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HomeMy WebLinkAboutC-4040 - Wayfinding Sign ProjectOFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 27, 2012 Mr. Timothy D. Pitts CENSOURCE, INC. 1790 N. Case Street Orange, CA 92865 Subject: Wayfinding Sign Project - C -4040. Dear Mr. Pitts: On September 27, 2011, the City Council of Newport Beach accepted the work for 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 October 6, 2011. Reference No. 2011000497223. The Surety for the contract is American Contractors Insurance Company and the bond number is 1000814701. Enclosed is the Faithful Performance Bond. Sincerely, 4WO%-Vl� 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 03/16/2011 10:24 - 7146375552 CENSOURCE INC PAGE 09/16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ Two thousand nine hundred twenty seven dollars being at the rate of $.30.00 per thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to CENSOURCE, INC., a California corporation, hereinafter designated as the "Principal ", a contract for construction of WAYFINDING SIGN PROJECT, Contract No. 4040 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, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4040 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, andNmerican Contractors Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety -Seven Thousand, Five Hundred Fifty -One and 161100 Dollars ($97,551.16) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly 'to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, 'Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 30 03/16/2011 10:24 - 7146375552 CENSOURCE INC PAGE 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 di.Ay executed by the Principal and Surety above named, on the 18th day of March 11. Censource, Inc Bidder Ampriran Contractors insurance Comoanv Name of Surety 601 S Figueroa 61600 Los Angeles CA 90017 Address of Surety 310 - 242 -4411 Telephone Authorized Agent Sgnature Wanda Rue Robles Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 10/16 R 4iq U.S.SPECIALTsY n CoPANY -JNSURANcF-, rvi wak MMW kjF X uneo- Bv: u l gft am flar, Vic' esid6n M _5 r'AMER i 6A YUrl, ety its true pw p. hereby Mbr,othi peAlt, 'This P, authori Of zj,� o J ,5r r ,�Ia §10t Allorne. recogniz Ri thereto b any bong �Sda;: N 16 yvl 1z RACTOM 1AMI: MI&COPART'-ft -ST 4 � - QUNITFD", S19bk1TTYW1'0T4PkNY mom pe �fi F W, W-Merican G 4 BY TRUE MMATMM 01flVactlors In'aerMtAC'qmpany a States k� a Maryland c'orporati'on emd U.S. Specialty Ios2r`a'nce"Company,. a Texas COrpMionTcXI-Mc-Evely, the by these ,presents ,jmake , constitute and appoint: -a- Ted Shawaor r, Vehda Rue Robles o:00 IN am� fiSoM Pa n A a i or' de DC Iif NO sa a gs 'rp'Y '41W ey s)-i h� ir their separate capacity if More than Attom n-fact, each ty one is named above, with full power and authority 7�kate- JIM @aliKM-ia CountX, of Los Angeles aw" 2 iewfthiEbt"Tday./ , of July, ctors In kkAmerican Con n' A& SSURETY,COMPANY iP U.S.SPECIALTsY n CoPANY -JNSURANcF-, rvi wak MMW uneo- Bv: u l gft am flar, Vic' esid6n M M I certify under PENALTY OF PERJURY under the laws of the State of California that the DI Vn'.TNESS nlWhand and Ufficia-bse-aft gm MW� 8r jW aw t�r rCamn Seal) paragraph is true and correct. ift fi�, I v�, the Power of Attorney are in @"Qmlk� -& , y��qnd U9X R@�,27,�fot , -- 157 ,At, tomey M w, Vm in�,W flmW VIhereof, I haV& greu61173 seamy Man&affixedle,'§1als-of said Com�,,ffi'dsW Los All -I'es&qilj 6M Egth MMY8 th dayt itn6ss I, —MW f6a 14,;, -# i4u ET 1- 0 -- vr tow I&8MOI %elffre J. Kim, Z&stau�t-becretary Agency No. 6?10 smxtim &M A- A-M-L AM& N W Y a , ?R- M Ad 03 /'l b /'20'1'1 10:24 - 7146375552 CENSCURCE INC PAGE 16/16 ACKNOWLEDGMENT aevaep eavav vvavgveq•a..q v p q pp pa• s p v v p p v a e e v p p s a I g e v p v e ea a s p v e p e a a p o p e a v e g o v p aqr State of California County of Los Angeles On March 18, 2011 Public, personally ss. before appeared Notary who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is /e€e subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /'their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws.of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signs re JOAN E. SHAW Commission # 1754203 Notary Public - California Los Angeles County . Comm. Fx et JJ 23.2011 (seal) eaa a p oppev e e e o a p v a v e. v s o g a p e vp g a a Y e p e o q v e v a e p a s a p v v a a v a v e q p e m e v p a o v a a a a e v v m a ap. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION D Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification `Credible Witnesses) Capacity of Signer: _ Trustee _ Power of Attorney CEO /CFO /COO _ President I Vice - President / Secretary / Treasurer Other: Other Information: 37 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. WWAns l : OF'F'ICE OF THE CITY CLERK Leilani I. Brown, MMC November 15, 2011 Mr. Timothy D. Pitts CENSOURCE, INC. 1790 N. Case Street Orange, CA 92865 Subject: Wayfinding Sign Project (C -4040) Dear Mr. Pitts: On September 27, 2011, the City Council of Newport Beach accepted the work for 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 October 6, 2011, Reference No. 2011000497223. The Surety for the bond is American Contractor Insurance Company and the bond number is 1000814700. Enclosed is the Labor & Materials Payment Bond. Sincerely, P P S 0/�- 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 , i3Oo roue_ GtNbuuKGt 1NG F Aut I'V ib CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 BOND NO. 1000814700 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to CENSOURCE, INC., a California corporation, a hereinafter designated as the "Principal," a contract for construction of WAYFINDING SIGN PROJECT, Contract No. 4040 in the City of Newport Beach, in strict conformity 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 Contract No. 4040 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, arid,American Contractors Insurance Company duly authorized 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 Ninety -Seven Thousand, Five Hundred Fifty -One and 16/100 Dollars ($97,551.16) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, 34 and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18th day of March CENSOURCE, INC, Bidder American Contractors Insurance Company Name of Surety 601 S. Fieueroa 61600 Los Angeles CA 90017 Address of Surety 310 - 242 -4411 Telephone 35 Authorized Agen�gnature Wanda Rue Robles Print Name and Title 9-9 W7 ; I ii' v71 ft r rr° �G` _ W +`p? rry _?- T W 1r) Ar R. x � -�" 2Mt• ,1 ;YAhlERIGttN,,>,ryry(,,yONTRACT02S IIVIIEMNI'EY COMP&M -M UNITEDi �TATES'SURETY +COMPANY U.S +SPECI'A1i'1 INSLM NCE �OMPANYe } ;a KTjOW ALLp0.SMEN BY TFIESE PREP TS 3Th American Co ractor$ u e mty"C lrrmpany, a C•g"kx�fomuQigpbration,zU�mted States wr ' Surety Company, a Maryfand corporation and U.S. Specialty Insurance Company, a Texas corporationTcollectively, the Companies.) do by these presents make, constitute and appoint, tt a a a Ted Shaw tr Wand Rue Robles of'Soutli Taasade Galifor tia r I� ',, 14 IM its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority cr � e�reebyrcconf ed rt its name p�Iacetan� d stead to execute; ack owFadg Fsand deliv r anyiand all bonds lac nlzances, undertaking s* or obiher�.nlsstrutn� nts or ontracts oLsuLty 7ttp o include �I erc;aame ldments; and rnnsents f Buret }, pro tdmg'the bonds, $fit i{ penalty,.„does�nof exceed --.r+ �"` ** *One §�'ftll*�� *A# P@t,;g �DoO+r {�6 * -000;00000 ** )t' Tots Power of Attomey shalt exp& witho it further action ohT4arch` 18, 201.1 TM Power of`�lttomey is granted'uunnnder and by authority of the. following resolutions adopted by,sthe Boards opDirectors of the Companies: e. °e°'y Goa a uP d7trl, r ulfu;' r , Be ta- Reso/.ret aL.,,the Presid het, sany� Vic3 Pre'?;�de(t °t'Et(bny��ssi ant Vice 'resident, awn'y - Secretary�r 6ny Aslstant Secretary Shall be and+�ts {h btyi es �ed with fufl ARR 52t ow - and'auitioeiry to appoint anyµone or�moreis �tta6Je pe nslaslAttort ii Fect to rcpresen disci for =and on befit Iflo�'the +C m ay 3i}H)ect t,#o they7followmg Arrorney-in -Fact maybe given full power and authority for and in the name. of and onbehalf,of the Company; to execute, acknowledge and.deliver, any and all bonds, recotp izan ci, ,ntracts, agreements or=indemni ;an8vthepco�nditional or obligatyopry�und�ertakings,and anyrta it all noticg�nd.documeam anceling omt_ era nating the,, M, .p�� `or"mpanyr ti,iavb',rl ty -� ereunder amendv s mstmm`en4s so:execotod by any sucha�ttomey In -Fe t shalli be 6mdmg uppathe :Companyayttfslgned byihe,Presidedr r� +and�sealerJ�a'nd.cffedied by the Cp_rpo ate Secretary`. hk ,h•I -r + $ i t�is *ar lk,,r,• .a, �rAul�.`" X14 Reso!vzdy {hat thesignamro- any e�tihanied racer, (seal of the Corppdny herotore orifiereaRer ",affixed to any power ofattomcy orgy Scat icate relating i'• thereto by facsimile, and any power of attorney or cetttficate bearing facsimile signature or facsimile seal shall be valid and btndingvpon the Company with respect to any bond o under7aking to which it is,auached , tj� NO IN WITNESS -') ,THEREOF bThe Compame� ve Bed this ms�� SM en o§6s' err corer,..seems t t e%e �t�ixed, this aay i JRW 2008. t "4e d! l U.S SPECIALT�I--INSURANC,E,COMPANY,y IEW x ,County of Los Angeles Daniel P y r On�thON5'h day f JuIY, 0. American Contractors In o� n the �issasatisfactoryyeviidencee. o be thhe_person whos he executed t eft -.same in hil authom¢ed�capacityi ands that t I €sa ,a VV -_ w�hiZhihe•- persm7 (s)actedte¢xecutedrthelnstmment I certify under PENALTY OF PERJURY under the laws $$a W TNESS In =Hand and affictallsu W AN r ip Z _+r �St ature- f 07 . ✓i'� -:( � Seal of the State of California that the fo n` r, ' Y'A r � umumnwd �h r?St rtM tvtt 0 ari Div, Assistant�`Secretary. of Ain scan Contr0orr�littki i`nntt} - s� _ xk& 4 l tii& i, W � TUN S eeialty�Ins a Company,' &o,here: y certLfy,Ghat the abo�nd3oregoi - - ecutett by=sard CompantesP� (hidh�t'srstill'a h furl orce and effect, f VtS�rmo the Power of Attomey are in full force and effect. 'Sonar 10' UO 814700 A V P �z M a f Ilft ~ Daniel P trumektt and acknowledged to me tha )It Vl �V�t V 4t , !I , I R a rson s), or the eddly utponlbehalf ofa 7rtF' � � United Sta;!t;�^e•`s iSuiety G np�ny� and U SM and ctirar�ecF�copyt o'it Power'of Attome - ' Itions of e Bouafds ?tf Dgecnas 'set out m pantesat LosasCa�l fom'iatht_'W day,ry y IS Al Q SEAL c eattnte J. Itim, Assistant Se�Creta4y @ 15110-8 M- -11403 (070L CENSOURCE INC HAUE lb/lb ACKNOWLEDGMENT a...... a ......a4.....aab.....Iaem.v.aap 0&......a. v..... a a........... a... e.... e1 State of California County of Los Angeles } s5. On March 18, 2011 before me, �� ` ' � Notary Public, personally appeared ' who proved to me on the basis of satisfactory evidence to be the persorj' whose nameks) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws.of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur " Con —JOAN F. SHAW aaton 0 176430 NWOV Public • CoOfornto Los Ar4mlea County *WCWM1qM6JW243Z011I (seal) ................. 0.......0...o.0ab..v..A&......a v v.... a . . . . . . a . . . a... V..vo P q.., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 3-" Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO ~_ President / Vice - President / Secretary / Treasurer Other: Other 37 Thumbprint of Signer 0 Chcck here if no thumbprint or fingerprint is available. v Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder ���FINI I P IIIIIVIIIII111V11111111111111111111IM111111111111111111 NO FEE ° RECORDING REQUESTED B 20 000497223 9:56 am 10/06/11 WHEN RECORDED RETUR( Lu y,1�b 17 uL , 0 o.. 1 t City Clerk o oo 0.00 0.00 0.00 0.00 0.00 City of Newport Beach OF�IC i?F 3300 Newport Boulevard 119E CITY CLERK Newport Beach, CA 92663 CITY Or " !' /PORT SEA.CH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION ly NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Censource, Inc. of Orange, CA, as Contractor, entered into a Contract on March 8, 2011. Said Contract set forth certain improvements, as follows: Wayfinding Sign Protect — C -4040 Work on said Contract was completed, and was found to be acceptable on September 27, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Insurance Company. ,orks Director ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on (TgM)ayP- 2-t, 2-011 , at Newport Beach, California. BY �� X hM4 � City Clerk SEN 2 '7 2011 Agenda Item No. 6 September 27, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Peter Tauscher, Junior Engineer APPROVED: INDING SIG PROJECT - COMPLETION AND TITLE: ACCEPTANCE OF CONTRACT NO. 4040 ABSTRACT: On March 8, 2011, City Council awarded Contract No. 4040 to Censource, Inc., for an amount of $97,551.16,, and established a 15 percent contingency allowance. Work is now complete and staff requests City Council to accept and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description General Fund Contributions DISCUSSION: Account Number Amount 7014- C3002012 $35,814.83 7251- C3002012 60,300.00 Total: $96,114.83 Overall Contract Cost/Time Summary Construction Actual Contract Time Contract Award Final Cost at Contingency Contract Time+ Under or Amount Completion Target Change Extens Over sion $97,551.16 $96,114.83 15% or less -1.5% 75 +13 The project consisted of removing existing wayfinding directional signs; fabricating and installing 64 new wayfinding signs; and incidental work items as required by the contract Wayfinding Sign Project — Completion and Acceptance of Contract No. 4040 September 27, 2011 Page 2 documents�j Pursuant to the contract specifications, Censource had 75 consecutive working days to complete the project, but due to adjustments to the shop drawings, identifying and substituting specific color preferences, and material limitations, additional time was needed. Early identification of some of the possible problems contributed to assuring a successful project. Consequently, Censource required an additional 13 days to install and adjust the signs. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: A summary of the added project schedule is as follows: Estimated completion date per March 2011 Schedule: Project Awarded for Construction: Contract Completion Date Plus Approved Extensions: Actual Substantial Completion Date: ENVIRONMENTAL REVIEW: $97,551.16 96,114.83 0.00 $96,114.83 August 12, 2011 March 8, 2011 August 5, 2011 August 24, 2011 City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Minor alterations of existing facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. Submitted by: i 1�Stephen G. Badum Public Works Director Attachment: Location Map 2 W Wayfinding Sign Project — Location Map C-4040 Or reillre.nce Grid City of NLIvIl"Ift BEach ��. i V W,,� OF'F'ICE OF THE CITY CLERK Leilani I. Brown, MMC September 28, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: ® Wayfinding Sign Project Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, 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 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 Censource, Inc. of Orange, CA, as Contractor, entered into a Contract on March 8, 2011. Said Contract set forth certain improvements, as follows: Wayfinding Sign Project — C -4040 Work on said Contract was completed, and was found to be acceptable on September 27, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on dirTo r"A ZQ7� Zt711 -,at Newport Beach, California. BY rkgl4i �9/ City Clerk CITY CLERK CITY OF NEWPORT BEACH 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 AM on the 16th day of February, 2011, at which time such bids shall be opened and read for WAYFINDING SIGN PROJECT Contract No. 4040 $180,000.00 Engineer's Estimate �gW POD U S aW cqG cO%tN�Y pprove i 6,,,-Stephen G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Specifications, and Project Drawings for this project by contacting: Santa Ana Blue Print (949) 756 -1001 2372 Morse Avenue, Irvine CA Contractor License Classification(s) required for this project: "C -45" or "C61 ( ®42)" For further information, call Peter Tauscher, Project Manager at (949) 644 -3316 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ......................................... .............................13 DESIGNATION OF SURETIES ......................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................18 INFORMATION REQUIRED OF BIDDER ........................................ .............................19 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................22 CONTRACT...................................................................................... .............................23 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................34 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 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 permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest 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 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature bel*)represonts that the above has been reviewed. Printed,/ Title of Authorized Signator Date Contractor's License No. & Classification Bidder Bid Bond #1000880599 -03 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal sum of Ninety -Nine Thousand Ninety -Six Dollars and nifty-Two Cents Dollars ($qq- ns6.32 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WAYFINDWG SIGN PROJECT, Contract No. 4040 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract Is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notillcation of Award, otherwise this obligation shall become nulf and void. If the undersigned Principal executing this Bond Is executing this Bond as an individual, It Is agreed that the death of any such Principal shall not exonerate the Surely from its obligations under this Bond. Witness our hands this 16th day of Fe Censource Inc, Timothy Pitts Name of Contractor (Principal) American Contractors Indemnity Co. Name of Surety Authorized Agent Signature 601 S. Figueroa #1600, Wanda Rue Robles Address of Surety Los Angeles CA Print Name and Title 800 - 787 -3896 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ................................................ ..............................r State of California County of G E=Llo � } ss. On F-PR 11,4 . 7�,Oi I before me, C'—f f f i L�nA ft✓� Notary Public, personally appeared i I"t 2:yn:h fa P, �j who proved to me on the basis of satisfactory evidence to be th perso s) whose names is/ re subscribed to the within instrument and acknowledged to me at�he /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han d offici I seal. JEFF ALTMAN COMM. 018/3784 Notary Public •Calftniia Orange County SlonatU OComm.Expites April. 2013 ................................................ ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION '71st /'O S/ DD ,,e j30 c'7j Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO Tom_ President / Vice - President / Secretary / Treasurer Other: Other I Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. POWER OF ATTORNEY AMERICAN CON7- RACTORS INDENLNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS; That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Ted Shaw or Wanda Rue Robles of South Pasadena,. California its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead; to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of. suretyship to include riders, amendments, . and consents of surety, providing the bond penalty does not exceed * * ** *One Million * * * ** Dollars ($ ° *1,000;000.00'* ). This Power of Attorney shall expire without further action on March 18, 2011. . This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be Le Resolved,, that the President, any vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons. as Anomey(s) -iti -Fact to represent and act for and on behalf of the Company subject to the following provisions: - - Anorner -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to exectne, acknowledge and deliver, any and all bonds, recognizences, connacts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so _executed by any such Attorney -in -Fact shall be binding upon the Company as if signed�byy the President and sealed and effected by the Corporate Secretary: Be it Resolved that the signature of any authorized offtberand seal of the Company heretofore m hereafter affixed to any power of attorney or any certificate idating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15 "day-of July, 2008. AMERICAN CONTRACTORS INDEMNP.FY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE. COMPANY Corporate Seals e t a woa3 -State of California County of Los Angeles SS: By: Daniel P.;Aguilar, Vice President On this 15`h day of July, 2008, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis . of satisfactory evidence to be the person whose name -is subscribed to the, within instrument and acknowledged to me that -he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBORAH REESE, �. commaslon D 1726211 Signature Si �.X(lil7 ✓i if- 4---- rwrarvf+elle-"1110mi4 t g (Seal) ) Lm A ngetos County - rrt/Cn,my�a,Nbll,Ail I Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity °Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, . executed' by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this - day of Corporate Seals 404miL / l e SUl�3 g rc acres " 1 Bond No. SEAL �sd Da Jeannie J. Kim, Assistant Secretary r Agency No. fi? l n ACRD CERTIFICATE OF LIABILITY INSURANCE z�15 /22011 ) PRODUCER (626)799 -7813 FAX: (626)799 -8784 Shaw Moses Mendenhall 6 Associates 625 Fair Oaks Suite 158 South Pasadena CA 91030 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 CenSource, Inc., Signsource Las Vegas, Inc., 1790 North Case Street Orange CA 92865 INSURER AAmerican States Insurance 19704 INSURERB: Safeco Insurance INSURER C: Castle Point National INSURER D: INSURER E: OVERAGES 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 LTR ADD'L IN RD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DO POLICY EXPIRATION DATE MMM LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR OICG31538980 5/1/2010 5/1/2011 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 200,000 MED EXP (Any one person) 5 10,000 PERSONALS ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY JET LOC RODUCTS - COMP /OP AGG S 2,000,000 A AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 01C031538980 5/1/2010 5/1/2011 COMBINED SINGLE LIMIT (Ea amEen) S 1,000,000 X BODILY INJURY (Per person) S X BODILY INJURY (Per acciden Q $ X PROPERTYDAMAGE (Per accident) S GARAGEUABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S S B EXCESS /UMBRELLA LIABILITY X OCCUR FRI CLAIMS MADE DEDUCTIBLE X RETENTION $10,000 OISU354941 5/1/2010 5/1/2011 EACH CCURRENCE S 5,000,000 AGGREGATE $ S $ $ C WORKERS COMPENSATION AND LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? S yes, AL PR a antler SPECIAL PROVISIONS below WCPBC1103410 12/1/2010 12/1/2011 X WC LIMIT- S1 I E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE-EA EMPLOYEE$ 1,000,000 E.L. DISEASE - POLICV LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS +10 - DAY NOTICE OF CANCELLATION FOR NON - PAYMENT AND /OR NON - REPORTING. The Certificate Holder is named as an Additional Insured - Managers or Lessors of Premises as regards to General Liability and those ususal to the Insured's Operations. Way£inding Sign Project City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 ACORD 25 (2001108) NS025 (of oopaa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE Toni King, CISR O ACORD CORPORATION 1988 Page I of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 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: Address: Phone: Slate License Number. Name: Address: Phone: State License Number. Name: Address: Phone: State License Number: _�: - r► Illillll►i %! :.. ,r . Yet=, x� _ min CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!(! Please print or type. Bidders Name: 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. 1 Project Name /Number s W Ae'zi 0- V- Project Description 1=17 /4-/4r.- 7� 4'� "//e-/ 49 s 9i9G el y / Approximate Construction Dates: From: ��W 3 To: rn� r S < r T Agency Name Ji Contact Person Telephone (9 >3)�_ �� 3j o4— Original Contract Amount Final Contract Amount $ e'-1) i 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✓oi! e No. 2 Project Name /Number Project Description D :5;7,Z,; -5- 94- c'/r Qi.�'- s, �.� 2 _ s� Approximate Construction Dates: From: �J5V 5 To: Agency Name �+° ✓i Sf�s� Contact Person Telephone (f% /yY i Original Contract Amount $ 36 D Oq;Final Contract Amount $ Gam° 171- If final amount is different from original, please explain (change orders, extra work, etc.) 1 `K- ` Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor'? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number 617 S Project Description 217 e e, P5i'' f , Approximate Construction Dates: From: /49 To:i Agency Name %°-n �iwi4�l Contact Person %O/n 6 A_760e 17 Telephonek,4/4 Original Contract Amount $ 354'Pn Final Contract Amount $ e ©//i - 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. 10 No. 4 Project Name/Number u1;71- A e'-1 P,0-1-7Z Project Description 12 5f �217 T Approximate Construction Dates: From: 1111-101-12 To: /31x3'/% Agency Name /1i/r s / /'/e- /-174 1 f Contact Person Telephone (;/ fl S�-OL'4/ Original Contract Amount $ //o ,DDD Final Contract Amount $ /6J if final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 L Project Name/Number Tffi lysri ��oi7 Project Description a-17 L-' S. 4 i9 Approximate Construction Dates: From: /o<� To: Agency Name �ro�� ��kn � � Contact Person T r,Oa / // le-- Telephone Fw X73 - 9G �3 Original Contract Amount $S" D DD Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 L Project Name /Number v4 Project Description /'i7 Approximate Construction Dates: From: To: Agency Name Contact Person Sin : fl Telephone Original Contract Amount $.�JFinal Contract Amount $ G�BiI 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 ands other information sufficiently comprehensive to permit an appraisal of the Contractor's currenfir)arie1 gori �jons. Bidder 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 NON - COLLUSION AFFIDAVIT State of California ) ) SS. County of (YLAY 1 ue— K I �I. L /NLrH4 L being first duly sworn, legoses and says that he or she is �M�'St'M•.A 1_ 'S of ice-,k 0 Sv r-E ,(1V - 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 vin ll not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to a4 member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Callo ' Mat he fore of g is ue and correct. Bidder ut onzed Signttureaftle Subscribed and sworn to (or affirmed) before me on this ILI day of FE9CJ 2014 by- 1 h t� -` C tt C proved to me on the basis of satisfactory evidence to be the son(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California th Cf13e forego; .paragraph is true and correct. _ 1 Notary Public [SEAL] JEFF ALTMAN My Commission Expires: _ t _ COMM. #1843784 Notary Pudic •CWomia Orange County Comm. EV ires Apr 9.2013 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 DESIGNATION OF SURETIES Bidders Name: L /�i/ 5G'Lr �cp°E' - /"7 �— 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): Li A✓`` / -L�-i� Oti. /ls ��, Sk iiE' /3 il, .lO /���L %d�- 5�'��'.c.r` /- e/-/ — 316 30 to G9/ S. Li�u�oti � /GDO Los �it� /es l•J���- `E] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name: L,go4.6 `zy- ��, f� 't- 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No, of contracts Total dollar Amount of Contracts (in Thousands of $ �' � 4p- �_ 4p- �- No. of fatalities_ No. of lost Workday Cases _?!4 _� _ 6 _e No. of lost workday cases involving permanent transfer to another job or termination of 10, 1!:P- ,.&-- 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. 15 Legal Business Name of Bidder Business Address: A/ .a_ l%rnGe L/<'f Business Tel. No.: 71zX G 3 7- State Contractor's License No. and Classification: 76 ,�l S/ y Z /i Title The above information declare under penalty those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title was compiled from the records that are available to me at this time and I of perjury that tfjp information is true and accurate within the limitations of Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set forth along with the County. If bidder is a partnership or joint venture, legal name of partnershipfjoint venture must be provided, followed by signatures of all of the partners /joint ventures or if fewer than all of the partnersloint ventures submit with evidence of authority to act on behalf of the partnershipljoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose names are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT AND CORPORATE SEAL MUST BE ATTACHEDI 16 ACKNOWLEDGMENT ................................................ ............................... State of California County of(� } ss. On T>Am I L.j r.ar O) ( before me, J Public, personally appeared T +'%A>-iceI C� . proved to me on the basis of satisfactory evidence to be tt subscribed to the within instrument and acknowledged to same in& her /their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. 646"\ , Notary whose name(s is are the /they executed the signatures(s) on the ;) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JEFF ALTMAN COMM. /1843784 t9 Notary Public -California 14 Orange County Comm. Expires Apr 9, 2013 (seal) .......................................... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION „1 ! 1ao /! Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO I CFO I COO President / Vice-President I Secretary / Treasurer Other: Other 17 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. w CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 ACKNOWLEDGEMENT OF ADDENDA Bidders Name: LJ�/ISOGt rG'P, �i71� The bidder shall signify receipt of all Addenda here, K any, and attach executed copy of addenda to hid dnruments- 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 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: �J2�/SG 4e GAF' . /9 e= Business Address: ���� ��! lac Se �% G���, i Qe . Ll'-7-Z Telephone and Fax Number: California State Contractor's License No. and Class: Z/r (REQUIRED AT TIME OF AWARD) Original Date Issued: 7�� Expiration Date: 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: 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 L;11C,u' Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 19 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties: Briefly summarize the parties' claims and defenses: Have you ever had a contract terminated by the owner /agency? If so, explain. ,✓oyG Have you ever failed to complete a project? If so, explain. D For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 40 Are any claims or actions unresolved or outstanding? Yes / If yes to any of the above, explain. (Attach additional sheets, if necessary) M, Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Bidder On i-C IS I `1 dU l 1 before me, appeared --I ; nn 6'1$A V. CC'S on the basis of satisfactoq evidence to be th per within instrument and acknowledged to me th`afL authorized (capacit ies), and that by i /her /their or the entity u ehalf of which the( erson(s) ac L' z Title Date Notary Public, personally , who proved to me whose name(s) i are subscribed to the Jamey executed the same in �5i /t>edtheir ature s) on the instrument the 4 erso s), 3xecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha nd o lcial seal. JEFF ALTMAN (SEAL) _ COMM. 11843784 Notary Publk •California Notary b' in an a e _ Orange County Comm. Expires Apr 9.2013 My Commission Expires: i 1 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 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. 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 CONTRACT THIS CONTRACT FOR PUBLIC WORKS ( "Contract") is entered into this P4 -day of c"Gv OG 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City') and CENSOURCE, INC., a California corporation ( "Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: WAYFINDING SIGN PROJECT The work necessary for the completion of this contract consists of distributing notices to affected residents and businesses; removing existing wayfinding and directional signs; fabricating and installing new City wayfinding signs including shop drawings; and incidental items of work as required to complete the work shown on Plans and Specifications in place. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4040, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). 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. 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 23 Contractor accepts as full payment the sum of Ninety -Seven Thousand, Five Hundred Fifty -One and 16/100 Dollars ($97,551.16). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid; directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Peter Tauscher (949)644-3316 CONTRACTOR CENSOURCE, INC. 1790 N. Case Street Orange, CA 92865 714 - 281 -1076 714- 637 -5552 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 'of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' 24 Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000;000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 25 i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor: The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials; employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. 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. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall 26 specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 27 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, 'losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. U-1 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM: OFFICE ATTORNEY Date: F Ll L %onie Mulvihill Assistant City Attorney ATTEST: Date: ¢' no. 0 �' CITY OF NEWPORT BEACH A California Municipal Corporation and Charter City Date: / n Michael F. Henn Mayor CENSOURCE, A California coi I / By_ Leilani 1. Brown/ City Clerk Title: '' r❑�t'fi�<FTiL7��T�'�111�'9���t, Date: ' ')' [AT By: _ Title: Print Date: Q01 03/16/2011 10:24 - 7146375552 CENSOURCE INC PAGE 09/16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 BOND NO, innoRmoi FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ Two thousand nine hundred twenty seven dollars being at the rate of $ 30,00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to CENSOURCE, INC., a California corporation, hereinafter designated as the "Principal ", a contract for construction of WAYFINDING SIGN PROJECT, Contract No, 4040 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, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4040 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and&merican Contractors Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety -Seven Thousand, Five Hundred Fifty -One and 16/100 Dollars ($97,551.16) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,'Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 30 03/16/2011 10:24 - 7146375552 CENSOURCE INC PAGE 10/16 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 dyly executed by the Principal and Surety above named, on the 18th day of March 011. —r�n 1 1 1 ^ [)n Censource, Inc Bidder Anpriean Contractors Insurance Cmpan o Name of Surety 601 S Figueroa 11600 Los Angeles CA 90017 Address of Surety 310 - 242 -4411 Telephone Authorized Agent Signature Wanda Rue Robles Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Ted Shaw or Wanda Rue Robles of South Pasadena, California its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * *" *OneMillion * " "* Dollars ($ This Power of Attorney shall expire - without further action on March 18, 2011. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards. of Directors of the Companies: Be it Resolved that the President, any Vice - President, any Assistant Vico-Pnaxdent,.any Secretary or airy Assistant Secretary shall be and is hereby vested with full .power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the followine provisions: Attorne)-in -Fact may be given fill] power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, rewltnizanccs, contracts, agreements or indemnity and other.conditional or obligatory undertakings and any and all notices and documems canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by Site President and sealed and effected by the Corporate Secretary. - Be it Resolved that the signature ofany authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating .thereto by facsimile, and any power of attorney or cenificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS. WHEREOF, The Companies have caused this instrumenvto be signed and their corporate seals to be hereto affixed, this 15'h day of July, 2008. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals eo,* wtr` � aa State of California County of Los Angeles SS: By: —i Daniel P. Aguilar, Vice President On this 15'h day of July, 2008, before. me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. " I certify under. PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. IG DF80RAN _ I // ommnslon 47726271 Signature ��Urn �CGu+ Seal i Notary Angel. 1 g (Seal) la gn9elor County MI W tut rzprer M1b 19.1x11 I, Jeannie I. Kim, Assistant Secretary of American Contractors Indemnity - Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power. of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand . and affixed the seals of said Companies at Los Angeles; California this 18th day of March 2011 Corporate Seals �o�1yy.00,pr�'Ia SUIk� J T qc E Bond No. 100814701 amvweno SEAL * Jeannie J. Kim, Assistant Secretary SEP[n,It40 r r E. } Agency No. 010 •taa�' o 03/16/2011 10:24 - 7146375552 CENSOURCE INC PACE 16/16 ACKNOWLEDGMENT ................................................ ............................... State of California County of Los Angeles On Ma=ch 18, 2011 before me, `��/✓ �� //����! Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person( whose name(s`f is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 21 ii Sign af re (seal) a . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . a . . . . . . 4 . . . . . . . . . v....................... v. a.., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO ~ President / Vice - President / Secretary / Treasurer Other: Other Information: 37 Thumbprint of Signer (] Check here if no thumbprint or fingerprint is available. 03/16/2011 10:24 - 7146375552 CENSOURCE INC PAGE 13/16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WAYFINDING SIGN PROJECT CONTRACT NO. 4040 BOND NO. 1000834700 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to CENSOURCE, INC., a California corporation, a hereinafter designated as the "Principal," a contract for construction of WAYRNDING SIGN PROJECT, Contract No. 4040 in the City of Newport Beach, in strict conformity 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 Contract No. 4040 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, a6d,American Contractors Insurance Company duly authorized 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 Ninety -Seven Thousand, Five Hundred Fifty -One and 161100 Dollars ($97,551.16) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required 'to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, 0 VJ: LO/ Lull LU. L4 ': lYOJIJJ:JL UCINJUUMUG 1141 rluU 14/ 10 and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18th day of March CENSOURCE, INC. Bidder American Contractors Insurance Company Name of Surety 601 S Figueroa 11600 Los Angeles CA 90017 Address of Surety 310 - 242 -4411 Telephone Authorized Agent Signature Wanda Rue Robles nt Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 35 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURKI -Y COMPANY U.S. SPECIALTY LNsuRANCE:COMTANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,: United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: -. Ted Shaw or Wanda Rue Robles of South Pasadena, California its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed - * ** "'One Million * * * ** Dollars ($ * "1,000;000:00 ** ). This Power of Attorney shall expire without further action on March 18, 2011. . This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors . of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vi"-President, any Secretary or any Assistant Secretary shall be and is hereby vested with fill- - power and authority to appoint any one or more suitable persons as Attomey(s) -in=Pact to represent end act for and on behalf of the Company subject to the following° provisions: Afmrney- in- Fanmay be given full power and authority for and in the time of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, connects, agreements or inde_mnay and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. - -.. _ Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or my certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signemre or facsimile seal shall be valid and binding upon the Company with respect to any bond . or undertaking to which iris attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and`their corporate seals to be hereto affixed. this 15'h day of July, 2008. AMERICAN CONTRACTORS INDEMNITY COMPANY- UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURAN'CEEOMPANY Corporate Seals y T � utmvowom a SEAL g " `� " �strzul7aao i � y.+ � `State of California B) T— Daniel P. Aguilar, Vice President County of Los Angeles SS: On this 15" day of July, 2008, before me, Deborah _Reese, a notary public, personally appeared Daniel P. Aguilar, . Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed, to the within instrument and acknowledged to me that - _- he executed: the same in his authorized capacity, and that by his signature on the _instrument the person(s), or the entity upon behalf of -_ which the person(s) acted, executed the instrument. ` i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal -- , - - - otaou�10 1 i2E / Comm Won 9 1726111 Signature hd_l22 .Ae 6z (Seal) NaLary 7 gar ,edeomm f _ Las M9eIBa Ceuny,,, P 1. Jeannie J. Kim, Assistant Secretary of American Contractors. Indemnity Company, United States Surety Company and U.S, Specialty Insurance Company, do hereby certify that the above and `foregoing is a -true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto seamy hand and affixed the seals of said Companies at Los Angeles, California this rg.T «s, day of March 2011. Corporate Seals �{4r,n, -o / 1 Ln . eo*PT °4CTF \��"'cu`cc "N"""` °",,, """"'...""" `i ` V .v BondNo.1 _0- 0$14700 m Jeannie J. Kim, Assistant Secretary } Agency No. 6710 d O° 03/16/2011 10:24 - 7146375552 CENSOURCE INC PAGE 16/16 ACKNOWLEDGMENT bq b O avv g q q v vv g a q q q e q v v b n q q v q q q a V q q q q q v q b e q q q q q 0 b q s q q q q a b q u q q q o 0 0 g q a a q u q b q o o q q, State of Calffomia County of Los Angeles On March 18, 2011 before me, /U /C Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persoW;Those name) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws.of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. aitUw � LL Signature/ V (seal) e v g 0 v a a a v q a b a a v a a q q q v 0 0 a g a b a a a q q a b a v q 0 a 0 0 g a a 0 q a 0 q v a b a q q a 0 a 0 a b q 0 q v a v a q 0 a a a v q q q b, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION . , i ' it 1�qo // �GI Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witnesses) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 37 Thumbprint of Signer �] Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WAYFINDING SIGN PROJECT CONTRACT NO. 4040 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. 4040 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 Lump Sum Mobilization @ Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control @�GZ') Dollars and © Cents Per Lump Sum 4. Lump Sum Removal and Disposal of Existing Signs @ �7� Dollars and Cents Per Lump Sum 5. 25 Each Fabricate and Install Wayfinding Sign Series No. V01 @ Dollars and S Cents Per Each 3,J". o0 $/ /�V..3 J $ .? 4 913. dD PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 6. 31 Each Fabricate and Install Wayfinding Sign Series No. V02 @ ' = Dollars and Per Each 7. 9 Each Fabricate and Install Wayfinding Sign Series No. V03 @ Dollars and 3 3 Cents Per Each 8. Lump Sum. Spare Hardware @ Dollars and Cents Per Lump Sum Lump Sum Provide As -Built Drawings @ Five Thousand Dollars and Zero Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ / . -/9 $ j/ $1 y.1G..33 $ / a, �3�.9f $ 930. vo $ 5.000.00 . $ 5.000.00 �J /N�7 f -iLih'�- Y/�UL�S/fx i7 /tii�y <TY -SiX Dollars and /1e-'i -1-T7y/ /Cents Date Jiy -G37 ✓�33//7-C/- G37-.4T5"S� Bidder's Telephone aad Fax Numbers $ 9�? 0 94 - 3� Total Price (Figures) 7G�Sia % 1790 /v: //4 s e� Bidder's License No(s). Bidder's Address Ora -.1 and Classification(s) Bidder's email address: 1,17/11-5 �� L�Zr9 5G 1a 1-L',�;7 �i9ry 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WAYFINDING SIGN PROJECT CONTRACT NO. 4040 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 6 -7.1.2 Work Order 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents and Temp Parking Permits 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.1.1 Reinforcing Steel PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials N 4 4 4 5 5 6 6 6 6 7 7 7 7 8 8 8 8 8 10 T 10 10 10 10 11 11 11 SECTION 304 METAL FABRICATION AND CONSTRUCTION 304 -1;2 Method and Equipment SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 308 -1 GENERAL PART 7— ARCHITECTURAL SPECIFICATIONS 11 11 11 11 SECTION 700 QUALITY ASSURANCE 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WAYFINDING SIGN PROJECT CONTRACT NO. 4040 INTRODUCTION SP 1 OF 24 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- 5387 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2009 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of distributing notices to affected residents and businesses; removing existing wayfinding and directional signs; fabricating and installing new City wayfinding signs including shop drawings; 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 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: SP2OF24 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`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." SP3OF24 SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 75 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6.7.1.2 Order of Work. The work at each location shall be constructed, completed and approved prior to moving to next location. No more than three (3) construction sites can be under construction at any time. All work at each construction site shall be completed within five (5) consecutive working days. 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4rn the first Monday in September (Labor Day), November 11'n (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241n (Christmas Eve), December 251r' (Christmas), and December 315' (New Year's Eve). If January 1", July 4`n, November 111", December 24th, December 25`n or December 315' falls on a Sunday, the following Monday is a holiday. If January 151, July 4 `n, November SP 4 OF 24 11 th December 24th December 25th or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are generally limited to 7:30 a.m. to 5:00 p.m., in locations with adequate shoulder width or parking lane as defined by the Engineer, Monday through Friday. Working hours shall be restricted to 9:00 a.m. to 3:00 p.m. along major arterial. 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 5:00 p.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 $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $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." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: 'The Contractor shall coordinate and cooperate with City activities around the project 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 SP5OF24 with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious 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 www,newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 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. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. SP6OF24 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and 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. SP7OF24 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 100 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. SP8OF24 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "C -45" or "C -61 (D42)" 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 RECORDSIAS 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" drawings 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 ARlXIVAIT LIM 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 equipment storage area, preparing the BMP Plan, construction schedule, submittals, attending meetings, and keeping records of existing conditions prior to starting work for the Contractor's protection, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, posting signs and all costs SP9OF24 incurred by notifying residents and businesses. In addition, this item includes 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, temporary striping, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove and Dispose of Existing Signs: Work under this item shall include, but not limited to, the removing and disposing of the existing directional and Wayfinding signs, brackets, screws, posts, hardware related to sign removal, site preparation at all designated sign locations and all other work items as required to complete the work in place. This shall include removing of signs which are not located at the same locations as the stated in the Wayfinding Sign Project. Item No. 4 Fabricate and Install Wayfinding Sign Series No. V01: Work under this item shall include fabricating, delivering, and installing City Wayfinding signs including mounting clips, cantilever support system, 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, light poles, 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 submittals, sign support system, lifting eyes, and all other sign components that affect the structural design. The final product shall be accepted at the discretion of the Engineer. Item No. 5 Fabricate and Install Wayfinding Sign Series No. V02: Work under this item shall include fabricating, delivering, and installing City Wayfinding signs including mounting clips, cantilever support system, 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, light poles, 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 submittals, sign support system, lifting eyes, and all other sign components that affect the structural design. The final product shall be accepted at the discretion of the Engineer. Item No. 6 Fabricate and Install Wayfinding Sign Series No. V03: Work under this item shall include fabricating, delivering, and installing City Wayfinding signs including mounting clips, gaskets, support posts, bolts, fasteners, breakaway anchor base, 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, 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 submittals, support system lifting eyes, and all other sign SP 10 OF 24 components that affect the structural design. The final product shall be accepted at the discretion of the Engineer. Item No. 7 Spare Hardware: Work under this item shall include fabricating and delivering five (5) additional sets of sign hardware for V01, V02, and V03 sign designs, fifteen sets total, to the City's Corporation Yard at 592 Superior Avenue, Newport Beach. Item No. 8 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. The plans must be kept up to date and submitted to the engineer for review prior to monthly pay requests. 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 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SP 11 OF 24 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." SECTION 304 -- -METAL FABRICATION AND CONSTRUCTION 304 -1.2 Method and Equipment. Add to this section: "The Contractor shall use Telespar Unistrut square posts with pre - galvanized finish. Post shall be installed with Telespar Unistrut single breakaway anchor base system." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SP 12 OF 24 Prepared by Dinnis Lee, Hunt Design PART 7 ARCHITECTURAL SPECIFICATIONS SECTION 700 - -- QUALITY ASSURANCE SECTION 10440 EXTERIOR SIGNAGE GENERAL SPECIFICATIONS 1.1 CONTRACT DOCUMENTS A. The contract documents to bid, fabricate, and install signage and graphic elements for this project consists of: 1. Part 1 of 2 Wayfinding Sign Project and Message Matrix: Specifications and Messages are included in an 8 1/2" x 11" bound booklet. The Specifications state the technical description of minimum quality and performance required of signage and graphic elements. 2. Part 2 of 2 Wayfinding Sign Contract Plans are included on 24" x 36" drawings. Location Plans locate all signage and graphic elements. The Design Drawings show design intent, visual details and typical mounting conditions for signage and graphic elements. 1.2 QUALITY ASSURANCE A. Design Criteria 1. Structural design: Details on drawings 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 SP 13 OF 24 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 use and purpose and to protect the City. Designs, which meet or exceed industry and code standard engineering practices, will be required. These shall be submitted to the City and Hunt Design. a. Include foundations as part of the signage and graphics work. b. When required because of size or weight of sign, provide lifting eyes. Lifting eyes shall be removable or visually inconspicuous in the finished work. C. Include support backing and connection to existing support structure or mounting surface. 2. Fabrication and installation design: Unless otherwise directed by the Engineer, 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. 3. Interpretation of Plans and Specifications: a. The Engineer will interpret the meaning of any part of the Plans and Specifications about which any misunderstanding may arise and the City's decision will be final. Should there appear to be any error or discrepancy in or between the Plans and Specifications, the Contractor shall refer the matter to the City for adjustment before proceeding with the work. Should the Contractor proceed with the work without so referring the matter, the Contractor does so at its own risk and must bear any additional cost incurred as a result of failure to so refer. 1.3 SUBMITTALS A. Shop Drawings: Provide two (2) copies of shop drawings for all sign types identified in this package to the Engineer and Hunt Design for review prior to fabrication. 1. Shop Drawings definition: SP 14 OF 24 a. Shop instruction drawing on contractor's title -block showing exactly how the sign will be made: exact materials; techniques; processes; dimensions; internal structure; welds; connections; fasteners; mounting details 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 Wayfinding Sign Project Plans. C. These drawings will, once accepted, be signed as reviewed by the Engineer and Hunt Design and will become the documents from which the signs are fabricated. d. Alternates or Substitutions: Contractor may not make requests to substitute alternate materials or techniques other than those noted on drawings or specifications Quality Assurance. The Engineer or Hunt Design may request actual samples for approval of substitutions. B. Patterns: Provide one (1) full size, paper pattern for all signs with painted, curved, stenciled, cutout, fabricated, lettering characters, forms or other as noted on drawings to the City and Hunt Design for review. Identify each pattern with the sign number to which the pattern applies. 1. Pattern definition: a. Full size exact outline on white paper of each letter, word, font 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 City and Hunt Design and will become the pattern or template for shop fabrication. C. Retain all original annotated patterns reviewed by the City and Hunt Design during pattern submittal process. Retain final approved /stamped pattern for use and review at installation. C. 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. SP 15 OF 24 3. Three (3) each type adhesive plastic film, including computer cut designs. 4. Three (3) of all other items as may be required by the City or as indicated on Drawings. 5. Three (3) copies of Manufacturer's Certificates of Material Standards to meet all applicable Code and Ordinance Requirements. 1. Contractor to 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. 1.4 MATERIAL HANDLING A. 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. B. Provide clear and legible identifying information on all product packaging to ensure proper on -site review and installation. 1.5 PROJECT CONDITIONS A. Protection: 1. Protect signs after installation from damage due to subsequent construction activities 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. 2. Warning signs and other methods of protection must be sufficiently substantial to withstand normal, anticipated construction activities and are subject to City's approval. B. Sequencing /Scheduling: Coordinate fabrication, delivery, installation, field finishing and field - application, where applicable, of the work of this SP 16 OF 24 section, with progress of construction and Engineer's schedule. The Engineer retains right to provide only 24 hours notice for required delivery, installation, field- finishing and field - application of Work of this section. 1.6 WARRANTY A. Warrant all work against failure because of faulty materials, workmanship, and design for a period of one year from date of acceptance by the Engineer. B. Fading, cracking, warping, peeling, delaminating, rusting, corroding and structural failure, including distortion by whatever cause, shall be construed to mean failure because of faulty materials and workmanship. C. Failures during the warranty period shall be repaired or replaced to the satisfaction of the Engineer. 1.7 WORKMANSHIP A. 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. B. 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. 1.8 FABRICATION - GENERAL A. Intent of Specifications: Finished work shall be of highest quality to pass eye -level examination and scrutiny by the Engineer and Hunt Design. B. 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. 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. C. Sign construction: SP 17 OF 24 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 smooth and free flowing to required shapes. 6. Produce castings from virgin materials of uniform alloys, in molds adequately bound. 7. Fabricate continuous, internal support/mounting systems required to adequately secure /support signs. 8. Except where approved otherwise by the Engineer, conceal fasteners. 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 all signs) and have tight, hairline -type appearance, without gaps (varying or otherwise). Provide sufficient fastenings to preclude looseness, racking, or similar movement. 10. Exercise care to assure that finished surfaces are unblemished in completed Work. 11. Isolate dissimilar materials. Exercise particular care to isolate non- ferrous metals from ferrous metals, including fasteners. 12. Support/anchorage for signs: a. Where support/anchorage are not part of Work, furnish to City' 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 the City and City's other contractor's schedule and construction progress. b. Where support /anchorage or similar mounting hardware is part of work of this section, coordinate installation schedule SP 18 OF 24 with Engineer and City's other contractor's construction progress. C. Verify or otherwise ensure that support/anchorage, whether or not furnished or installed as part of work of this section, is completely satisfactory for supporting /anchoring or otherwise mounting work of this section. 13. SignFix/Band -it hardware and strapping: a. Quantity and configuration of SignFix channels shown on Design Drawings are for design intent only. Contractor is to verify and implement actual spacing configurations by utilizing software developed by SignFix. The software is an aid to establishing correct structural integrity and support under adverse conditions. If additional support is suggested, the contractor is to provide detailed drawings to the Engineer prior to fabrication for review and approval. D. Copy: Unless specifically indicated on Contract Plans otherwise, fabricate sign copy as follows. 1. Silkscreened copy: Finish sheen of copy to match sheen of copy panel background (gloss, semi - gloss, or sheens between). Edges of letters shall be straight and corners sharp. Surface of letters shall be uniform in color, finish, and free from pinholes and other imperfections. 2. Vinyl letters: Vinyl letters and numbers shall be computer cut unless the City approves an alternate process prior to fabrication. Copy shall be prespaced with 3 -M series 2- application tape, prior to installation on sign. No exceptions. 3. Digital print processes, including dye - sublimation: As approved by the City. E. Vinyl sheeting: 1. Shrinkage: The retroreflective sheeting shall comply with the shrinkage requirements contained in ASTM D 4956 section 7.8, shall be weather resistant and show no appreciable cracking, blistering, crazing or dimensional change after three years unprotected outdoor exposure conducted according to ASTM G7. F. Metal finishes: 1. Aluminum: SP 19 OF 24 a. Mill finish - painted: AA M12 C40 (as fabricated, non - specular mechanical finish with conversion coating for paint adhesion). b. Smooth finish - painted: AA M21 C12 C40 (buffed, smooth specular mechanical finish with chemically -clean non - etched finish with conversion coating for paint adhesion). C. Unexposed or concealed surfaces may be mill finish. 2. Ferrous -galvanized: ASTM A123. 3. Structural reinforcing: Provide reinforcing as required. a. Refer to Article 1.2. - "QUALITY ASSURANCE" 4. Preparation for painting: a. After units have been fabricated, and before shipping, prepare units for painting and finishing in accord with the following procedure, in sequence listed, to remove wax and mold residue, and to provide the proper base for acceptable applied finishes. 1. Remove fins and ragged edges. 2. Wash surfaces using either: (2a) 650 psi pressure wash. (2b) Steam cleaning. (2c) Hand wash with scrub brush and follow with a thorough rinse. 3. Chemically wash surfaces by hand, using clean rags. Change rags often enough to prevent wax contamination of the cleaner and prevent smearing or moving the wax from one area to another. 4. Be sure that all wax and form release has been removed. Failure of finish applied over form release not apparent during finish application, but fails later is the fabricator Vendor's responsibility. G. Painting and Finishing: 1. Definitions: a. The term "paint" as used herein includes enamels, polyurethanes, paints, primers, sealers, fillers, stains, and SP 20 OF 24 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. 2. Sample finishes: Refer to Article 1.3 - "SUBMITTALS ". 3. Paint color references: As indicated on plans. 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. In addition, include carefully balanced ultraviolet inhibitors for all materials. a. 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 City for future maintenance reference. 5. Application: a. Properly prepare sub surfaces and apply materials in an 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 art director. 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 SP 21 OF 24 by the City, provide semi -gloss for metal and plastic surfaces. 6. Paint schedule: a. Aluminum: 1. Exterior surfaces of signs: (1 a) Pretreatment: Etching /wash type as recommended by manufacturer. (1 b) 1st coat: Epoxy primer as recommended by manufacturer. (1 c) 2nd coat: Two - component catalytic, linear, aliphatic polyurethane enamel with ultraviolet inhibitors. Automotive -type enamels are not acceptable. b. 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. H. Screen Printing: 1. Transparent inks: As manufactured by 3M or equal. a. Screen material for screen printing process: 1. Stainless steel, nylon or polyester with 250 lines per inch, or finer. 2. Use 16 XX screen for printing on cloth fabric. 3. Screen Printing for 3M retroreflective sheeting Series 3970: b. 3M Ink Series 880 (no known equal) C. Series 880 process colors can be screen processed at 60- 100 F at relative humidity of 20 -50 %. Use of PE 157 screen mesh with a fill pass. I. Concrete Footings: 1. Concrete: Provide concrete in accord with CNB standard 560 -C -3250. a. Mix proportions: As required to produce 28 day compressive strength of not less than 3,250 psi. SP 22 OF 24 J. Anti - Graffiti Finishes: 1. Anti - Graffiti Coatings - General a. 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 or aluminum. Once applied and cured, all coatings must also be impervious to damage by graffiti removers or cleaners. Coating and cleaner compatibility is 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. 2. Anti - Graffiti Coatings - Application a. 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. 1. Cleaning protocols a. Steel - Sand or bead blast to gray metal. Prime or apply topcoat direct -to -metal (dtm) before flash rust. b. Aluminum - Clean with solvent in small, manageable areas. All oil, grease, silicon, etc., must be adequately removed and the solvent completely evaporated before application. C. 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. 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 SP 23 OF 24 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. 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. 4. Anti - Graffiti Sheeting - General a. Sheeting shall be a matching component system consisting of a high performance protective transparent overlay for use on signs made from 3M sheeting, films and images. b. Series 1160 or 1160A, a durable, solvent resistant, transparent, fluoropolymer film coated with a transparent pressure- sensitive adhesive as manufactured by 3M, Calon or approved substitution. 1.9 MATERIALS A. Use materials, parts, fasteners, etc. of only the highest quality. 1. Vinyl die cut film: As manufactured by 3M Company or equal. 2. Aluminum extrusion and sheeting to meet Federal Specifications QQ -A- 200/9; 6063 -T52 and QQ -A- 250/11; 6061 -T6. Finishes are as specified on the Signage Design Drawings. 3. Steel extrusion and sheeting to meet Federal Specifications ASTM A36; ASTM A366 and ASTM A519. Finishes are as specified on Signage Design Drawings. 4. Paints - Use Matthews Paints, PPG or equal. 1.10 INSPECTION A. The City and Hunt Design reserve the right to inspect work in the fabrication shop in progress and before it is shipped to the jobsite for installation. B. Fabricator shall inspect installation locations for conditions, which will adversely affect execution, performance and quality of work, and shall not proceed with installation until unsatisfactory conditions have been corrected. SP 24 OF 24 1.11 INSTALLATION -GENERAL A. Verify and stake the exact sign locations at on -site walk -thru with the Engineer and Hunt Design. Notify the Engineer of any conditions that may adversely affect satisfactory installation of graphic elements. B. Except as indicated otherwise on the drawings, install prefabricated work plumb, level, square and true to line. C. Securely anchor work in proper location using anchors, anchorages, fasteners, or other methods approved on shop drawings. All anchors and fasteners shall be appropriate to the anchorage condition. D. Coordinate work and access to site with the Engineer. E. Final adjustment and cleaning: 1. Touch -up all scratched, marred, abraded, or otherwise damaged surfaces to match original surfaces. 2. Clean -up work area after installation has been completed. 3. Contractor shall be responsible for repairing or correcting damage to other contractor's work resulting from Contractor's work. F. All signs shall be installed only in locations meeting City Standard Plan 110 -L for line of sight requirements. End of Specifications F :\Users \PBW\Shared \Contracts\FY 08- 091Wayfinding Sign C- 40401SPECS- Revised 01051 i.doc CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4/11/2011 Dept. /Contact Received From: Date Completed: 4/11/2011 Sent to: Shari By: Joel Company /Person required to have certificate: CenSource, Inc. Signsource Las Vegas, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: American States Insurance B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes F7X No 0 D. LIMITS (Must be $1 M or greater): What is limit provided? $ 1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes IX No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes OX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes �X 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 OX I. 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. Endeavor wording 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: American States Insurance B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? S1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes I _ ! No F. 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. Endeavor wording_ 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Castle Point National B. AM BEST RATING (A-: VII or greater): A -; X C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes Fx No a HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Note that Safeco is a part of Golden Eagle. Approved: r b April 13, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach 0 Requires approval /exception /waiver by Risk Management Comments: Approved: Risk Management Dale Yes OX No 7 B &B initials 04/11/2011 14:14 FAX MOSES, MENDENHALL SHAIY, 11002 ACORD CERTIFICATE ®F LIABILITY INSURANCE 2/1 /22oa11Y' PRODUCER (626) 799 -7813 FAX: (626) 799 -6784 Shaw Moses Mendenhall 6 Associates 625 Fair Oaks Suite 158 South Pasadena CA 91030 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 CenSource, Inc., Signsource Las Vegas, Inc., 1790 North Case Street Orange CA 92865 INSURER A: American States Insurance 19704 INSURER2.%!eco Insurance INSURER C:Castle Point National W SURER D: INSURER E: OVEPAGES THE POUCHES 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 ADO'L NSRn TYPE OF INSURANCE POUCYNUMBER POLICY EFFECTIVE OAT, M1,,,,,,Yyl POLICY EXPIRATION DATE IMMIDDffy) LIMITS _LM A X GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Q OCCUR 01CG31538980 5/1/2010 5/1/2011 EACH OCCURRENCE $ 1,000,000 PgEMISES Ea a"; nca S 200,000 MED EXP ws mson) $ 10,000 PERSONAL d AM IWU Y S 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE I_Xj POLICY LIMIT APPLIES PER: JE OT LOC P ODUCTS- OMPOPAGG 5 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHFDULEDAUTOS HIRED AUTOS NOWOMED AUTOS. OICG31530980 5/1/2010 5/1/2011 COMBINED SINGLE LIMIT (Es a¢Monl) S 1,00D, 000 X BODILY INJURY (Per P...n) 5 X BODILY INJURY (Pe .a .nl) S X PROPERTY DAMAGE (Pm aoddonU g GARAGE LIABILITY ANY AUTO AUTO ONLY- EAACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGO 3 $ B E)(CESSIUMSRELLA LIABILITY X OCCUR Fx_1 CLAIMS MADE DEDUCTIBLE X RETENTION SIG, 000 DISU354941 5/1/2010 5/1/2011 EACH OCCURRENCE S 5,000,000 AGGREGATE S S g g C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERRMEMBER EXCLUDED? If Yoe �w undue SPECIAL PROVISIONS belux WCPBC1103410 12/1/2010 12/1/2011 X I WC TAT - OTH. I ER EL EACH ACCIDENT S 1,000,000 E.L.DISEASE - EA EMPLOYEES 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATONSILOCAMONSNEHICLES ,EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 - DAY NOTICE OF CANCELLATION FOR NON - PAYMENT AND /OR NON - REPORTING. The Certificate Holder its Officers officials employees and volunteers aze named as an Additional Insured - Managers or Lessors of Premises as regards to General Liability and those ususal to the Insured's Operations. Way£inding Sign Project City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 NS025 IDIDBJam SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE Toni King, CISR a 10RA Psgo I a2 04/11/2011 14:15 FAA MOSES, MENDENHALL SHAW, Q003 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY INFORMATION PAGE ENDORSEMENT The following item(s) ❑ Insured's Name (WC 89 06 01) ❑ Policy Number (WC 89 06 02) ❑ Effective Date (WC 89 06 03) ❑ Expiration Date (WC 89 06 04) ❑ Insured's Mailing Address (WC 89 06 05) ❑ Experience Modification (WC 89 04 06) ❑ Producer's Name (WC 89 06 07) ❑ Change in Workplace of Insured (WC 89 06 08) ❑ Insured's Legal Status (WC 89 06 10) is changed to read: THE FOLLOWING ENDORSEMENT NUMBER POLICY: WC040306 CALIFORNIA WAIVER OF OUR • Item 4. Change To: WC 89 06 00 A ❑ Item 3.A. States (WC 89 06 11) ❑ Item 3.B. Limits (WC 89 06 12) ❑ Item 3.C. States (WG 89 06 13) ❑ Item 3.D. Endorsement Numbers (WC 89 06 14) ® Item 4.' Class, Rate, Other ONC 89 04 15) Interim Adjustment of Premium (WC 89 04 16) O Carrier Servicing Office (WC 89 06 17) O Interstatelintrastate Risk ID Number (WC 89 (1fi 18) ❑ Carrier Number (WC 89 06 19) (S) ARE ADDED AND BECOME PART OF THE RIGHT TO RECOVER FROM OTHERS (Ed. 7 -87) Total Estimated Annual Premium $ Minimum Premium $ Deposit Premium $ All other terms and conditions of this policy remain unchanged Any premium adjustment is subject to audit. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staled. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 03/02/2011 Policy No. WCP— BC11034 -10 Endorsement No. 001 Policy Effective Date: 12/01/2010 to 12/01/2011 Premium$ N/A Insured: CenSource , Inc. OBA: Carrier Name ICode: Castle Point National Insurance Company NCCI Carrier Code No. 33514 WC 89 06 00 A Countersigned by Ed. 7 -87 O 1987 National Council on Compensation Insumme. Page 1 of 1 Premium Basis Rate Per $100 Code Total Estimated Estimated Classifications No. Annual of Annual Premium Remuneration Remuneration Total Estimated Annual Premium $ Minimum Premium $ Deposit Premium $ All other terms and conditions of this policy remain unchanged Any premium adjustment is subject to audit. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staled. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 03/02/2011 Policy No. WCP— BC11034 -10 Endorsement No. 001 Policy Effective Date: 12/01/2010 to 12/01/2011 Premium$ N/A Insured: CenSource , Inc. OBA: Carrier Name ICode: Castle Point National Insurance Company NCCI Carrier Code No. 33514 WC 89 06 00 A Countersigned by Ed. 7 -87 O 1987 National Council on Compensation Insumme. Page 1 of 1 04/11/2011 14:15 FAX Golden Nagle insurance. Nm�peull /n'nl'f�^w fv+V NOSES, MENDENHALL SHAIY, ID 004 CG 76 80 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organlzatlon: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ATTN: SHAUNA OYLER 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person or organization shown in the Schedule subject to the following provisions: 1. The additional insured is an insured but only for liability directly resulting from: a, your ongoing operations for the additional in- sured whether the work is performed by you or for you; or b, the general supervision of your ongoing op- erations by the additional insured. 2. This insurance does not apply to: a. "Bodily injury" or "property damage" arising out of any act or omission of, or for defects in design furnished by or for, the additional insured or b. "Bodily injury" or "property damage" in- cluded within the "products- completed oper- ations hazard." A person's or organization's status as an additional insured under this endorsement ends when your op- erations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on CO 76 80 10 02 you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. The insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy, or b. The coverage and /or limits required by the contract, agreement or permit. With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS is de- leted and replaced by the following: 4. Other Insurance a. This insurance is primary and noncontrib- utory, and our obligations are not affected by any other insurance where the additional in- sured is the Named Insured, whether pri- mary, excess, contingent, or on any other basis; however, the defense of any claim or "suit" must be tendered as soon as practi- cable to all other insurers which potentially provide insurance for such claim or "suit ". b. This additional provision applies only to the additional insured shown in the Schedule and the coverage provided by this endorse- ment. EP C A G- W F I trW: ,M 6511016 E x 04/11/2011 14:15 FAX T10SES, IHENDENHALL SHAIV, IM005 lk�Golden Eagle lnsurance. CA 71 35 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL 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 modified by the endorsement. Endorsement effective 01 -25 -11 Named Insured Countersigned by CENSOURCE, INC. (Authorized Representative) Schedule Name of Person or Organization: CITY OF NEWPORT BEACH Address: PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658 Premium: $ $150 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN IN- SURED is changed to. include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to 'bodily injury" or 'property damage" resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents; CA 71 35 12 93 3. Any person, except the additional insured or any employee or agent of the additional in- sured, operating a covered "auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To 'bodily injury" or 'property damage" arising out of the sole negligence of the persons) or organization(s) shown in the Schedule. EP GAG -0O- FRINT001 .01 G�-001 I.E SEW PART CITY OF 9j? NEWPORT BEACH Foa City Council Staff Report Agenda Item No. 13 March 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum(a)newportbeachca PREPARED BY: Peter Tausc^her, Junior Engineer APPROVED: Gam' TITLE: WAYFINDING SIGN PROJECT — AWARD OF ABSTRACT: 0 (i 2in1 9 City staff was requested to explore and develop a Wayfinding sign package to assist guests visiting the City with locating major destination points. Community support groups have pledged to contribute approximately 62 percent of the cost. Staff received construction bids for fabrication and installation of the Wayfinding Sign project and is requesting City Council's direction whether or not to proceed with award of the project to Censource, Inc. RECOMMENDATIONS: Council to select one of the following two options: 1. Award the project and proceed with the work as follows: a) Approve the project drawings and specifications, b) Approve Budget Amendment No. 11- recognizing a contribution of $60,300 from Visit Newport Beach, Inc. and various business improvement districts and appropriating $60,300 to Account No. 7251- C3002011; and transferring $48,700 in project savings from Account No. 7013- C2002014 and $3,000 in project savings from Account No. 7017- C8002026 to Account No. 7014- C3002012 for a total appropriation of $112,000.00 to cover the cost of the project. All contributions are to be collected and deposited in the project account prior to proceeding with the contract award. c) Award Contract No. 4040 to Censource, Inc. for the Total Bid Price of $97,551.16 and authorize the Mayor and the City Clerk to execute the contract; and d) Establish a contingency of $14,448.84 (15 %) to cover the cost of unforeseen work. 2. Reject all bids and provide staff direction on how to proceed with the project WAYFINDING SIGN PROJECT — AWARD OF CONTRACT No. 4040 March 08, 2011 Page 2 DISCUSSION: At the August 10, 2010 study session, staff reviewed the history and status of the Citywide Directional and Wayfinding Sign Program and presented a cost estimate for fabricating and installing 65 directional signs. In response, Council directed staff to competitively bid the project to determine the actual cost to complete the program. At 10:00 a.m. on February 16, 2011, the City Clerk opened and read the following bids for this project: Z�3 /►><II�iTi "I $ 97,551.16* $119,426.00 $121,990.00 $146,153.00 $147,455.00 $154,138.74 ** $161,150.00 $170,168.00 $178,506.00 * As -bid amount is $99,096.32 ** As -bid amount is $154,138.76 The low total bid amount was approximately 45 percent below the engineer's estimate. The engineer's estimate was developed based on the unit prices developed by the consultant on recently completed projects. The unique nature of the project and current competitive construction market most likely contributed to the disparity between the received low bid and staff's cost estimate. The low bidder, Censource, Inc., possesses a California State Contractor's License Classification "C-45" as required by the project specifications. Although Censource does not have significant experience on municipal projects, a check of its references shows Censource has satisfactorily completed similar projects for the Honda Center, Vons Supermarket, Safeway Supermarket, and United Ports of San Diego. Censource confirmed the validity of its corrected bid. The project consists of removing existing wayfinding directional signs; fabricating and installing new w ayfinding s igns; a nd incidental w ork i tems as required by the Contract documents. Pursuant to the Contract specifications, Censource will have 75 consecutive working days to complete the construction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. BIDDER Low Censource, Inc. 2 Sign and Services Company 3 PVL Signs and Graphics 4 Architectural Graphics, Inc 5 Clear Sign & Design, Inc.. 6 Outdoor Dimensions 7 A Good Sign 8 G.J. Neon Signs, Inc. 9 Bravo Sign & Design Z�3 /►><II�iTi "I $ 97,551.16* $119,426.00 $121,990.00 $146,153.00 $147,455.00 $154,138.74 ** $161,150.00 $170,168.00 $178,506.00 * As -bid amount is $99,096.32 ** As -bid amount is $154,138.76 The low total bid amount was approximately 45 percent below the engineer's estimate. The engineer's estimate was developed based on the unit prices developed by the consultant on recently completed projects. The unique nature of the project and current competitive construction market most likely contributed to the disparity between the received low bid and staff's cost estimate. The low bidder, Censource, Inc., possesses a California State Contractor's License Classification "C-45" as required by the project specifications. Although Censource does not have significant experience on municipal projects, a check of its references shows Censource has satisfactorily completed similar projects for the Honda Center, Vons Supermarket, Safeway Supermarket, and United Ports of San Diego. Censource confirmed the validity of its corrected bid. The project consists of removing existing wayfinding directional signs; fabricating and installing new w ayfinding s igns; a nd incidental w ork i tems as required by the Contract documents. Pursuant to the Contract specifications, Censource will have 75 consecutive working days to complete the construction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. WAYFINDING SIGN PROJECT — AWARD OF CONTRACT No. 4040 March 08, 2011 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. FUNDING AVAILABILITY Four support groups have agreed to contribute a total of $60,300.00 towards the project construction cost, which amounts to nearly 62 percent of the contract bid amount. Staff recommends delaying contract execution until all contributions are received. Contribution sources are as follows: CONTRIBUTION SOURCE Visit Newport Beach, Inc." Marine Avenue Business Improvement District Balboa Village Business Improvement District Corona del Mar Business Improvement District Total AMOUNT $50,000.00 $ 3,300.00 $ 3,000.00 $ 4,000.00 $60,300.00 "Visit Newport Beach is wholly funded with an 18% TOT allocation from the City and TBID assessments from several hotels in Newport Beach. This $50,000 is being contributed from the City's TOT allocation funding source for the promotion of Newport Beach. Upon approval of the budget amendment, sufficient funds are available as follows: Account Description Account Number Amount Contributions 7251- C3002012 $ 60,300.00 General Fund 7014- C3002012 51,700.00 $ 112,000.00 Proposed uses are as follows: Vendor Censource, Inc. Censource, Inc. Submitted by: Badum s Director Purpose Amount Construction Contract $ 97,551.16 Construction Contingency 14,448.84 Total: $ 112,000.00 A. Locati on Map B. Budget Amendment Al Wayfinding Sign Project — Location Map C-4040 &* I w ---------- - City ®f Newport Beach BUDGET AMENDMENT 2010 -11 . EFFECT ON BUDGETARY FUND BALANCE: X Account Increase Revenue Estimates X Division Increase Expenditure Appropriations AND X Account Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO, BA- 11 BA -037 AMOUNT: $112,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to recognize a contribution from Visit Newport Beach, Inc. and various business improvement districts and appropriate the funds to the Wayfinding Sign Project. Also, to transfer project savings from the Westcliff Drive Median Renovation account and the Tsunami Warning System account to the Wayfinding Sign Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Amount Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description 5100 5937 Public Works: Engineering - Wayfinding Sign Contribution $60,300.00 EXPENDITURE APPROPRIATIONS (3603) Division Number 7013 Account Number C2002014 Division Number 7017 Account Number C8002026 Division Account Signed: Signed: Number 7014 Number C2002014 Approval: Street Westcliff Drive Median Renovation Automation /Communication Tsunami Warning System Misc & Studies Wayfinding Sign Project -/-C,> G- It Approval: City Services Director $48,700.00 $3,000.00 Automatic $112,000.00 1 !I Date 3�330� Date Signed: City Council Approval: City Clerk Date