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HomeMy WebLinkAboutC-4599 - Lifeguard Headquarters Roof ReplacementOFFICE OF T1E3I]E CITY CLERK Uilani I. Brown, MMC March 23, 2011 Mr. Stephen Roberts AWR, Inc. dba All Weather Roofing 229 North Loma Place Upland, CA 91786 Subject: Lifeguard Headquarters Roof Replacement (C -4599) Dear Mr. Roberts: On February 8, 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 February 15, 2011, Reference No. 201000084237. The Surety for the contract is the Western Surety Company and the bond number is 71004012. Enclosed is the Labor & Materials Payment Bond. Sincerely, LAa4nilaromw , MM� 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 BOND NO. 71004012 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to AWR, Inc., dba All Weather Roofing, hereinafter designated as the "Principal," a contract for construction of LIFEGUARD HEADQUARTERS ROOF REPLACEMENT, Contract No. 4599 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. 4599 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, WESTERN SURETY CCMPF We the undersigned Principal, and, duty 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 Thirty -Six Thousand, Three Hundred Fifty and 001100 Dollars ($36,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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, 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 nofexonerate 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 29th day of September , 2010. AWR, INC. DEA ALL WEATHER ROOFING (Principal) WESTERN SURETY COMPANY Name of Surety 333 S. Wabash Ave., 41st Floor Chicago, IL 60604 Address of Surety 605- 336 -0850 Telephone By g � Authorized Signature/Title Authorized Agent Signature L. Davis, AWL Sec. Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACE° ®R AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 29th day f September 2010 Y ,before me, a Notary Public in and for said County, personally appeared L. Davis, Asst. Sea. personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, acorporation duly organized and existing . under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires J.HEGGEN my Commission Expires 6-22 -2093 Form 103 -12 -98 Notary Public ACKNOWLEDGMENT State of California. }55. County of San Bernardino } On November 3`d 2010 , before me, Jeremy Roberts Notary Public personally appeared _ Stephen G. Roberts who proved to me on the basis of satisfactory evidence to be the person whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the States of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . >.� a, - „.� .iE9Eyly ti�7ryERTS �..;” ' COMM. 81779655 h NOTARY RUBUC- CALIFORNIA CJ SAN BERNAROINO COUNTY Mu e�nraP'�OsN v. 12, 2011 Signature of Notary W 1, k estern Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71004012 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint L. Davi wim aewnieys)- m -mcu, wicn mu power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: A W R, Inc_ dba All Weather Roofing Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the .above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 1 2011 —,but until such time shall be irrevocable and in full force and effect. ' In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,, anidyitsrcorprorate seal to be affixed this 29th day of �eptember 2010 SURE Y COMPANY igs Paul T. Bruflat enior Vice President ICA STATt' SOUTH` W TA -11 COU W, 4 PR P`..�' as h'14 _FIA On this 29th day of Sey7tembgr _, in the year 7.010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation. i'+SS9sswses5ze...,ess...se.,es � S r D. KRELL ; /J s�NOrABY PUBLIC �S i Q a N r SEAL SEAL r Notary Public - South Dakota i SOUTH DAKOTA s s 455y..,zsa5a4a55ssesyssayy♦ My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 29th September 2010 day of Form F5306 -9 -2006 WES R SURE Y COMPANY Paul T. Bruflat enior Vice President RECORDING REQUE��Y N D WHEN RECORDED RET 1JOA" D 59 7011 City Clerk City of Newport Beach OFFICE OF 3300 Newport Boulev��CC�+�rr THE CITY CLERK Newport Beach, CA 92fi63'� niv pPORT RkH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION 19 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All Weather Roofing of Upland, California, as Contractor, entered into a Contract on _September 28, 2010. Said Contract set forth certain improvements, as follows: Lifeguard Headquarters Roof Replacement — (C-4599) Work on said Contract was completed, and was found to be acceptable on February 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. qExecuted on U►�U� W11 at Newport Beach, California. c BY41 City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 7 Agenda Item No. February 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 -644 -3321 or ftse @newportbeachca.gov SUBJECT: LIFEGUARD HEADQUARTERS ROOF REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4599 ISSUE Staff requests approval to accept the Lifeguard Headquarters Roof Replacement Project, Contract No. 4599 as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after this Council acceptance. DISCUSSION Summary of Completed Construction Contract Awarded Final Cost at Benchmark Actual Contract Time Contract Amount Completion Target Contract Time Under ( -) or Change (days) Over ( +) $36,350.00 $41,100.00 Contract +13.1% 15 0 Plus 27.5% On September 28, 2010, City Council authorized the award of the Lifeguard Headquarters Roof Replacement Project contract to All Weather Roofing for a total contract cost of $36,350.00 plus a 27.5% allowance for contingencies. The contract included complete replacement of the flat and vertical roofs atop the center portion of the Lifeguard Headquarters building and replaced missing roofing shingles at the Harbor Resources buildings on Harbor Island. Drive. 1 11 6- 011 ti Ivf g', j X41 " "Lr A ! ,y W 6u Y f iA � Lifeguard Headquarters Roof Replacement Completion and Acceptance of Contract No. 4599 February 8, 2011 Page 2 The contract has now been completed to the satisfaction of the Fire and Public Works Departments. One change order in the amount of was approved to replace additional deteriorated hardware and materials not included in the original contract scope of work. Original bid amount Net changes including one Final contract cost: order $ 36,350.00 A summary of the project schedule is as follows: Estimate Completion Date per July 2010 Schedule December 24, 2010 Project Award for Construction September 28, 2010 Contract Completion Date per Notice To Proceed December 31, 2010 Substantial Completion Date December 31, 2010 ENVIRONMENTAL REVIEW On August 31, 2010, a Notice of Exemption was filed pursuant to Section 15301, Class 1(c) of the CEQA of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, for the construction of a replacement facility with identical use. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared construction Notices were distributed by the Contractor to area residents and businesses. FUNDING AVAILABILITY Total project expenses, including incidentals, are summarized as follow: Construction $41,100.00 Project Advertisement 95.00 Reprographics 42.98 Total Project Cost $41,237.98 Funding for this project was expended from the following account: Account Description Account Number Amount Fire- Lifeguard Bldg Maint- Repair 2360 -8040 $41,237.98 Total Project Cost $41,237.98 It is expected that up to 75% of the project total cost will be reimbursed by the State through an authorization from the California Emergency Management Agency to pay for storm damage repairs. The City is responsible for the remaining 25 %. Pre ar by: Submitted b Civil Engineer Location Map Works Director rn Oit ILO 2� a A� F� A 9 c � o)� oii PROJECT LOCATION oCE.'vV LOCATION MAP NOT TO SCALE 2FLK?o LIFEGUARD HEADQUARTERS ROOF REPLACEMENT C -4599 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 AM on the 9th day of September, 2010, at which time such bids shall be opened and read for LIFEGUARD HEADQUARTERS ROOF REPLACEMENT Title of Project MANDATORY JOB WALK: 9/1/2010 @ 10AM Lifeguard Headquarters at Newport Pier Contract No. 4599 $55,000.00 Engineer's Estimate AppMved by phe Badum Pub is Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "B" or "C39" For further information, call Fong Tse, Project Manager at (949) 644- 3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.NewportBeachCA.go CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 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 ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT.................................................................................... ............................... 22 FAITHFUL PERFORMANCE BOND ................................................ .............................29 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 1a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 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 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashiers 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- 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 3 money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 3 �-/-i iq q- & �1 Contractor's License No. & Classification LJ Bidder Au�tl brized Signature/Title q -3- 2O(o Date M Bond No 70991174 Cl rY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4,599 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of amount bid Dollars ($ 1 0Y6 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the constructiorl of LIFEGUARD HEADQUARTERS ROOF REPLACEMENT, Contract No. 4599 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 cf the project within thirty (30) calendar days after the date of the mailing or "Notification of Award', otherwise this obligation shall become null and void. If the undersigned Principal >_xecuting this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9th _day of September 2010. A W R, Inc, dba All Weather Roofing Name of Contractor (Principal) Western Surety Company Name of Surety 101 S Phillips Ave Sioux Falls SD 57192 Address of Surety 800 331 -6053 Telephone Authorized Agent Signature Blake A Pfister, Attorney in Fact Print Name and Title (Notary acknowledgment of both Principal & Surety must be attached) 5 ACKNOWLEDGMENT ................................................ ............................... State of California County of Sr,, ss. On q— 4-zoliy before Public, personally appeared �: epAl Notary °r�5 az f n ti .{ who prove to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigr ure r.a — �- +:4aosvw - y �^t NOTAA PUBLe - CH r0F ! \ j SAN 6EFi IAPCINO COUNT! n4 My Comm. Expires Nov. 12,20il ,' (seal) ................................................. ............................... OPTIONAL INFORMATION Date of Document Type or Tide of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer Thumbprint of Signer 70 Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 0 Check here if no thumbprint or fingerprint is available. Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70991174 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint SLAKE A. PFISTER its true and lawful attorney(s) -fn -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: A W R, Inc. dba All Weather Roofing Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -m -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains m full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who sball have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 9 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cods$ to be affixed this 9th day of September 2010 WEST R SURE COMPANY �T Paul T. Bruftat^enior Vice President ST r L "A CO as On this 9th day of September , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s 'ds co AP 0. }KrrrM REL K rrMrrhr } D. RELL ` NOfAFh' P NYM UC .., is g� 'Notary Public - South Dakota Nrrrrrgrrrrrrrrrrgrrr } My Commission Ebores November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full fame and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set acv hand and seat of Western Surety Company this 9th day of September 2010 WEST R SUREV COMPANY Paul T. Bruflat^enior Vice President Farm F5306- &2006 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 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 % or Number Total Bid Name: {bSUiv�� Otazr�ctic f { Address: 14ee, f !1l �i Z deb Phone: '7 State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: AW 9, Tn __ Bidder Authorized Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name 1471- I^. / -J:-,\ 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 6A Pr,-- k 6 Project Description Ie� 1, 00-�- fke, Approximate Construction Dates: From $1(61z,)1 f, To: a /[ /ZO10 ( ( aeq-- Agency Name ff ®t� Contact Person C� r6 j L4 X 5 Telephone 6�) u(—$1 46-- ^l� Original Contract Amount $T SCE Final Contract Amount $ �t If final amount is different from original, please explain (change orders,,extra work, etc.) 4. G Did you file any claims against th@ Agency? [did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. E No.2 ( t Project Name /Number Project Description f9J'05�0- (are 'Fovy ufk Approximate Construction w,A SAl�(el yL , eS % , •enoe� 2 -��(c� Dates: From-.-! '21'6k2-.�rc/' To: Li �z,i(2 Agency Name y o-r'- R � c0 to Contact Person 1�1\ �24eji t "�f Telephone adq )`b'R -d ( J Original Contract Amount $ 160 &00 Final Contract Amount $ I14 �Sd If final amount is different from original, please explain (change orders, extra work, etc.) M 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. h r, No. 3 Project Name /Number Project Description �� a Approximate Construction Dates: From C✓� (L-01 To: 6_f�.p� Agency Name M try �� ��6 Contact Person Telephone (] ) 72 ,�-- Original Contract Amount $Final Contract Amount $ t9 N__ _ Z7CJ • 0 If final amount is differenA 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 Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name 11 Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 12 Au orized Signature/Title Resume Project Manager Jeremy Roberts AWR Inc. 229 N Loma Place Upland, CA 91786 Jeremy Roberts has a B.S. in Management Science from the University of California San Diego. Jeremy has worked in the roofing for over 7 years. During his last three years he has overseen many projects for AWR Inc. Most recently he oversaw the roofing project at the Robinson Park Gym for the city of Pasadena. Jeremy also oversaw the roofing at the Redlands community Hospital for Hamilton Construction. AWR Inc. has completed two projects for the city of Rialto which were valued at over $100,000 each and Jeremy oversaw both of these projects for our company. AWR Inc. completed to projects for the State of California Dept of corrections in 2008 and the combined value of the projects was greater than $225,000. Jeremy oversaw the project and handled all of the issues with working in a prison. As project Manager Jeremy has plenty of experience working with large public works projects. He has been successful at completing projects on time without complications. Everyone Jeremy has worked with has been very happy with our company. Foreman Armando Lomeli AWR Inc. 229 N Loma Place Upland, CA 91786 Armando Lomeli has worked for AWR Inc. for over 10 years. Together with his crew he has installed all the roofs on the public works projects AWR Inc. has installed in the last 3 years. Most recently Armando installed 75 squares of built up roofing at the Robinson Park Gym in Pasadena. He installed built up roofing, shingles and PVC for the city facilities roofing projects for the city of Rialto. He installed around 450 squares of built up roofing at the Herman Stark Youth Facility for the department of corrections in Chino. He installed around 250 squares of built up roofing for the city of Barstow on the Al Vigil Swim Center. As an experienced foreman Armando understands the importance of quality and he focuses on small details on every project to give the customer the best possible roof. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 NON - COLLUSION AFFIDAVIT State of California ) ss. County of &.- %er11 being first duly sworn, deposes and says that he or she is uF�•`�z f of 14" Zn , the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, ani 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 divuiged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Statejpf California that the foregoing is true and correct. Bidder Authori ed Signature/Title Subscribed and sworn to (or affirmed) before me on this — C-L day of 5el� 2010 by personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JERE'fAY ROBERTS Not PAC 07 COMM. #1770855 It [SEAL] NOTARY PUBLIC CALIFORNIA U SAN BERNARDINO COUNTY m td,v. 12 2011 My Commission Expires: 0 t 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 DESIGNATION OF SURETIES Bidders name ALVk T-,-\L 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): ^kP� �til l�un' r nnnec { A^ Qa<"I f. fk}- '?'6z' -I : R � hr .i . /P4'. ®_ 4 2 s! CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Ala in L Record Last Five (5) Full Years Current Year of Record �(J� � ri we 'kCer -t,41 oc i ne inrormauon required for tnese 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 Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts A 1� /� N _ VIA VIA N Total dollar Amount of Contracts 50c 0 V _! 1013 C � `��� �3yS r-�%� J� (in Thousands of $ No. of fatalities 0 C) No. of lost Workday Cases C) G No. of lost workday cases involving Q permanent transfer to another job or termination of employment �(J� � ri we 'kCer -t,41 oc i ne inrormauon required for tnese 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: Business Tel. No.: o(i,� — c��r _ y�cr� - -� State Contractor's License No. and Classification:�GI�b�S ( 7zcf Title pr- The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 3'- ? G''. C3 ri 4 d ZC',n If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. [NOTARY ACKNOWLEDGMENT MUST BE ATTACHEDI 16 ACKNOWLEDGMENT ................................................ .............................., State of California County of s, � k i )SS. On 0-3 2(Ur Public, personauhi before me, -------- exi-�' S , Notary Proved to me on the basis of satisfactory evidence to be the subscribed / the within instrument and acknowledged to me that he /she /they executed othe same in his /her /their authorized ca acit 1es Person(s) whose name(s) is /are instrument the persons P y( ), and that by his /her /their signatures(s) on,the instrument. () or the entity upon behalf of which the Person(s) 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. WITNESS-my handal seal. �.. F; JE �filvrgO6ERT'S CO ., COMM. #1779655 0` S nat NOTARY PUBLIC - CALIFORNIA U SAN B[RNARDINO COUNTY m W. My Comm. Fxplres Nov. 12, 2011 ............. (seal) .................. ............................... OPT IONAL 1NFORMAT/ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _____ Personally Known with Paper Identification __ Paper Identification __ Credible Witness(es) Capacity of Signer: -- Trustee Power of Attorney —_ CEO /CFO /COO —_ President / Vice - President __ Other /Secretary /Treasurer Other Informer+ Thumbprint of Signer u Check here if no thumbprint or fingerprint is available. i a rfr�y i ACKNOWLEDGMENT .................. ............................... 80............................ State of California County of 13z ss. On Public, pera?�1 before me, /. Y ppeared 1 Notary Proved to me t the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that he /she /they executed ed the same in his /her /their authorized capacity(ies , Person(s) whose name(s) is /are instrument the persons ) and that by his /her /their signatures(s) on,the instrument. Person( s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and offjcial seal. C S atur p ILr €�V ROBERTS connNn. u1779655 �r NOTARY PUBLIC, CALIFORNIA U SAN RERNARDINO COUNTY ip NYCnmrr' E 4 .............. ............... (seal) xpires Nov. 12, 2o11 . a ..... .rM . .............0400.............. OPTION ' " " "" AL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification __ Paper Identification __ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney __ CEO / CFO / COO President/ Vice - President/ Secretary / Treasurer Other: Other Information: Thumbprint of Signer U Check here if no thumbprint or fingerprint is available. 11051111, i x y�i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 ACKNOWLEDGEMENT OF ADDENDA Bidders name Abtl(Z � 4 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 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: AL,/ j' T,,c. Business Telephone and Fax Number: W1 j -73(7 )T California State Contractor's License No. and Class: 3Sg4q S- r 31 (REQUIRED AT TIME OF AWARD) s,,ry Original Date Issued: Expiration Date: `031/2,0 t —L 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: Jere-l-h y R��crrsa 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 5 F he, go/z4_4 fi UP �a Corporation organized under the laws of the State of L6� 'E) Ill Telephone 4i -6YfZJ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: tV d A— 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; NIA- Briefly summarize the parties' claims and defenses; L i�C Have you ever had a contract terminated by the owner /agency? If so, explain. htfa Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes /(9 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. SPPod (Print name of Owner or President of Corporation /Company) Bidder Authorized Signature/Title r^c'e�4e�4 Title '(,- 3., Zoto Date On Se &r b,(, , before me, /C�'c.y �®be,, t 5 , Notary Public, personally appeare who proved to me on the basis of satisfactor evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ise (SEAL) No y Pub' in and for said State My Commission Expires: Vpy lZ 2Qtl 20 JEREdvtY RORENTS COMM. #1779655 d' NOTARY PUBLIC - CALIFORNIA U A SAN BERNARDINO COUNTY 1A My Comm. Expires Nov. 12, 2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 THIS CONTRACT entered into this day of , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and AWR, Inc., a California corporation doing business as All Weather Roofing, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: LIFEGUARD HEADQUARTERS ROOF REPLACEMENT The work necessary for the majority completion of this contract consists of (1) distributing construction notices to nearby residents, (2) removing asbestos mastic using a state certified asbestos removal contractor, (3) removing and disposing of existing roofing, (4) repairing water damaged framing and roof structures, (5) making existing flat roof water tight, (6) modifying existing flat roof and /or scuppers to eliminate water ponding, (7) installing fiberglass composite roof, (8) water test new roof, and (9) completing other incidental items in place as required by the Plans and Specifications. 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. 4599, 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 W-A 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 Contractor accepts as full payment the sum of Thirty -Six Thousand, Three Hundred Fifty and 001100 Dollars ($36,500.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 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: Fong Tse (949)644-3321 CONTRACTOR AWR, Inc., dba All Weather Roofing 229 N. Loma Place Upland, CA 92766 909 - 981 -6498 909 - 981 -7363 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or 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. 1. Coverage and Limit Requirements. 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 23 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' 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. 24 b. General liability insurance provisions Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 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. Contractors 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. 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. f. 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. 25 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 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. 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. 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. 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 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 26 or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 27 WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation .z By: Leilani I. Brown i Keith D. Curry CITY CLERK Mayor CA C-1 APPROVED AS TO FORM: AWR INC., DBA ALL WEATHER ROOFING O—yw— 01101W By: -�,,- Leonie Mulvihill (Corpora Officer) Assistant City Attorney Title: �`r� ��c�e.•-�'f �,-, Print Name:G By (Financial Officer) Title: �� ?�- "-- P r i n t --Print Name: I�o�3er�S Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. UQ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 BOND NO. 71004012 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,091-00 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 AWR, Inc., dba All Weather Roofing, hereinafter designated as the "Principal ", a contract for construction of LIFEGUARD HEADQUARTERS ROOF REPLACEMENT, Contract No. 4599 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. 4599 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty -Six Thousand, Three Hundred Fifty and 00/100 Dollars ($36,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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 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 duly executed by the Principal and Surety above named, on the 29thJay of September . 2010. WESTERN SURETY COMPANY Name of Surety 333 S. Wabash Ave., 41st Floor Chicago. TL 60604 Address of Surety 605 - 336 -0850 Telephone > AU'rhodidd Signature/Title �1 y� r — _ y Authorized Agent Signature L. Davis. Asst, See. Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED STATE OF SOUTH DAKOTA County of Minnehaha SS On this 29th ACKNOWLEDGMENT OF SURETY (Corporate Officer) day of September 2010 , before me, a Notary Public in and for said County, personally appeared L. Davis, Ass't. See. personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my offlc'al seal the day and year last above written. My commission expires J. HEGGEN My Commjssion Expires 622 -2013 Notary Public Farm 103 -12 -98 ACKNOWLEDGMENT State of California. Iss. County of San Bernardino } On November 3rd.2010 , before me, Jeremy Roberts Notary Public , personally appeared Stephen G. Roberts , who proved to me on the basis of satisfactory evidence to be the person whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the States of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .1'TRE..'T1'/ ROBERTS C7 ccf . #1779 ^055 NOTARY PUBLIC - CALIFORNIA U P SAN BERNARDINO COUNTY eQ My Comm. Expires Nov. 12, 2011 ignature of Notary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 BOND NO. 71004012 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to AWR, Inc., dba All Weather Roofing, hereinafter designated as the "Principal," a contract for construction of LIFEGUARD HEADQUARTERS ROOF REPLACEMENT, Contract No. 4599 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. 4599 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, WESTERN SURETY 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 Thirty-Six Thousand, Three Hundred Fifty and 00 /100 Dollars ($36,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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, 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 29th day of September , 2010. AWR, INC. DBA ALL WEATHER ROOFING By (Principal) Authorized Signature/Title WESTERN SURETY COMPANY Name of Surety 333 S. Wabash Ave., 41st Floor Chicago, IL 60604 Address of Surety 605- 336 -0850 Telephone r� 3� Authorized Agent Signature L. Davis, Asc'L SAC. Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT State of California. }55. County of San Bernardino D- On November 3rd,2010 , before me, Jeremy Roberts Notary Public , personally appeared Stephen G. Roberts , who proved to me on the basis of satisfactory evidence to be the person whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the States of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �.x JERE Y M R0 BERT S GOW 01779655 NP NOTARY RUBUC - CALIFORNIA U 'p SAN BE_-RNARDINO COUNTY d My Cemm. Expl;es Nov. 12, 2011 Signature of Notary Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71004012 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company'), does by these presents make, constitute and appoint L . Dairi s its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: A W R, Inc. dba All Weather Roofing Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 1 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, andrtgt§,,gAporate seal to be affixed this 29th day of September 2010 'KPysd WES R SURE AY COMPANY �ap 1111, P Paul T. BruflatAenior Vice President . .�q.�__T�A 1`Y8 e n ax&HA Ss On this 29th day of September , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of p/ s id corporation. X444444444444444444+ D. KR i D. KRELL r SEAL NOTARY PUBLIC SEAL i Rotary Public - South Dakota e�SOUTH DAKOTA�r ♦44444444444444444444445+ My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 29th day of September 2010 WES SURE Y COMPANY Paul T. Bruflat enior Vice President Form F5306 -9 -2006 CERTIFICATE OF LIABILITY INSURANCE OPID VM V `� ALLWE -3 09/22iiG PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Silverstone Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Jetton & Assoc Ins Svs Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1200 (Lic #0004829) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY (MMIDDATI DATEEXPI EXPIRATION LIMITS Rancho Cucamonga, CA 91729 -1200 Phone: 909- 980 -4211 Fax: 909- 980 -4785 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Gemini Insurance Co. 10833 INSURER B: state Compensation Ins Fund A INSURER C: VFGP001043 A W R, Inc. 229 North Loma Place Upland CA 91786 INSURER O: PREMISES (Eaocwrence) - - - - -- NSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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. KsR LTR am NSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE YEFFE EFFECTIVE POLICY (MMIDDATI DATEEXPI EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY VFGP001043 06/16/10 06/16/11 PREMISES (Eaocwrence) $50,000 CLAIMS MADE OX MED EXP (Any one person) $5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $2,000,000 POLICY X PRO LOC JEGT AUTOMOBILE LIABILITY ANY AUTO NO COVERAGE HEREUNDER COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS REVISED SUPERC DES PRI R PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY �g DATED AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANYAUTO $ AUTO ONLY: AGO EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE NO COVERAGE HEREUNDER AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER /MEMBER EXCLUDED? EWEXCCUTIVFj� L L-1 238 - 6355 -09 01/01/10 01/01/11 X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1 , 000 , 000 (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below SEE SCIF CERT MR RUSTS E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER NO COVERAGE HEREUNDER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Day Notice for Non Payment of Premium Re: Lifeguard Headquarters Roof Replacement - Contract No. 4599 Certificate Holder is additional insured per the attached CG2010 1001 & CG2037 1001 with primary wording per the attached VE03581108 PR /NC. WC WOS attached w /SCIF Certificate * *SEE HOLDER NOTES FOR COMPLETE ADDITIONAL INSURED WORDING ctK I MICA It HOLUtK CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CI —NEWP DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00$0 SHALL Public Works Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Fong Tse REPRESENTATIVES. 3300 Newport Blvd. ARE RIZE EP E NTATIVE Newport Beach CA 92658 7ZPdErE V The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. * *The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by contractor. Policy Number: VFGP001043 Insured Name: A W R Inc Number: VE 03 58 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYAONCONTRIB UTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART If you are required by a written contract to provide primary insurance then this policy shall be primary and non - contributory and condition 4, Other Insurance, as shown under Section IV on form CG 00 01 12 07, does not apply but only with respect to coverage provided by this policy for the additional named insured in the schedule. VE 03 58 0108 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 POLICY NUMBER: VFGP001043 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THIS ENDORSEMENT IS SPECIFIC TO COMMERCIAL PROJECTSWONTRACTS DESCRIBED IN THE CERTIFICATE TO WHICH IT IS ATTACHED. RE: BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per - formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed, or (2) That portion or "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 OISO Properties, Inc., 2000 Page 1 of 1 ❑ POLICY NUMBER: VFGP001043 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or THIS ENDORSEMENT IS SPECIFIC TO COMMERCIAL PROJECTS /CONTRACTS DESCRIBED IN THE CERTIFICATE TO WHICH IT IS ATTACHED. of Completed Operations: RE: BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. Additional Premium: INCLUDED (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 insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations haz- ard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 ❑ CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09 -13 -2010 CITY OF NEWPORT BEACH- PUBLIC WORKS DEPT ATTN: FONG TSE PO BOX 1768 NEWPORT BEACH CA 92658 -8915 GROUP: 000238 POLICY NUMBER: 0008355 -2009 CERTIFICATE ID: 127 CERTIFICATE EXPIRES: 01 -01 -2011 01 -01- 2010/01 -01 -2011 Sd UOB:LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 NEWPORT BEACH CA 92658 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. thorized Representative Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2010 -09 -13 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH- PUBLIC WORKS DEPT EMPLOYER A W R INC. 229 N LOMA PL UPLAND CA 91786 (REV.1 -2010) Si [B11,SJ] PRINTED : 09 -13 -2010 Sd Business Search - Business Entities - Business Programs Page 1 of I Business Entity Detail Data is updated weekly and is current as of Friday, October 08, 2010. It is not a complete or certified record of the entity. (Entity Name: AWR, INC. 'Entity Number: C2524086 Date Filed: 09/09/2003 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 229 N LOMA PL Entity City, State, Zip: UPLAND CA 91786 Agent for Service of Process: STEPHEN G ROBERTS Agent Address: 229 N LOMA PL Agent City, State, Zip: UPLAND CA 91786 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 . for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name. Availability. • For information on ordering certificates, copies of documents and /or status reports or to request a more extensive search, refer to information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Field Descriptions and Status_ Definitions. http : //kepler.sos.ca.gov /cbs.aspx 10/13/2010 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 0 912 4/201 0 Dept. /Contact Received From:. Shari Rooks Date Completed: 09/27/2010 Sent to: Shari Rooks By: Kristin Walters Company /Person required to have certificate: I. GENERAL LIABILITY AWR, Inc.(All Weather Roofing Co.) A. INSURANCE COMPANY: Gemini Insurance Co B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must nclude): Is it included? (completed Operations status does not apply to Waste Haulers) N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ 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 N No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance Corp. B. AM BEST RATING (A-: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? —$1- ,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A -: VII or greater): n/a C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Insurance Carrier is non - admitted SCIF Certificate is not at Approved: Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ❑ Yes ® No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 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. 4599 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 @ -F 'v'e- %)&60-Dollars and Cents $ t o Per Lump Sum Lump Sum Asbestos Removal @ 16ee- Vov�-,&Ilars and $ 2 J Do j Cents Per Lump Sum Lump Sum Demolition of Roof and Underlayment Dollars and Cents $ 3,, o C> Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,200 SF Remove and Replace Damaged Materials @ 7%,r (5C— Dollars and W lei 7 E. a $ 3 Per Square Foot Lump Sum Build Up Existing Flat Roof For Drainage @ThteG TAOu9i i Dollars and Cents Per Lump Sum 1,500 SF New Flat Roof and Underlayment @ Dollars and / Cents $ $ b aQc) Per Square Foot —�- 1,000 SF New Vertical Roof And Underlayment @ Fi've, Dollars and ddc) Cents $ � $ Per Square Foot 450 SF Replace Existing Shingle Roof Ridge Caps @_ 4e 1) Dollars and Cents $ 10 $C) Per Linear Foot 300 SF Replace Missing or Damaged Roof Shingles @ Ian Dollars and Cents $ 10 $ 3,60d. Per Square Foot PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum One Hour Water Test @Two Hundred Fifty Dollars and Zero Cents Per Stipulated Price TOTAL PRICE IN WRITTEN WORDS `x T and Cents H $ 250.00 lars $ 3, �5 y Total Price (Figures) The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City, during construction, may or may not elect to construct the additive bid item through a Change Order. Al 550 SF Replace Rock -On -Tar Roof @ 19 Dollars and Cents Per Square Foot 9- 3 - za L 0 4I ,j P, 1, Date Bidder Bidder's Telephone and Fax Numbers Bidd is Authorized Signature and Title Bidder's License No(s). and Classification(s) Z.ZGi N Bidder's Address Bidder's email address: .P„r;70,n Ile PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 2 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 3 6.9 LIQUIDATED DAMAGES 4 6 -11 EARLY COMPLETION INCENTIVE 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -5 PERMITS 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -8.8 Cleanliness 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 215 ROOFING MATERIALS 9 215 -1 Underlayment 9 215 -2 Shingle Hip and Ridge Caps 9 215 -3 Finish Layer Roofing Material 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 SECTION 313 ASBESTOS REMOVAL 10 313 -1 GENERAL 10 SECTION 314 ROOFING INSTALLATION 10 314 -1 GENERAL 10 ASBESTOS SURVEY /REPORT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS LIFEGUARD HEADQUARTERS ROOF REPLACEMENT CONTRACT NO. 4599 INTRODUCTION SP 1 OF 10 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Exhibits; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) California Building Code, 2007 Edition, (6) City of Newport Building Permit, and (7) SCAQMD Asbestos Abatement Requirements. 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 majority completion of this contract consists of (1) distributing construction notices to nearby residents, (2) removing asbestos mastic using a state certified asbestos removal contractor, (3) removing and disposing of existing roofing, (4) repairing water damaged framing and roof structures, (5) making existing flat roof water tight, (6) modifying existing flat roof and /or scuppers to eliminate water ponding, (7) installing fiberglass composite roof, (8) water test new roof, and (9) completing other incidental items in place as required by the Plans and Specifications." SP2OF10 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 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 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." SP3OF10 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within fifteen (15) consecutive working days after the date on the Notice To Proceed. The Notice To Proceed will be issued with the first day of work as November 8, 2010. The last day of work on this contract will be November 30, 2010. The Contractor is therefore strongly advised to make sure of its ability to compiv with the contract insurance requirements for timely contract execution The "Contract Clock" will start on November 8. 2010 even if the contract has not been executed and the pre- construction meeting has not been held. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (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 0, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 4th November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 AM to 4:00 PM Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 PM to 6:30 PM on weekdays or 8:00 AM to 6 PM 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. Said inspection cost may be waived by the Engineer if and only if the Contractor has progressed on the work satisfactorily and in a meaningful manner. SP4OF10 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,000.00, for each calendar day beyond the November 30, 2010 stipulated completion date. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. 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 -5 PERMITS. The Contractor shall arrange to have a City Building Department Roofing Permit issued for this project. The City Building Permit fee and associated inspection fees will be waived. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 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 SP5OF10 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. 7 -8.8 Cleanliness. The worksite shall be clean and free of debris at the end of each work day. 7 -10 PUBLIC CONVENIENCE AND SAFETY 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 -10.4 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." SP6OF10 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 within 500 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. 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 "B" or "C39" California State Contractor License. Asbestos removal shall be completed by a State Certified Asbestos Abatement Contractor. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be SP7OF10 up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As- Built' drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and submit same to the Engineer at project completion. Failure to submit said documents will prevent the retention payment from being released to the Contractor. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing; delivering all required notification to residents, posting signs; establishing construction storage location; preparing the BMP Plan and construction schedule; temporary construction fencing surrounding areas that are subject to falling construction debris, and all other related work as required by the Contract Documents. Item No. 2 Asbestos Removal: Work under this item shall include removing and disposing of roof mastic by a State Certified Asbestos Abatement Contractor following SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting the removal and its completion shall be provided to the City under this payment item. Item No. 3 Demolition of Roof and Underlayment: Work under this item shall include removing and disposing of existing flat roof, vertical roof, underlayment, flashing, staples, nails, and all other items as required for the exposed surface to receive new roofing and to complete the work in place. The existing attached communications equipment will be removed by others. Item No. 4 Remove and Replace Damaged Materials: Work under this item shall include removing and replacing damaged plywood decking, wooden boards and sheets, SP8OF10 and all other work items with in -kind or better quality replacement materials as required to complete the work in place to receive the new roofing. Item No. 5 Build Up Existing Flat Roof For Drainage: Work under this item shall include all material, equipment, and labor necessary to design and construct the flat roof modifications needed for the runoff to have unimpeded positive flow toward the existing roof top area drains. Many of the existing rooftop area drains will need to be reset and lowered into the roof deck. The modifications must be able to support normal personnel usage of the roof deck. The Contractor's retrofit design shall be approved by the Engineer before any construction work can begin. Item No. 6 New Flat Roof and Underlayment: Work under this item shall include all material, equipment, and labor to furnish and install all necessary replacement curbs and cants, 30 pound underlayment, 20 -year or better commercial grade roofing material, roofing mastic, flashing, and other work items required to complete work in place. A receipt and warranty Certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. Item No. 7 New Vertical Roof and Underlayment: Work under this item shall include all material, equipment, and labor to furnish and install all necessary replacement curbs and cants, 30 pound underlayment, 20 -year or better commercial grade roofing, roofing mastic, flashing, and other work items required to complete work in place. A receipt and warranty Certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. Re -seal the new roof penetrations after the communications equipment have been re- attached to maintain warranty coverage. Item No. 8 Replace Existing Shingle Roof Ridge Caps: Work under this item shall include all labor, material and equipment necessary to replace all existing shingle roof ridge caps. The new ridge caps shall be rated for 20 years of service. The existing spike strips attached atop the ridge caps. This work includes replacing the existing ridge caps at the City's Harbor Resources Division office and apartment units located at 829 Harbor Island Drive. The cost to replace and secure all loose, damaged, and missing fasteners, flashing, and metal components so as to make the structures water- tight shall be made a part of the price bid. Item No. 9 Replace Missing or Damaged Roof Shingles: Work under this item shall include all labor, material and equipment necessary to replace all missing, loose, and damaged shingles at both the Lifeguard Headquarters and the Harbor Resources Division office and apartment units located at 829 Harbor Island Drive. The cost to replace and secure all loose, damaged, and missing fasteners, flashing, and metal components so as to make the structures water -tight shall be made a part of the price bid. Item No. 10 One Hour Water Test: Work under this item shall include all labor and equipment necessary to water test the new shingle roof and flat roof retrofit for water SP9OF10 tightness and drainage for a duration not less than one hour. All deficient items identified by the water test shall be repaired prior to work acceptance. Water to be used for the test will be provided by the City. Additive Item No. Al Replace Rock -on -Tar Roof: Work under this item shall include all labor and equipment necessary to remove the existing and install a new hot - applied 20 -year rock -on -tar roof, remove existing and install new flashing, and complete other items of work to complete the work in place. No exposed rock will be allowed after the rock has been placed. A receipt and warranty Certificate stating the City as the owner entitled to warranty coverage shall be provided under this payment item. 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. The release of retention payment on the roofing work shall be made only after the roofing systems have been proven "water tight' after one rain season and no earlier than April 30, 2011." PART 2 CONSTRUCTION MATERIALS SECTION 215 - -- ROOFING MATERIALS 215 -1 Underlayment. After decking has been inspected, a minimum 30 pounds per square felt paper layer of roofing underlayment shall be placed in accordance with manufacture instructions and 2007 Uniform Building Code. 215 -2 Shingle Hip and Ridge Caps. Shingle ridge caps shall be of the commercial grade, 20 -year, "Class A" fiberglass composite self - sealing type installed in accordance with manufacture instructions and 2007 Uniform Building Code. 215 -3 Finish Layer Roofing Material. The finish layer roofing material shall be a commercial grade, 20 -year, "Class A" roofing material installed in accordance with manufacture instructions and 2007 Uniform Building Code. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 10 OF 10 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/ newoortbeachca .aov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." SECTION 313 - -- ASBESTOS REMOVAL 313 -1 General. Asbestos survey prepared by Envirocheck, Inc. dated November 4, 2008 indicates the presence of Asbestos Containing Material (ACM) in excess of one percent (1 %). The roof mastic shall be removed by a State Certified Asbestos Abatement Contractor. The licensed contractor shall follow SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting removal shall be provided to the City. SECTION 314 - -- ROOFING INSTALLATION 314 -1 General. Staples shall not be used. ASBESTOS SUREY /REPORT May 27, 2010 Ms. Cheryl Anderson Sr. Human Resources Analyst City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ms. Anderson: HBI Western Region 25381 Commercentre Drive Suite 150 Lake Forest, CA 92630 Tel: (949) 450 -1111 Fax: (949) 450 -1120 Email: hbiwest @healthybuildings.com Web Site: www.healthybuildings.com IAQ Consulting Excellence Since 1980 Focused Mold/Moisture Damage Inspection and Asbestos Survey City of Newport Beach Lifeguard Headquarters Healthy Buildings International (HBI) was asked to conduct a mold/moisture damage inspection and an asbestos survey in the City of Newport Beach Lifeguard Headquarters building located at 70 Newport Pier in Newport Beach, CA. The inspection and survey intended to identify areas of the building recently and historically impacted by water intrusion. Our goals were to identify building materials damaged by recent rain water intrusion, determine if any of the materials contained asbestos fibers and provide recommendations as to the remediation/abatement of building materials if necessary. Our inspection/survey was performed on April 26`h, 2010. • walk through investigation of the building interior, exterior and rooftop was performed during our visit. • review of the building envelope including the window systems, above ceiling components, exterior doors and roof penetrations was performed to assess any moisture intrusion that may have occurred into the building's interior. HBI utilizes a methodology of identifying moisture damage within a building's interior which consists of a visual inspection of building materials for evidence of water staining or suspect growth. HBI performs an examination of building materials using a thermal infrared camera, capable of identifying wetted surfaces that may otherwise be invisible to the naked eye. Thermal imaging is a process of mapping the differences in infrared radiation emitted by the surfaces due to the differences in such emissions between wet and dry materials. This information can be invaluable towards assessing plumbing and building envelope water leakage, building material moisture levels, and post water damage restoration quality through accurate and noninvasive means. HBI performs moisture level testing of wall materials coupled with thermal imaging as a means of identifying porous substrates with the greatest saturation index. This methodology allows for the interpretation and classification to the degree of damage, which helps guide HBI to make the most appropriate recommendations with respect to the best course of remediation. Schedule Ccan arils iIWZVSK qq Integrated Consutting Senices to .1 the requ cements of the U.S. Green 9ultding Gbun<il'z EEED4^' mUng system WASHINGTON ® NEW YORK 4 LOS ANGELES ® SYDNEY < LONDON a DUBLIN w BELFAST Ms. Cheryl Anderson City of Newport Beach May 27, 2010 Page 2 of 4 HeaBhyBuildings International An asbestos survey was performed in conjunction with the moisture damage inspection. The asbestos survey included the collection of bulk samples of the impacted building materials in order to identify and classify the items as asbestos or non - asbestos containing. The identification of asbestos in building materials is routinely performed by Polarized Light Microscopy (PLM) analysis performed within a laboratory. The analysis is based on optical mineralogy and uses a phase contrast microscope equipped with polarizing filters. Identification of asbestos is based on the determination of optical properties displayed when the sample is treated with various dispersion staining liquids. Identification is further substantiated by fiber morphology and the effect of polarized light on the fibers. The presence, amount and type of asbestos fibers can be identified using this technique. Mold /Moisture Damage Inspection A visual screening of the building was made for stains, discoloration or visible mold growths on surfaces and areas of apparent dampness throughout the interior of the building. Where appropriate, moisture levels were determined in wall materials and compared with suggested standards using Delmhorst Moisture Meters. In representative rooms, in and around the suspect area, surfaces temperatures of walls, floors and ceiling were determined with a thermal imaging camera to determine the coldest surfaces in those rooms. The coldest surface is considered to be the "first condensing surface" within the room. Thus on days of elevated humidity, these are the surfaces where moisture is liable to condense. If these surfaces are essentially clean and free of mold growth, other surfaces within the room are less likely to have mold growth. Though not a foolproof test, freedom of contamination on these "first condensing surfaces" is a reasonable indicator that other surfaces will be free of mold. Alternatively, they may remain damp and require further drying. ❑ Moisture damage was noted in several locations throughout the building on wallboard surfaces. No visible mold was identified on any of these surfaces. These locations included: - 2F Conference Room - 2F Training Chief's Office - 2F Chief's Office - 2F EMS Manager's Office - 2F Hallway / Stairwell - IF Captain's Office - IF Squad Room - IF Men's Locker Room ❑ Moisture levels of the porous wallboard materials were found to be elevated in one location: I" Floor Captain's Office. The wallboard on the west facing wall contained a moisture content of up to 21.5 %. This occurrence may be the result of the proximity of this location to the prevailing wind and surf. Bulk asbestos samples were collected during the inspection. Asbestos Survey Bulk samples of the water damaged materials were collected during our survey. The building materials included the wallboard materials (drywall and joint compound), mastics and roofing materials. The samples were submitted to an accredited laboratory for testing and analyzed by EPA Method 600/R -93- 116 (Polarized Light Microscopy). ❑ The samples yielded results that were positive for asbestos containing building materials. A summary of the results are presented in the following table: 1004042Cb Ms. Cheryl Anderson City of Newport Beach May 27, 2010 Page 3 of 4 Environmental Assessment Disclaimer HealthyBuildingy International The investigation for contaminants including molds has been carried out in a professional manner by trained inspectors with extensive experience. The procedures used by HBI meet or exceed all current local, state or federal guidelines. During the course of this survey, every attempt was made to inspect areas of the building that were accessible and precluded any significant damage to the building materials. The presence of contaminants, including molds is therefore reported to the best of our ability. We accept no liability for omissions if complaints subsequently arise in areas of the building not inspected. Furthermore, in the areas that we do inspect we can only describe conditions representative of those on the days of our inspection. Subsequent changes in indoor activities, temperatures, relative humidities, water leaks etc. may well create conditions more conducive to microbe growth, including molds, than those prevailing on the days of our inspection. The survey of asbestos containing building materials was carried out by experienced, licensed and /or certified personnel. However, the extent of the survey was bound by the limits of sampling in a limited area dictated by the areas impacted by water intrusion Areas that were not designated for renovation or that could not be accessed during the inspection must be presumed to be asbestos containing until sampled. The presence of asbestos containing materials will, therefore, be reported to the best of our ability within the constraints of these limitations. Conclusions and Recommendations HBI conducted a mold/moisture damage inspection and asbestos survey of the City of Newport Beach Lifeguard Headquarters building on April 26`s, 2010. The intent of the survey was to identify water damaged building materials, to assess the current condition of the materials with regard to microbial growth and to perform an asbestos survey prior to any remediation work that may be necessitated. During our inspection, no staining that could have been mold growths were identified on any of the building materials observed. However, an asbestos survey of the water damaged materials yielded results that tested positive for Chrysotile asbestos. Given the age of the building and the separate stages of construction (building additions /improvements), a very detailed abatement plan will need to be discussed with your abatement contractor prior to the commencement of any removal of materials to facilitate a renovation. Removal of asbestos containing building materials shall be conducted by a licensed asbestos abatement contractor with the State of California. If you elect to abate the damaged building materials, HBI will work with your selected contractor to identify the asbestos containing materials and create a work plan per current federal, state and local regulations. 1004042Cb Ms. Cheryl Anderson City of Newport Beach May 27, 2010 Page 4 of 4 Certification State of California: Asbestos Inspector Name: Christopher Roberts State of California Certified Asbestos Consultant #: CA 08 -4450 Expiration Date: 11/20/10 1004042Cb HeahhyBuiidings International I certify that to the best of my ability, I followed the Standards, Rules and Regulations of the State of California in the performance of this inspection and have read the final version of this report and agree with all information herein contained. Signed 05/27/2010 Date F� 6q 9 .o tic p�ACf OfN O qFC' CGRT ���� BOUCF�ARO A�'F \ ry0 t O�FA PROJECT LOCATION N LOCATION MAP NOT TO SCALE LIFEGUARD HEADQUARTERS ROOF REPLACEMENT C -4599 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 September 28, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 or ftse @newportbeachca.gov SUBJECT: LIFEGUARD HEADQUARTERS ROOF REPLACEMENT —AWARD OF CONTRACT NO 4599") ISSUE: Staff requests City Council approval to award the Lifeguard Headquarters Roof Replacement Project to All Weather Roofing. RECOMMENDATIONS: Approve the project specifications. 2. Award Contract No. 4599 to All Weather Roofing for the Total Bid Price of $36,350.00 and authorize the Mayor and the City Clerk to execute the contract. Establish an amount of $10,000.00 to cover the cost of unforeseen work. 4. Appropriate future California Emergency Management Agency (Cal EMA) grant revenues up to $47,350.00 into 2355 -489C to reimburse Fire /Lifeguards for the roof replacement costs. DISCUSSION: The Lifeguard Headquarters facility is currently protected from rain storms by a flat roof over the center portion of the building, a shingle roof over the remaining second floor, and a rock - on -tar roof over the first floor flat roof. While the existing shingle and rock -on -tar roofs continue to waterproof the building, the approximately 20 -year old flat roof has passed its service life. Said roof for a number of years has allowed storm water to penetrate through the building ceilings, forcing staff to deploy buckets and ice chests at numerous locations throughout both building floors to intercept and collect the rain water for disposal. Lifeguard Headquarters Roof Replacement Project Award of Contract No.4599 September 28, 2010 Page 2 Although this 'project is not a part of the FY10 -11 Capital Improvement Program, Fire Department and Public Works staffs moved forward with the contract documents and advertised the work for bids so that the building and staff will be protected against inclement weather. At 9:00 AM on September 9, 2010, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low All Weather Roofing $36,350.00 2 CABRAL Roofing & Weatherproofing $52,395.00* 3 Hanmi Building Services $55,850.00 4 Pacific Builders & Roofing $59,200.00 *The bid was read as $42,405.00 at bid opening The low total bid amount is approximately 34% lower than the Engineer's Estimate of $55,00.00 while the other received bids approximate the Engineer's Estimate. The low bidder, All Weather Roofing, possesses a California State Contractors License Classification "C39" as required by the project specifications. A check of All Weather's references indicates satisfactory completion of similar projects for other Southern California public agencies. This contract provides for roofing mastic asbestos abatement, making flat roof modifications for positive drainage, repairing water damaged framing and roof structures, installing a new 20 -year flat roof, replacing all existing shingle ridge caps, and making select (missing shingle) roof repairs for the Harbor Resources Division buildings on Harbor Island Drive. Pursuant to the Contract Specifications, All Weather has fifteen (15) consecutive working days to complete the work, but no later than November 30, 2010. If work completion is delayed beyond the November 30, 2010 deadline, the Contract stipulated a liquidated damages assessment in the amount $2,000 per calendar day. To ensure the building has been made water - tight, the Contract stipulated that the retention payment shall not be released until after one rain season has passed. Given that the Lifeguard Headquarters facility has experienced recurrent roof leaks for several years; the unknown extent of the sub - surface damages caused by said leaks; and staff's inability to remove the existing roofing materials to identify the scope of work required to repair said damages, staff requests City Council approval to establish an amount of $10,000.00 to cover the cost of unforeseen work. While a 10% contingency amount is sufficient for most construction projects where the scope of the work was well defined, staff feels that the uncertainties presented by this project could easily surpass the 10% threshold. Lifeguard Headquarters Roof Replacement Project Award of Contract No.4599 September 28, 2010 Page 3 ENVIRONMENTAL REVIEW AND PERMIT: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two -City prepared notices will be distributed by the Contractor to residents within the project vicinity. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. FUNDING AVAILABILITY: On January, 21, 2010, Acting Governor Edmund G. Brown Jr. proclaimed a state of emergency in Los Angeles, Orange, Riverside, San Francisco, and Siskiyou counties, due to a series of winter storms that brought high winds and significant amounts of precipitation statewide. The signed declaration makes state and local agencies, as well as certain private non- profit organizations in the declared counties, eligible to apply for state reimbursement for costs related to the implementation of emergency protective measures, debris removal, and the repair and restoration of public facilities damaged by the storms. The City of Newport Beach sustained over $400,000 in storm damage - related costs. Under current state law, the State of California covers up to 75 percent of the non - federal share for local government agencies. Local government agencies are responsible for the remaining 25 percent. The City's Emergency Services Coordinator applied for cost reimbursement for all eligible projects under this declaration, including the replacement of the Lifeguard Headquarters roof. We have received pre- authorization from the California Emergency Management Agency (Cal EMA) to replace the roof. Once the project is complete, we will submit all expenses related to the roof to Cal EMA for reimbursement to replenish the Fire - Lifeguards budget accounts used to pay for the work. Sufficient funds are available in the following account for this project: Account Description Account Number Amount Fire /Lifeguards - Repairs /Maintenance 2360 -8040 $ 31,000.00 Fire Operations - Repairs /Maintenance 2320 -8040 $ 16.350.00 Total: $ 47,350.00 Proposed uses are as follows: Vendor Purpose Amount All Weather Roofing Construction Contract $ 36,350.00 All Weather Roofing Construction Contingency $ 10,000.00 Various Construction Support, Printing and Incidentals $ 1,000.00. Total: $ 47,350.00 Lifeguard Headquarters Roof Replacement Project Award of Contract No.4599 September 28, 2010 Page 4 Fong Tse / / / Badum Principal i it Engineer / P is Works Director Attachments: Project Location Map i �z q off, r 1� 6,9 9P� MCF N O9 D E 9 soU<F�gRO ryo PROJECT LOCATION oCE,gN LOCATION MAP NOT TO SCALE LIFEGUARD HEADQUARTERS ROOF REPLACEMENT C -4599