H Ift i Rrvsrside G0 My Comm. Expires +.��► Signature of Notary Public (5wt) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Names) of Pemn(s) or Entltyhes) Signer Is Representing Additional Signer(s) ❑ Slgner(s)Thumbionnt(s) ❑ Other 0 Copyright 2004 Notary Rotary, Inc 925 29tH 5t, Des Moines, IA 50312 -3612 Form ACK02. 02/04. To re order, call toll -free 1 817 349.6588 or visit us on the Inrernet at httpJ /wwwthenotaryshop.com ACORP„ CERTIFICA OF LIABILITY INSURA o6 1 /2007 PRODUCER (949) 261 -5335 FAX (949) 261 -1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 #248 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bravo Sign & Design, Inc. 520 East Central Park Anaheim, CA 92802 INSURERA. Peerless Insurance Company DS INSURERB Golden Eagle Insurance DS INSURERC Clarendon National KR INSURER D, CBP9S17579 INSURER E 07/01/2007 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Yin DD ..H TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CBP9S17579 07/01/2006 07/01/2007 EACH OCCURRENCE 5 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100, DD CLAIMS MADE � OCCUR MED EXP(Anyone Person) S 5,000 A PERSONAL & AM INJURY S 1.0001000 GENERALAGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 1,000,000 POLICY X PELT LOC AUTOMOBILE LIABILITY ANY AUTO BA8167372 07/01/2006 07/01/2007 COMBINED SINGLE LIMB (Ea accinerp $ 1,000,00 X EODIL Y (Par person) rson) S A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X (Perro cider!) $ X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG $ S EXCESSAIMBRIF LALIABILITY X OCCUR E] CLAIMS MADE CU9888766 07/01/2006 07/01/2007 EACH OCCURRENCE S 1,000 00 AGGREGATE $ 11000,000 B S DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND 04KROO29598 07/01/2006 07/01/2007 X WC STATU- oTH- C EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERIXECUUVE OFFICERMIEMBER EXCLUDED'+ 9 yes, describe under SPECIAL PROVISIONS below E.L. EACH ACCIDEM T 1,000,00 E.L DISEASE -EA EMPLOYE S 1 000,000 E.L. DISEASE - POLICY LIMB S 1,000,000 OTHER DESCRIPJION OF OPERATIONS 14OCATK)NS I VEHICLES I EXCLUSION§ ADDED 81 ENDORSEMENT I SPECIAL PROVISIONS E: City Gateway Signage - #3914, Multiple signs accross The City of Newport Beach ertificate Holder (s) are named as additional insured (s) as per attached endorsement and with respect o work performed ( City Gateway Signage ). City of Newport Beach, CA. Contract # 3914. he City of Newport Beach, its officers, officials, employees, and volunteers are named additional 'nsured per CC2010 07/04. Auto additional insured per CA2048 02/99 Endmt. * ** *Notes ** * ** City of Newport Beach Publics Works Department Attn: Shauna Olver 3300 Newport Boulervard Newport Beach, CA 92663 ACORD 25 12nnlInR1 FAX: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NXNXILUX MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KIYr7t7G1( IIf�tX7FIX�llilf dWQdYIX15XXdi�lfiXl6XIKd4 ➢tDN7XilE%IX�f�fiQd(XX AUTHORIZED REPRESENTATIVE eG1�"wx C +�xl o.. T.. ++xx RYICC n&rnon 1`n0Dn0ATInM noon r� u City of Newport Beach Certificate issued to City of Newport Beach 06/11/2007 Tutton Insurance Services, Inc. 06/19/2007 This insurance is primary per the attached primary wording endorsement and Non- contributory per the attached form. WC Waiver of subrogation applies, Endorsement to be issued by carrier. *10 Day notice of cancellation for non - payment of premium. *Amended adding a/i wording, Endorsement, x -ing out of the cancellation clause on 6/19/07. *Amended changing Auto A/I Endorsement on 6/20/07. *Amended adding primary wording endorsement on 6/22/07. "Amended adding non- contributory endorsement on 6/28/07. JC 0 POLICY NUMBER: CBP9517579 COMMERCIAL GENERAL LIABILITY CG 2010 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 following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations The City of Newport Beach, its officers, RE: City Gateway Signage - #3914 officials, employees, and volunteers Multiple signs accross The City of Newport Beach Information re wired 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) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property 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(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional 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 other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 ❑ 0 POLICY NUMBER: BA81B7372 0 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organizations) who are "insureds" under the Who Is An Insured Pmvi- slon of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: ()7/01/2()06 Countersigned By. A �ho� resentative Named Insured: Bravo Sign & Design, Inc. I SCHEDULE Name of Person(s) or Organization(a): The City of Newport Beach, its officers, officials, employees, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page f of 1 13 0 Policy: # CBP9517579 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 0 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. be- low applies. If this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. CG 00 01 10 01 0 ISO Properties, Inc., 2000 Page 11 of 16 13 11 • ENDORSEMENT POLICY NO: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARF,FULLV This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Noncontributory Clause Other insurance maintained by the Additional insured shown in the Schedule shall be excess and noncontributory with the insurance provided by this policy, but only as Mspects any claim, loss or liability: Arising out of the ongoing operations of the named insured or its subcontractors, and only ifsuch claim, loss or liability is determined to be solely the negligence or responsibility of the named insured. SCHEDULE Name ofPerson.or Organization: 0 CLARENDON NATIONAL INSURANCE COMPANY A Stock Company Trenton. New Jersey 7 Time Square 37" Floor New York, NY 10036 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS Policy No: 04KR- 0028 -598 Policy Period: 07/01/06 To 07/01/07 Insured: BRAVO SIGN & DESIGN, INC. Endorsement No: 22 DBA: BRAVO SIGN & DESIGN Endorsement Effective Date: 06/19/07 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(s) or organization(s) named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires that you obtain this agreement from us.) You must maintain payroll records accuratcly segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the classification premium associated with each specified contract or project within a policy and/or the maximum premium of 2 % of the total classification premium. It is hereby agreed that 30 days notice of cancellation will be provided to certificate holder at address shown below, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives. 10 days notice of cancellation will be provided for non - payment of premium; Minimum Premium per policy: 5250 Schedule: Person or Organisation Job Descriution City of Newport Beach Citv Gateway Signage Public Works Department #3914 Attn: Shauna Olver 3300 Newport Boulevard Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Issued: 6.19.07 cb WC 99 08 04 Fax #: • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 6 -20 -07 Dept. /Contact Received From: Shaun Oyler Date Completed: 6 -20 -07 Sent to: Shaun By: April Walker Company /Person required to have certificate: Bravo Sign & Design GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2mi1 agg/lmil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes N No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. H. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Ins. Co. AM BEST RATING (A: VII or greater) A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Clarendon National B. AM BEST RATING (A: VII or greater): A- X C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Primary and non - contributory endorsement missine. California Business Search • • Page 1 of 1 DISCLAIMER: The information displayed here is current as of MAY 31, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation BRAVO SIGN &DESIGN, INC. Number: C2096046 Date Filed: 11/3/1998 Status: active Jurisdiction: California Address 520 E CENTRAL PARK AVE ANAHEIM, CA 92802 Agent for Service of Process FRANK FIORE 520 E CENTRAL PARK AVE ANAHEIM, CA 92802 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/ ShowAIlList ?QueryCorpNumber= C2096046 &printer =yes 06/05/2007 License Detail • . Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 641391 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 06/05/2007 * * * Business Information * * * BRAVO SIGN AND DESIGN 520 E CENTRAL PARK ANAHEIM, CA 92802 Business Phone Number: (714) 284 -0500 Entity: Sole Ownership Issue Date: 04/01/1992 Expire Date: 04/30/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description D42 SIGN INSTALLATION 0 GENERAL ENGINEERING. CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6059166 in the arr http: / /www2.cslb.ca.gov /CSLB_ LIBRARY /License+Detail.asp 06/05/2007 License Detail • • Page 2 of 2 $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the CLARENDON NATIONAL INSURANCE—COMPANY Policy Number: 03KROO28598 Effective Date: 07/01/2005 Expire Date: 07/01/200, Workers Compensation HistttM * * * Miscellaneous Information * * * Date Description 06/20/2005 CLASS C -8 REMOVED Personnel listed on this license (current or disassociated) are listed on other lice Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of Califomia. Conditions of Use Privacy Policy http: / /www2. cslb. ca. gov/ CSL9_LIBRARY /License+Detail.asp 06/05/2007 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL (REVISED) CITY GATEWAY SIGNAGE CONTRACT NO. 3914 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3914 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Mobilization @ Dollars and jo Cents $ l0.�Gb 2. 6 EA Remove and Dispose of Existing Monument Signs @ =i Dollars and l Cents $ $ Per Each 3. Lump Sum Fabricate and Install Monument Sign No. G1 -01 @ 4?6)Q Dollars and �{ Cents $� Per Lump um r-� • PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Fabricate and Install Monument Sign No. G2 -01 @ 4WO Dollars and Jay Cents $ l Per Lump Sum 5. Lump Sum Fabricate and Install Monument Sign No. G2-03 @ ,6W Dollars and Cents $ g � Per Lump Sum 6. Lump Sum Fabricate and Install Monument Sign No. G2 -04 @ ��, Dollars and Cents $ Per LumprSum Lump Sum Fabricate and Install Monument Sign No. G2 -05 @ /4000 Dollars and Cents $ �8� Per Lump Sum 8. Lump Sum Fabricate and Install Monument Sign No. G3 -01 @_, Qi Dollars and Or Cents $ Per Lumif Sum 9. Lump Sum Fabricate and Install Monument Sign No. G3 -02 @ Dollars and Cents $ Per Lunfp Sum 10. Lump Sum Fabricate and Install Monument Sign No. G4 -01 @ Dollars and Cents $ Per Lu p Sum • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. Lump Sum Irrigation System Modification @ Dollars and Cents $ 14 � Per Lump Sum 12. Lump Sum Plant Establishment and Maintenance @ `�,F•l`.i7 Dollars and Cents $_ Per Lump Sum 13. Lump Sum Spare Hardware a Dollars and Cents $ ! 3T w Per Lunfp Sum TOTAL PRICE IN WRITTEN WORDS � — Zt. and Cents 5-2,9-0-7 Date '7iN -Z 0cl�o5o 0 S4+ - 030 Bidder's Telephone and Fax Numbers e y/39 / C& x" Bidder's License No(s). and Classification(s) $ !g ,zm°» Total Price (Figures) gres yo S i "�� S U2?iC i'nC n7i12,'6 7�-S idder's A�thofized Signature and Title 5-20 H.ce.-, Pa '-e 191-NZtkQ-111)11 Bidder's Address 9 _-� So 2 Bidder's email address: & bra.tasi S capt-r, @ 6 av&,;t'1. Cbrv\� f :luserslpbwlsharedlcontractslfy 00- 07tcity gateway sign c3914Vroposal o-3914.doc 0 0 1 1 i 1 1 1 2 2 2 2 2 2 2 2 E 3 3 3 4 4 ci PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONTRACT NO. 3914 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 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 7 -7.1.2 Order of Work 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 i 1 1 1 2 2 2 2 2 2 2 2 E 3 3 3 4 4 ci 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7 -15 CONTRACTOR'S LICENSES 7 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 10 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 Clearing and Grubbing 10 300 -1.3 Removal and Disposal of Materials 10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 General 10 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 11 PART 7--- ARCHITECTURAL SPECIFICATIONS SECTION 700 QUALITY ASSURANCE 12 700 -1 DESIGN CRITERIA 12 700 -1.1 Structural Design 12 700 -1.2 Fabrication and Installation Design 12 700 -1.3 Interpretation of Plans and Specifications 12 SECTION 701 PRECONSTRUCTION MATERIALS 12 0 0 701 -1 GENERAL 13 SECTION 702 PRODUCTION SUBMITTALS 13 702 -1 SHOP DRAWINGS 13 702 -1.1 Shop Drawing Definition 13 702 -2 PATTERNS 13 702 -2.1 Pattern Definition 14 702 -3 TYPICAL COLOR AND MATERIAL SAMPLES 14 702 -4 ARTWORK 14 SECTION 703 MATERIAL HANDLING 14 703 -1 GENERAL 14 SECTION 704 PROJECT CONDITIONS 15 704 -1 PROTECTION 15 704 -2 SEQUENCINGISCHEDULING 15 SECTION 705 WARRANTY 15 705 -1 GENERAL 15 SECTION 706 WORKMANSHIP 15 706-1 TRADES WORK 15 706-2 ARTISANS 15 SECTION 707 FABRICATION (GENERAL) 16 707 -1 INTENT OF SPECIFICATIONS 16 707 -2 COPY APPLICATION 16 707 -3 SIGN CONSTRUCTION 16 707.4 CONCRETE WORK 17 707 -4.1 Formwork 17 707 -4.2 Reinforcement 17 707 -4.3 Concrete /CMU 18 707 -4.4 Grout 18 707 -4.5 Waste Molds 18 707 -5 FABRICATING COPY 18 707 -5.1 Cast Letters, Plaques, and Shapes 18 707 -6 METAL FINISHES 18 707 -6.1 Aluminum 18 707 -6.2 Ferrous — Galvanized 18 0 0 707 -7 CAST LETTERS AND SIGN PLAQUES 18 707 -8 SIGN CABINETS, CANS, AND SIMILAR ENCLOSURES 19 707 -8.1 Finish 19 707 -9 PAINTING AND FINISHES 19 707 -9.1 Definitions 19 707 -9.2 Sample Finishes 20 707 -9.3 Paint Color References 20 707 -9.4 Paint Formulation 20 707 -9.5 Application 20 707 -9 -6 Paint Schedule 21 707 -10 ANTI - GRAFFITI FINISHES 22 707 -10.1 Anti - Graffiti Coatings —General 22 707 -10.2 Anti - Graffiti Coatings — Application 22 707 -103 Anti - Graffiti Coatings — Removal 22 707 -11 WEATHERPROOFING 23 f. \users \pbw\shared\contraas \fy 06- 07\city gateway sign c- 3914\specs index c- 3914.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CITY GATEWAY SIGNAGE CONTRACT NO. 3914 INTRODUCTION • SP 1 OF 23 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5382 -S); (3) the City's (2004 Edition), including Supplements; and (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 removing existing City monument signs, fabricating, and installing new City monument signs, remove and replace landscape and hardscape, plant re- establishment and maintenance, relocate irrigation system, relocate or install electrical feeds, repair existing improvements damaged by work, and performing other appurtenances and incidental items of work as required to complete the work shown on Plans and Specifications in place." SECTION 3--- CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment • • SP2OF23 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- working hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d 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." 0 • SP3OF23 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 the pre- construction meeting. 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." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 120 consecutive working days after the date on the Notice to Proceed. The plant maintenance period for this contract is 180 consecutive calendar days and shall commence after the Engineer has determined the construction work as completed and plant as established." No more than two (2) construction sites can be under construction at any time. All work at each construction site shall be completed within fifteen (15) consecutive working days. 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." 6.7.1.2 Order of Work. The work shall be constructed and completed in the following order: 1. Monument Sign No. G1 -01 2. Monument Sign No. G2 -05 3. Monument Sign No. G2 -03 4. Monument Sign No. G2 -04 5. Monument Sign No. G4 -01 • • SP4OF23 6. Monument Sign No. G2 -01 7. Monument Sign No. G3 -02 8. Monument Sign No. G3 -01 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st 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 4th, the first Monday in September (Labor Day), November 12th (Veterans Day Observed), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st(New Year's Eve). 6 -7.4 Working Hours. Normal working hours are limited to 8:OOa.m. to 4:30p.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 4:30p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 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 $60.00 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 construction work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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. 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." Ll • SP 5 OF 23 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. The contractor shall coordinate and cooperate with City and Caltrans maintenance activities around the project location vicinity. 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. The Contractor shall not lay water hoses over traffic lanes between the nearby fire hydrant and the work site." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious 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.city.newi)ort- beach .ca.us /pubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Providing measures to capture or vacuum -up water contaminated with construction debris. f. Removing any construction related debris on a daily basis. g. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The Engineer will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by others 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. • • SP6OF23 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. Where applicable, pedestrian access shall be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to nearby residences and businesses. 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. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 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. 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 for each work location. The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared and sealed by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. 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. Changeable message boards shall be solar powered. 7 -10.4 Safety • • SP7OF23 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. 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 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "C -8 and C -23 ", "C -45 ", or "A" 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. The "As- Built" plans 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 unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No.1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. In addition, work under this item shall include delivering all required • • SP8OF23 notifications, post signs and all costs incurred notifying nearby residences and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with W.A.T.C.H., latest edition, and City of Newport Beach Requirements. Item No. 2 Remove and Dispose of Existing Monument Signs: Work under this item shall include the removal and disposing of the existing monument signs, clearing and grubbing, pruning roots of any adjacent trees that interfere with construction, and site preparation at all designated sign locations and all other work items as required to complete the work in place. Item No. 3 Fabricate and Install Monument Sign No. G1 -01: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, attachments, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. Item No. 4 Fabricate and Install Monument Sign No. G2 -01: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, footings, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. Item No. 5 Fabricate and Install Monument Sign No. G2 -03: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, footings, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. • • SP 9 OF 23 Item No. 6 Fabricate and Install Monument Sign No. G2 -04: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, footings, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. Item No. 7 Fabricate and Install Monument Sign No. G2 -05: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, footings, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. Item No. 8 Fabricate and Install Monument Sign No. G3 -01: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, footings, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. Item No. 9 Fabricate and Install Monument Sign No. G3 -02: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, foundation and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. Any removal and replacement of the decorative stamped concrete within the work vicinity shall be in kind — integral terracotta. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. 0 SP 10 OF 23 Item No. 10 Fabricate and Install Monument Sign No. G4 -01: Work under this item shall include fabricating, delivering, and installing City monument signs including mounting clips, bolts, fasteners, breakaway attachments, footings, and all other work items as required to complete the work in place. Repair to any damaged or removed existing improvements as a result of this Item, including landscaping, hardscape, utilities, curb and gutter, irrigation system, and all other work items shall be included as part of this Item's bid price. In addition, work under this item shall include providing all necessary Shop Drawings and a California registered professional engineer stamped structural calculations for foundations, lifting eyes, and all other sign components that affect the structural design. Item No. 11 Irrigation System Modification: Work under this item shall include furnishing all parts, labor, and materials necessary to relocate the existing interfering irrigation system components and restore system functionality. Item No. 12 Plant Establishment and Maintenance: Work for this item shall include plant replacements, weed removals, and watering. The cost of all equipment, material, labor, and all other costs required to complete the work in place shall be included as a part of the bid price. Item No. 13 Spare Hardware: Work under this item include fabricating and delivering one additional set of Monument Sign hardware (i.e., bronze letters, sails, ornaments, and City seal) to the City's Corporation Yard at 592 Superior Avenue, Newport Beach. 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." 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 per City requirements." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing all plantings that interfere with the work. The Contractor 0 • SP 11 OF 23 shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. Where applicable, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the impacted work. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review." 308 -6 Maintenance and Plant Establishment. Add to this section, "The plant maintenance period for landscaping restoration work shall be 180 consecutive calendar days after the construction work has been completed and plant has been established to the satisfaction of the Engineer. Such period shall commence after all "punch list" deficiencies have been corrected to the satisfaction of the Engineer." • SP 12 OF 23 Prepared by Din Lee, Hunt Design PART 7 ARCHITECTURAL SPECIFICATIONS SECTION 700 - -- QUALITY ASSURANCE 700 -1 DESIGN CRITERIA 700 -1.1 Structural Design: Details on Plans indicate a design approach for sign structure but do not necessarily include all fabrication details required for the complete structural integrity of the signs, including consideration for static, dynamic and erection loads during handling, erecting, and service at the installed locations, nor do they necessarily consider the preferred shop practices of the individual sign fabricators. Therefore, it shall be the responsibility of the fabricator to perform the complete structural design of the signs and to incorporate all the safety features necessary to adequately support the sign for its intended uses and purposes. The sign fabricator shall submit engineer stamped calculations for foundations, lifting eyes and other sign components that affect the structural design. These shall be submitted to the Engineer for approval prior to construction. 700 -1.1.1 Include foundations when part of the signage and graphics work. 700 -1.1.2 When required because of size or weight of sign, provide lifting eyes. Lifting eyes shall be removable or visually inconspicuous in the finished work. 700 -1.1.3 Include support backing and connection to existing support structure or mounting surface. 700 -1.2 Fabrication and Installation Design: Unless otherwise directed by City, design to withstand severe guest abuse and souvenir theft vandalism, but not less than equivalent of resisting simple hand implements and tools (screwdrivers, knives, coins, keys, and similar items), and adult physical force for approximately 10 minutes. 700 -1.3 Interpretation of Plans and Specifications: 700 -1.3.1 Should there appear to be any error or discrepancy in or between the Plans and Specifications, the Contractor shall refer the matter to the Engineer prior to bid. Upon bid, the Contractor shall bear any additional cost incurred as a result of this failure to submit "Request for Clarification" during the bid period. SECTION 701 --- PRECONSTRUCTION SUBMITTALS 701 -1 GENERAL. The Contractor is to provide the following samples for the Engineer and Hunt Design review and approval prior to actual commencement of fabrication. Once reviewed, these samples will become the property of the City and will be used as the standard basis for which the final products will be compared against. 0 • SP 13 OF 23 1. Three (3) 8 '/2" x 11" x .090 thick aluminum panel with texcoted painted finish for each panel color. 2. One 6 1/4" high cast bronze prismatic letter "A" with oil rubbed patina finish as shown on the Plans. Once approved, this letter will be used as part of actual signage and will be the basis for all other letters. 3. Three (3) 6" square x 6" square thick concrete with texcoted painted finish or aluminum with texcoted painted finish. 4. Three (3) 6" square x 1" thick minimum pieces of cast resin or concrete decorative capping /trim with texcoted painted finish. SECTION 702 - -- PRODUCTION SUBMITTALS 702 -1 SHOP DRAWINGS. Provide three (3) copies of shop drawings for all sign types identified in this package to the Engineer and Hunt Design for review and approval prior to fabrication. One (1) approved set of shop drawings will be returned to Contractor. 702 -1.1 Shop Drawings Definition: a. Shop instruction drawing on vendor's title -block showing exactly how the sign will be made: exact materials; techniques; processes; dimensions; internal structure; lighting fixtures; ballast and wiring; welds; connections; fasteners; mounting details; access panels and other pertinent information. Cut and paste Design Drawings into titleblock will not be accepted. b. Include message listing with all forms, symbols and text to be used. Message listing to correspond to numbering system shown on Signage Design Drawings. C. These drawings will, once accepted, be signed as reviewed by Hunt Design and will become the documents from which the signs are fabricated. d. Alternates or Substitutions: Vendor requests to substitute alternate materials or techniques other than those noted on drawings or specifications. The Engineer or Hunt Design may request actual samples for approval of substitutions. All alternates and substitutes, if approved by the City, shall be made at no additional cost basis. 702 -2 PATTERNS: Provide two (2) full size, paper patterns for all signs with painted, curved, stenciled, cutout, fabricated, routed or sandblasted letters, characters, forms or other as noted on drawings to the Engineer and Hunt Design for review. Identify each pattern with the sign number to which the pattern applies. • 702 -1.2.1 Pattern Definition: • SP 14 OF 23 a. Full size exact outline on white paper of each letter, word, character, or form. Include outline of sign panel. Make outlines dark enough for long distance viewing legibility. , b. This pattern once accepted will be signed as reviewed by the Engineer and Hunt Design and will become the pattern or template for shop fabrication. C. Retain all original annotated patterns reviewed by the Engineer and Hunt Design during pattern submittal process. Retain final approved /stamped pattern for use and review at installation. 702 -3 TYPICAL COLOR AND MATERIAL SAMPLES: Identify each sample with the sign type number to which the sample applies, and submit samples to the Engineer and Hunt Design for review. 1. Three (3) paint samples, 8 1/2" x 11 ", on actual specified materials to match color, texture and finish. 2. Three (3) each type exposed metal used for major elements of work with respective finish. 3. Three (3) each type casting bronze used for elements of work. 4. Three (3) cast concrete with texcoted color used for major elements of work with respective color and finish. 5. Three (3) of all other items as may be required by Engineer or as indicated on Drawings. 6. Three (3) copies of Manufacturer's Certificates of Material Standards to meet all applicable Code and Ordinance Requirements. 702 -4 ARTWORK. Contractor shall provide all sign type artwork, including films, typesetting, variations in required evacuation map art with graphic images, all city and state required forms of artwork for fire, safety and occupancy related signage. Contractor artwork to be generated based on samples of template electronic art files provided as guides for actual production art. SECTION 703 - -- MATERIAL HANDLING 703 -1 GENERAL. Pack, wrap, crate, bundle, box, bag, or otherwise package, handle, transport, and store all fabricated work as necessary to provide protection from damage by every cause. 0 • SP 15 OF 23 Provide clear and legible identifying information on all product packaging to ensure proper on -site review and installation. SECTION 704 - -- PROJECT CONDITIONS 704 -1 PROTECTION: Protect signs after installation from damage due to subsequent construction activities and vandalism until acceptance by the Engineer, including but not limited to following: a. Plaster or painting overspray or droppings on both shop - finished or field - finished signs and graphics. b. Physical impact damage from construction activities, including workmen and equipment. 704-1.1 Warning signs and other methods of protection must be sufficiently substantial to withstand normal, anticipated construction activities and are subject to the Engineer's approval. 704 -2. SEQUENCINGISCHEDULING: Coordinate fabrication, delivery, installation, field finishing and field - application, where applicable, of the work of this section per the approved work schedule. SECTION 705 - -- WARRANTY 705 -1 GENERAL: Warrant all work against failure because of faulty materials, workmanship, and design for a period of one year from date of acceptance by the City Council of the City of Newport Beach. Fading, cracking, warping, peeling, delaminating, rusting, corroding and structural failure, including distortion by whatever cause, shall be construed to mean "failure." Failures during the warranty period shall be repaired or replaced to the satisfaction of the Engineer. SECTION 706 - -- WORKMANSHIP 706 -1 TRADES WORK: It is intended that the workmanship be of the highest quality obtainable by the respective trades and crafts experienced in the fabrication of signs. 706 -2 ARTISANS: It is intended that work of an artistic nature such as gilding artistic carving and engraving, artistic painting be executed by artisans with experience, credentials, and reputation to satisfy the demands of the Engineer. 0 SECTION 707 - -- FABRICATION (GENERAL) • SP 16 OF 23 707 -1 INTENT OF SPECIFICATIONS: Finished work shall be of highest quality to pass close examination and scrutiny by City and Hunt Design. 707 -2 COPY APPLICATION: Sign copy shall be crisp, sharp, clean, and free from "ticks," discontinuous curves, line waver, and similar type imperfections. 1. Letterforms shall conform to prescribed proportions. 2. Messages shall be set computer generation with Photo Typositor or equivalent quality. 3. Whenever possible, messages shall be set full -size. 4. Letterforms shall be aligned so as to maintain a baseline parallel to sign format, with margins and layout as indicated on design Drawings and approved shop drawings. 707 -3 SIGN CONSTRUCTION: 1. Construct work to eliminate burrs, cutting edges, and sharp corners. 2. Finish welds on exposed surfaces to be imperceptible in the finished work. 3. Except as indicated or directed otherwise, finish surfaces smooth. 4. Surfaces, which are intended to be flat, shall be without bulges, depressions, oil canning, or other physical deformities; use thicker materials or other means of stiffening or reinforcement to achieve intended results. 5. Surfaces, which are intended to be curved, shall be smoothly free flowing to required shapes. 6. Produce castings from virgin materials of uniform alloys, in molds adequately bound. 7. Parts indicated to be turned must be accurately machined /worked from solid stock to dimensions indicated or on approved shop drawings. Finished surfaces to be polished smooth unless otherwise indicated or directed by City, free of any visible pits, voids, or similar defects. 0 • SP 17 OF 23 8. Fabricate continuous, internal support/mounting systems required to adequately secure /support signs. Where necessary, make provisions to allow for easy, quick removal for maintenance, etc. 9. Make signs tight fitting, between parts and sections, and with adjacent surfaces. Unless indicated otherwise, non - welded joints between various portions of signs must be weatherproof (for exterior signs) and have tight, hairline -type appearance, without gaps (varying or otherwise). Provide sufficient fastenings to preclude looseness, racking, or similar movement. 10. Make removable, external portions for installation and servicing tight fitting, tamper -proof and weatherproof. 11. Exercise care to assure that finished surfaces are unblemished in completed Work. 12. Isolate dissimilar materials. Exercise particular care to isolate non - ferrous metals from ferrous metals, including fasteners. 13. Support/anchorage for signs: a. Where support/anchorage are not part of Work, furnish to City's other contractor(s), anchorage /setting templates of minimum 1/8 in. thick tempered hardboard or similar sufficiently rigid, durable material for providing adequate and accurate location of support/anchorage to accommodate work of this section. Fabricate and provide templates sufficiently in advance to complement City. b. Where support/anchorage or similar mounting hardware is part of work of this section, coordinate installation schedule with the Engineer. C. Verify or otherwise ensure that support/anchorage, whether or not furnished or installed as part of work of this section, is completely satisfactory to the Engineer for supporting /anchoring or otherwise mounting work of this section. 707 -4 CONCRETE WORK: 707 -4.1 Formwork: Provide materials in accord with reference standard ACI 347, or as specified by Contractor's engineering. 707 -4.2 Reinforcement: Provide concrete reinforcement in accord with reference standard CRSI, or as specified by Sign Contractor's engineering. • • SP 18 OF 23 707 -4.3 Concrete / CMU: Provide concrete in accord with reference standard ASTM C94. Mix proportions as required to produce 28 -day compressive strength of not less than 3,250 psi. 707 -4.4 Grout: Non - shrink, high strength, non - metallic hydraulic anchoring cement. 707 -4.5 Waste molds: Wood, plastic, metal, staff — as required to produce designs indicated on Design Drawings. Pea gravel — uniform sized (3/8 "), washed, hard, durable gravel conforming to ASTM C33. Angular, flat, chip -like, thin, elongated, friable aggregate is not acceptable. 707 -5 FABRICATING COPY: Unless specifically indicated on Plans otherwise, fabricate sign copy as follows. 707 -5.1 Cast Letters, Plaques, and Shapes: Cast letters from approved patterns. Edges shall be sharp and true and shall follow exactly alphabet or artwork provided. Distorted or warped letters will not be acceptable unless part of design intent. 707 -6 METAL FINISHES: 707 -6.1 Aluminum: a. Mill finish - painted: AA M12 C40 (as fabricated, non - specular mechanical finish with conversion coating for paint adhesion). b. Brushed finish: AA M35 (directional satin brushed mechanical finish). C. Smooth finish - painted: AA M21 C12 C40 (buffed, smooth specular mechanical finish with chemically -clean non - etched finish with conversion coating for paint adhesion). d. Unexposed or concealed surfaces may be mill finish. 707 -6.2 Ferrous - Galvanized: ASTM A123. 707 -7 CAST LETTERS AND SIGN PLAQUES: Provide materials and workmanship equivalent to Matthews International Corp., Pittsburgh, PA., Leeds Architectural Letters, Inc., Leeds, AL, US Sign & Fabrication Corp., Wilton, CT, or other approved manufacturer. Metal castings: Produce castings from fine sand molds properly bound and baked. Use virgin metals mixed to uniform alloy. Fine belt sand borders and letters of plaques. Protect all castings with C22 R1X - clear metal lacquer in accord with NAAMM. • • SP 19 OF 23 Brass/bronze: CDA alloy as selected by the Engineer. Height, stroke, depth, surface texture and finish are subject to review and approval by the Engineer before fabrication. Finish: Oil rubbed patina finish sample to be approved by HDA Design. 707 -8 SIGN CABINETS, CANS AND SIMILAR ENCLOSURES: Fabricate of sheet aluminum and stainless steel (0.090 in. minimum thickness) as indicated. Brake - formed, heliarc electric welded construction, precision formed, with straight and even corners and edges. Visible distortions and other irregularities, due to heat of welding process, is not permitted on exposed surfaces. Test welds using dye - penetrant or vacuum -seam tester; re -weld where necessary to obtain solid, complete weld joint. Grind welds smooth, flush, and finish to match adjacent surfaces. Fabricate removable external panels as specified for cabinets. a. Use system of continuous angles and Z -clips and inconspicuous, tamperproof fasteners to secure removable panels to cabinets, as indicated on Drawings. b. Provide continuous, flexible weatherseal gasket between removable panels and cabinet. Finish: Aluminum: Exterior painted texcote matte finish with ultraviolet inhibitor as specified in product application data. Furnish isolation materials for separating contacting surfaces of signs and mounting /installing substrates. 707 -9 PAINTING AND FINISHING: 707 -9.1 Definitions: a. The term "paint" as used herein includes enamels, polyurethanes, paints, primers, sealers, fillers, stains, and texcote coatings systems whether used as prime, intermediate or finish coats. b. The term "system" implies that each finish is comprised of materials and quantities recommended by the approved materials manufacturer for the surface to be finished, and includes preparation priming /sealing, and intermediate and finish coats as applicable. E • SP 20 OF 23 707 -9.2 Sample Finishes: Refer to Section 702 —"Production Submittals" 707 -9.3 Paint Color References: As indicated on Plans. 707 -9.4 Paint Formulation: All paint materials shall be especially formulated to meet all local and state environmental codes and specifications, with anti - mildew agents incorporated into the formulations. This requirement applies to all materials including those for interiors of sign cabinets and cans. In addition, include carefully balanced ultraviolet inhibitors for exterior materials. Compile and maintain a listing of all paint colors with the factory batch number and formulation code for all paints and coatings. For custom semi - opaque and /or "wash" type finishes, provide specific mix/"reduced" formulations. At the date of substantial completion, submit the list to the Engineer for future maintenance reference. 707 -9.5 Application: a. Properly prepare sub surfaces .. and apply materials in a controlled shop environment most favorable for producing best quality work. Where indicated or necessary, etch surfaces prior to applying finish paint materials. b. Apply materials by spray to obtain finish approved by the Engineer. 1. Finish surfaces shall be free of streaks, laps, runs, or pile -up of paints, with all surfaces uniformly covered. 2. Surfaces with overspray are not acceptable. C. Unless specified or directed otherwise, provide semi -gloss (specular gloss value of 50 in accord with ASTM D523) finish for all surfaces. d. Unless specified or directed otherwise, provide "clear coat' finish over all exposed, finish painted surfaces consisting of a two- component catalytic, clear, acrylic polyurethane enamel with ultraviolet inhibitors. Unless otherwise directed by City, provide semi -gloss for metal and plastic surfaces and flat/matte gloss for wood surfaces. 707 -9.6. Paint Schedule: Aluminum: Interior of sign cans, including internal support/mounting system: 0 • SP 21 OF 23 (1a) Pretreatment: Etching /wash type as recommended by manufacturer. (1 b) 1st coat: Epoxy primer. (1c) 2nd and 3rd coats: Flat alkyd or 100% flat acrylic latex. Vinyl acrylics and similar acrylic blends are not acceptable. Exterior surfaces of signs: (2a) Pretreatment: Etching /wash type as recommended by manufacturer. (2b) 1st coat: Primer as recommended by manufacturer. (2c) 2nd coat (if required): Two - component catalytic, linear, aliphatic polyurethane enamel with ultraviolet inhibitors. Automotive -type enamels are not acceptable. Zinc coated sheet and hot -dip galvanized steel: 1. Pretreatment: Etching /wash type as recommended by manufacturer. 2. 1st coat: Exterior alkyd or latex primer. 3. 2nd and 3rd coats: Exterior alkyd or 100% acrylic latex. Vinyl acrylics and similar acrylic blends are not acceptable. Aluminum and ferrous metals below grade: 1. 1 st coat: Primer as recommended by manufacturer. 2. 2nd and 3rd coats: Epoxy or urethane mastic protective coating system. 707 -10 ANTI- GRAFFITI FINISHES: 707 -10.1 Anti - Graffiti Coatings (General) - Coatings shall consist of a solvent based, water resistant, highly durable application that can be sprayed, rolled or brushed onto any architectural or sign surface, such as concrete, plaster, brick, wallboard, steel, aluminum or wood. Once applied and cured, all coatings must also be impervious to damage by graffiti removers or cleaners. Coating and cleaner compatibility is • SP 22 OF 23 paramount. The coating must come in low gloss or glossy and meet the following specifications as manufactured by Tradewinds International Inc, Ameron Coatings or approved substitution. 707 -10.2 Anti - Graffiti Coatings - Application 707 - 10.2.1 Protective Coating: Must be applied to clean, dry surface, bare or previously painted, including graffiti paint. No grease, oil, dirt, dust, silicon or any loose foreign material may be on the surface to be coated. Cleaning protocols a. Steel - Sand or bead blast to gray metal. Prime or apply topcoat direct -to -metal (dtm) before flash rust. b. Concrete & brick - High - pressure water wash 1,500 psi or higher. Allow dry time. C. Plaster & Wall Board - Plaster and taping compound must dry completely. Wash down must follow any sanding. Aluminum - Clean with solvent in small, manageable areas. All oil, grease, silicon, etc., must be adequately removed and the solvent completely evaporated before application. Wood - Recently installed dry wood is usually clean. Old wood, any grease or oil spots should be sanded down to dry clean wood. Painted Surfaces - Old paint should be chemically cleaned and etched with TSP or equivalent to remove oxidation, dirt, oil, grease, etc., and then properly dried before coating application. Testing for paint and coating compatibility is recommended. 707 -10.3 Anti- Graffiti Coatings - Removal a. The graffiti remover must have the following characteristics: be easily sprayable by trigger or pump applicator; be of sufficient thixotropic or gelatinous consistency to hang on vertical or overhead surfaces without running; rinse off easily with water; be completely biodegradable; be non - toxic; be non - flammable; contain no petroleum distillates; and contain no ingredients classified as hazardous by any state or federal agency. 0 46 SP 23 OF 23 b. Spray affected area only. Use natural bristle brush or cloth to agitate compound into graffiti. Remove all material from surface with damp cloth or water spray, depending on surface. Repeat procedure if necessary. 707 -11 WEATHERPROOFING: All signs must be composed of weatherproof materials sufficient to ensure maximum durability of non - corrosive parts, finishes and electrical components for a minimum of five (5) years. All finishes must be colorfast for the product manufacturer's limited warranty period. Irrigation elements must be repositioned to protect sign surfaces from calcium build -up and water spotting. FAUsers\PBMShared\ContractSNFY 06- 071City Gateway Sign C- 39141SPECS C- 3914.doc 1 • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ?5 /)oo-Jfo7 G-3 -`11y • BY THE CRY COUNCIL CRY OF NEWPORT BEACH L7 L2 rL2 L"41 D v Agenda Item No. 16 AM�n June 12, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee 949 - 644 -3323 or ilee @city.newport - beach.ca.us SUBJECT: CITY GATEWAY SIGNAGE PROJECT— AWARD OF CONTRACT NO. 3914 RECOMMENDATIONS: Approve the plans and specifications. 2. Declare the bid submitted by Adcon, Inc. of Valencia as non - responsive. • 3. Award Contract No. 3914 to Bravo Sign and Design, Inc. for the Total Bid Price of $184,200, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $18,420 to cover the cost of unforeseen work. DISCUSSION: The City Gateway Signage contract stemmed from the Citywide Wayfiinding and Directional Signage Program and includes the fabrication of new monument signs that will provide a distinctive "welcoming element' to the City, or a specific district such as Corona Del Mar and Mariner's Mile. City Council approved the final design by Hunt Design Associates (Hunt) on September 12, 2006. The original scope of work envisioned the construction of 11 signs throughout the City. However, after a number of discussions with different community groups, staff determined that eight signs will be constructed under this contract. Except for the West Newport City entrance sign, all of the signs will be ground- mounted. These signs will look similar in concept to the existing monument sign in front of City Hall. The signs will be installed at the following locations in the below listed order: • Facing eastbound traffic on West Coast Highway east of Santa Ana River (replace existing City wall sign) • • Facing westbound traffic in Bonita Canyon Drive raised median south of SR -73 (install new City monument sign) City Gateway signage Project -Award of Contract No. 3914 June 12, 2007 Page., 2 • Facing southbound traffic in Jamboree Road raised median south of Birch Street • (replace existing City monument sign) • Facing southbound traffic in MacArthur Boulevard raised median south of Bison Avenue (install new City monument sign) • Facing eastbound traffic in East Coast Highway raised median east of MacArthur Boulevard (replace existing Corona Del Mar District Sign) • Facing southbound traffic in Newport Boulevard raised median south of Industrial Way (replace existing City monument sign) • Facing westbound traffic in West Coast Highway at Dover Drive traffic island (replace existing Mariner's Mile District Sign) • Facing eastbound traffic in West Coast Highway at Newport Boulevard northbound ramp traffic island (replace existing Mariner's Mile District Sign) The Planning Department was instrumental in arranging for the plans and cost estimates prepared by Hunt. The Public Works Department and Hunt jointly prepared the Specifications and Special Provisions. Per the Contract Specifications, the Contractor will have 120 consecutive working days to complete the sign installation, which includes preparing and submitting detailed shop drawings and sample cuts of the products (i.e., • panel color, bronze letter and ornamental features, and concrete /aluminum with specified finish) for constructing the monument signs. The contract scope of work includes the removal of existing monument signs, construction, delivery, and installation of signs, providing a spare set of ornamental features and letterings, modification of existing irrigation systems, and landscaping. The Contractor will have an additional 180 days fior plant establishment and maintenance work. Since this project is of a specialty nature, staff sent bid invitations to six sign contractors and advertised the project in numerous trade publications during the bidding period in hope of attracting a higher number of bids. A total of 16 companies obtained the bid contract documents during the advertising period. At 10:00 a.m. on May 31, 2007 the City Clerk opened and read the two bids received for this project as follows: • Bravo Sign and Design, Inc. with the bid amount of $184,200 • Adcon, Inc. with a blank bid amount The bid received by Adcon, Inc. of Valencia was incomplete; therefore, staff has determined its bid as non - responsive. Due to the low bidder turnout, staff contacted many of the other plan holders to find out • the reason why they did not submit a bid. The majority of the companies contacted • City Gateway Signawiect — Award of Contract No. 3914 June 12. 2007 Page: 3 •complained of the project complexity and that the 120 work days allowed for the sign fabrication and installation work an insufficient amount of time. Staff has also learned that the sole bidder for the project, Bravo Sign and Design, Inc. of Anaheim (Bravo) is a dominant specialty decorative sign fabricator in the region and has the ability to deliver large and complex projects within a short time frame and at lower costs than its competitors. A check of Bravo's references indicates they have satisfactorily completed decorative monument sign projects for other public agencies as well as an extensive list of private corporate clients. Hunt has worked with Bravo on a recent monument sign fabrication and installation project in the City of Lakewood and highly recommends Bravo for the work they have delivered. Hunt further indicated that despite Bravo's low bid price, the quality of work was not compromised. Bravo possesses a California State Contractors License Classification "A" as required by the project specifications. Although only one contractor submitted a complete bid package, staff recommends awarding the contract to Bravo based on the strong recommendations received. Rebidding will not only further delay this project by approximately two months, but it is unlikely that additional bids at competitive prices would be submitted based on comments received from the contractors who did not submit a bid package. Environmental Review: • The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Geotechnical. Material Testing. and Survey Services: Geotechnical, material testing, and survey services are not anticipated for this project. • City Gateway Signage 'P ect —Award of Contract No. 3914 June 12, 2007 Page: 4 Funding Availability: • There are sufficient funds available in the following accounts for the project: Account Description City Entrance Monument Signage City Entrance Monument Signage Directional and Wayfinding Signage Proposed uses of these funds are as follows: Vendor Bravo Sign and Design, Inc. Bravo Sign and Design, Inc. Prepared by: Iri ee Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number Amount 7014- C2700813 $40,000 7019- C2700823 $39,700 7261- C2700813 $122,920 Total: $202,620 Purpose Construction Contract Construction Contingency Total Submitted by: Amount $ 184,200 $ 18,420 $ 202,620 'Ste n ,,-, u -r• r U TITLE: City Gateway Signage CONTRACT NO.: C -3014 ENGINEER'S ESTIMATE: $210,000.00 PROJECT MANAGER: Ids Lee CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 31- May -07 TIME: 10:00a.m. BY: CHECKED: DATE: *Total bid was blank on proposal for project as two items were listed TBD (non - responsive bid) • F BVAShared\Ccntracts\FY 06- 071City Gateway Sign C- 39141BID SUMMAgY .xis 0 is Engineer's Estimate Bravo Sig and Design, Inc. Adcon, Inc. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT— UNIT AMOUNT 1 Mobilization 1 LS 24,000.00 24,000.00 10,000.00 10,000.00 19,879.00 19,879.00 2 Remove & Dispose of Existing Monument Signs 6 EA 500.00 3,000.00 2,000.00 12,000.00 5,141.00 30,846.00 3 Fabricate & Install Sin G1 -01 1 LS 32,000.00 32,000.00 16,700.00 16,700.00 16,785.00 16,785.00 4 Fabricate & Install Sign G2 -01 1 LS 20,000.00 20,000.00 18,000.00 18,000.00 20,456.00 20,456.00 5 Fabricate & Install Sign G2 -03 1 LS 20,000.00 20,000.00 18,000.00 18,000.00 20,456.00 20,456.00 6 Fabricate & Install Sin G2 -04 1 LS 20,000.00 20,000.00 18,000.00 18,000.00 20,456.00 20,456. 7 Fabricate & Install Sin G2 -05 1 LS 20,000.00 20,000.00 18,000.00 18,000.00 20,456.00 20,466.00 8 Fabricate & Install Sign G3 -01 1 LS 20,000,001 20,000.00 18,800.00 18,800.00 22,381.00 22,381.00 9 Fabricate & Install Sign G3 -02 1 LS 20,000.00 20,000.00 18,800.00 18,800.00 22,381.00 22,381.00 10 Fabricate & Install Sin (34-01 1 LS 20,000.00 20,000.00 18,800.00 18,800.00 22,381.00 22,381.00 11 Irrigation S stem Modification 1 LS 1,000.00 1,000.00 1,500.00 1,500.00 Blank TBD 12 Plant Establishment & Maintenance 1 LS 500.00 500.00 2,000.00 2,000.00 Blank TBD 13 Spare Hardware 1 LS 9,500.00 9,500.00 13,600.00 13,600.001 25,368.00 25,368.00 EE $210,000 $184,200 Total Not Provided' *Total bid was blank on proposal for project as two items were listed TBD (non - responsive bid) • F BVAShared\Ccntracts\FY 06- 071City Gateway Sign C- 39141BID SUMMAgY .xis 0 is