HomeMy WebLinkAboutC-5541 - San Miguel Park Restroom and Picnic Structure ReplacementCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
September 24, 2015
Big Ben, Inc.
Attn: Sepher Sharifi
5319 University Dr. #403
Irvine, CA 92612
Subject: San Miguel Park Restroom Replacement Project - C-5541
Dear Big Ben, Inc.:
On September 23, 2014, 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 65 days after the Notice of
Completion had been recorded in accordance with applicable portions of the
Civil Code, and to release the Faithful Performance Bond one year after
Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 2, 2014, Reference No, 2014000401093. The Surety for the contract
is The Ohio Casualty Insurance Company and the bond number is 024046686.
Enclosed is the Faithful Performance Bond.
Sincerely
4xt�
Leilani I. Brown, M C
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov
Executed in Duplicate Bond Number: 024046686
Premium: $5,549.00
Premium is for contract term and is
EXHIBIT C subject to adjustment based on final
contract price
CITY OF NEWPORT BEACH
BOND NO, 024046686
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $5,549.00 , being at the
rate of $ first $100,000.00 @2.5% the thousand of the Contract price.
remaining $203,271.00 @1.5%
WHEREAS, the City of Newport Beach, State of California, has awarded to Big
Ben, Inc. hereinafter designated as the "Principal; a contract for San Miguel Park
Restroom Replacement Project in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Three Thousand Two Hundred Seventy One Dollars and 00/100
($303,271.00) 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 it 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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Big Ben, Inc. Page C-1
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the stn day of May ,2014
Big Ben, Inc. �/: errs
Name Contractor (Principal) Authoriz Si ureTtle 5 �ttti i
The Ohio Casualty Insurance Company
Name of Surety
1001 4th Avenue, Suite 1700
Seattle, WA 98154
Address of Surety
206473-3563
Telephone
'i
Aut rued Ager ig tura
Cynthia J. Young
Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BEA TTACHED
Big Ben, Inc. Page C-2
CALIFORNIA ALL-PURPOSE ACKN—AILEDGEMENT
State of California
SS.
County of San Bernardino
On May 6, 2014 before me, Pamela McCarthy. Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Cynthia J. Young
Name(s) of Signer(s)
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title
❑ Partner -- ❑ Limited ❑ General
O Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
r �j
acted, executed the instrument.
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1 certify under PENALTY OF PERJURY under the laws of
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the State of California that the foregoing paragraph is
true
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and correct.
WITNESS my hand and official seal]..
I/ ��TW-CCe� Ahe- L
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title
❑ Partner -- ❑ Limited ❑ General
O Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
8.
THIS POWER OF ATTORNEY IS NOT \ D UNLESS ITIS PRINTED ON RED BACKC UND.
This Power of Attorney limits the acts of those mmmeu ..,rein, and they have no authorityto bind the Company excep..., the manner and to the extent herein stated.
Certificate No. 6086575
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the "Companies"), pursuanito and by authority herein set forth, does hereby name, constitute
and appoint, Cynthia J. Young; Jay P. Freeman; Laurie . Druck; Pamela McCarthy -
all of the city of San Bernardino , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, reoognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this lath day of April , 2013
American Fire and Casualty Company
The Ohio Casually Insurance Company
Liberty Mutual Insurance Company
t tt
West American Insurance Company
By:
STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary
COUNTY OF KING
On this 18th day of April . 2013 , before me personally appeared Gregory W. Davenport, who acknowledgedhimself to be the Assistant Secretary of American
Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and`�yeearfirsstt�above written.
!-2JL1.
By:
KD Riley, Not Public
This Power ofAftomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions am now in full force and effect reading as follows:
ARTICLE IV – OFFICERS – Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII– Execution of Contracts–SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their
respective powers of attorney, shall have full power to bifid the Company by their signature and execution of any such instruments and to attach theretothe seal of the Company. When so
executed such instntments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation – The President of the Company, acfing pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such
attomeys-in-fad as may be necessary to ad on behalf of the Company to. make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recegnizances and
other surety obligations.
Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed. -
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full. .true and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked. `f"-- / - lU
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this (Qday of t, 20J_.
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State of California ) CALIFORNIA ALL-PURPOSE
County of Or ) CERTIFICATE OF ACKNOWLEDGMENT
On /44!�-4� 91"1" before me, rC6'0k )) 0
(here Insert name and title of th officer)
personally appeared �'eae�21 J/raJ `T'
who proved to me on the basis of satisfactory evidence to be the personXwhose namelAGare subscribed to
the within instrument and acknowledged to me that�@she/they executed the same in (9her/their
authorized capacity(, and that byt ri her/their signature(Oon the instrument the person(, or the entity
upon behalf of which the personk4 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.
SEONGJO KIM
WITNESS my hand and official seal. 'p (oMM. # 2013991 1,
MI "• NOTARY PUBLIC. CALIFORNIA N
ORANGE COUNTY
My COMM. EXP, MAR. 22, 2017 "
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document I Method of Signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Persons) or Entity(ies) Signer is Representing
Proved to me on the basis of satisfactory evidence:
LQ forms) of identification Q credible witness(es)
Notarial event is detailed in notaryjournal on:
Page It Entry fF
Notary
❑ Additional Signers) ❑ Signets) Thumbprints)
El
e t.opyngnt eum-mi i notary notary, Inc. ro box 41400, Des Maines, IA 50311-0507, All Rights Reserved, Item Number 101772. Please contact your Authorized Reseller to purchase copies of this farm.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani Brown, CMC
December 8, 2014
Big Ben, Inc.
Attn: Sepher Sharifi
5319 University Dr. #403
Irvine, CA 92612
Subject: San Miguel Park Restroom Replacement Project - C-5541
Dear Big Ben, Inc.:
On September 23, 2014 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 65 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 2, 2014, Reference No. 2014000401093. The Surety for the bond is The
Ohio Casualty Insurance Company and the bond number is 024046686. Enclosed
is the Labor & Materials Payment Bond.
Sincerely,
j�/(�
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov
Executed in Duplicate mond Number: 024046686
Premium included in charge
EXHIBIT B for Performance Bond
CITY OF NEWPORT BEACH
BOND NO. 024046686
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Big
Ben, Inc. hereinafter designated as the "Principal," a contract for San Miguel Park
Restroom Replacement Project in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the Work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
The Ohio Casualty Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Three Thousand Two Hundred Seventy One Dollars and 00/100
($303,271.00) 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 terns 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 attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 of seq. of the Civil
Code of the State of California.
Big Ben, Inc. Page B-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 6th day of May , 2014 ,
Big Ben, Inc.
Name of e6ntractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
1001 4th Avenue, Suite 1700
Seattle WA 98154
Address of Surety
206-473-3563
Telephone
7
Prro ".
Ault ized VWurefTitle
/
AutiArized Age Si ature
Cynthia J. Young
Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Big Ben, Inc. Page B-2
CALIFORNIA ALL-PURPOSE ACKN. WLEDGEMENT
State of California
ss.
County of San Bernardino
On May 6, 2014 before me, Pamela McCarthy. Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Cynthia J. Young
Name(s) of Signers)
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's
❑ Individual
Number of Pages:
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
6CtrPAPr,i AT,-! �` .
pn6 §
person, or the entity upon behalf of which the person
g� �e f�
acted, executed the instrument.
%l
cam'
I certify under PENALTY OF PERJURY under the laws of
�wr R�''�5r
the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's
❑ Individual
Number of Pages:
THIS POWER OF ATTORNEY IS NOT t 'D UNLESS IT IS PRINTED ON RED BACKC 'UND.
This Power of Attorney limits the acts of those name. .rein, and they have no authority to bind the Company excel. . the manner and to the extent herein stated.
Certificate No. 6066576
American Fire and Casualty Company Liberty Mutual Insurance Company
The Olive Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized urder the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Cynthia J. Young; Jay P. Freeman; Laurie .Druck; Pamela McCarthy
all of the city of San Bernardino state of CA each Individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge.
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their ownproper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this lath day of April , 2013
American Fre and Casualty Company
h�The0--
Ohio Casualty Insurance Company
0Liberty Mutual Insurance Company
91 xm � WestAmerican Insurance Company
�
C STATE OF WASHINGTON ss Gregory W.Davenport; Assistant Secretary
.: COUNTY OF KING
A
yOn this 18th day of April 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
u dr Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,
O execute the foregoing instrumentforthe purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
.d.. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.
d �
c •�
By: 1(z CA
0 i _ KD Riley, NoW4 Public
L
V O <
C d
p W This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance
yam^ Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows:
1a LD ARTICLE IV -OFFICERS -Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
I « to such limitation as the Chairman or the President may prescribe, shall appoint such altomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
0' acknowledge and deliver as surety any and all undertaldngs,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
+� executed, such instruments shall be as bind ing as tt signed b the President and attested to b the Secreta An ower or author y pr y
w` g g y y Secretary. y p authority granted to an representative or attpme •in•facl under
T the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
,13
•� c ARTICLE XIII- Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
> m and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
Z u respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W Davenport, Assistant Secretary to appoint such
ahomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seats of said Companies this, ay of 20� .
By:
David M. Carey; Assistant Secretary
LMS_12873_ 092012 199 of 500
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State of California ) CALIFORNIA ALL-PURPOSE
Countyof 0,il ) CERTIFICATE OF ACKNOWLEDGMENT
On 9 / K/ �tl f' ,-V t % c
before me, rS�ry�,i ame /' i
cc�� �� (here insert name and title of the offic r)
personally appeared f- oeZs - J2ha.ri1 i
— I
who proved to me on the basis of satisfactory evidence to be the personol whose nameX Is re subscribed to
the within instrument and acknowledged to me thatQshe/they executed the same in (gher/their
authorized capacity), and that b)0/her/their signatureX on the instrument the personW, or the entity
upon behalf of which the personWacted, 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.
SEONGJO KIM
WITNESS my hand and official seal. (OMM.$ 2013991
N NOTARr AAIIFORNA N
ORANGENGE COCOUNtt
Mr Court' Exp. MAR. 22, 20tt ^'
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fac[
❑ Corporate Officer(s)
❑ Guafdian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing: _
Names) of Person(s) or Entity(ies) Signer is Representing
of Signer Identification
Proved to me on the basis of satisfactory evidence:
Lo form(s) of identification Q credible witness(es;
Notarial event is detailed in notary journal on:
Page # Entry N
Notary contact:
Other
❑ Additional Signer(s) ❑ Signeds) Thumbprints)
0 Copyright 2007-2011 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies fthis farm.
F � f)fficial Records, Orange County
RECORDING REQUESTED BY AND Hugh Nguyen, clerk -Recorder
WHEN RECORDED RETURN TO:2014 OCT I��41
!III 'III'' NO FEE
City Clerk 40000401093 9:37 am 10102114
12 1
City of Newport Beach"6
100 Civic Center Drive ,ti ¢o o.00 o.00 o.00 o.00 o.00
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383" I p
NOTICE OF COMPLETION l^/'
<V"
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Big Ben, Inc. of Irvine, CA, as
Contractor, entered into a Contract on April 23, 2014. Said Contract set forth certain
improvements, as follows:
San Miguel Park Restroom Building and Picnic Structure Replacement Project (C-5541)
Work on said Contract was completed, and was found to be acceptable on
September 23, 2014 by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is The Ohio Casualty Insurance Company.
I0-YA
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on q\ cxu at Newport Beach, California.
A
4
BY EWPO��
City Clerk p�
i
I'
\/ PO Rh%
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
September 24, 2014
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following project:
• San Miguel Park Restroom Replacement Project (Contract No. 5541)
Please record the enclosed document and return to the City Clerk's Office.
Thank you.
Sinceref , <
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Big Ben, Inc. of Irvine, CA, as
Contractor, entered into a Contract on April 23, 2014. Said Contract set forth certain
improvements, as follows:
San Miguel Park Restroom Building and Picnic Structure Replacement Project (C-5541)
Work on said Contract was completed, and was found to be acceptable on
September 23, 2014 by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is The Ohio Casualty Insurance Company.
m
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. I
Executed on bCk '� at Newport Beach, California.
BY O c ��at~WAO�
City Clerk p
TO:
FROM
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 23, 2014
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director- (949) 644-3330,
dawebb@newportbeachca.gov
Fong Tse, Assistant City Engineer
(949)644-3321
San Miguel Park Restroom Building and Picnic Structure Replacement Project -
Completion and Acceptance of Contract No. 5541 (CAP14-0005)
At your regular April 22, 2014 meeting, City Council awarded the San Miguel Park Restroom Building and
Picnic Structure Replacement Project Contract No. 5541 to Big Ben Construction, Inc. for a total contract
amount of $303,271.00. The work is now complete and staff requests City Council acceptance and close
out of the contract.
RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after this Council acceptance.
FUNDING REQUIREMENTS:
Excluding the new shade structures, concrete picnic tables and trash receptacles that were purchased
separately, funds for the construction contract were expended from the following account:
Account Number
Account Description
General Fund 7015-C1002044
Amount
$283,057.66
2.2
DISCUSSION:
Overall Contract Cost/Time Summary
Awarded
Final Cost at
Contingency
Actual
% Due to
% Due to
Contract Amount
Completion
Allowance
Contract
Directed
Unforeseen
Change
Change
Change
$303,271.00
$290,517.86
10% or less
(4.21%)
(7.94%)
3.73%
Actual
Time
Allowed Contract Time (days)
50
-8
42
The contract has now been satisfactorily completed. A summary of the contract cost is as follows:
Original bid amount: $ 303,271.00
Actual cost of bid items constructed: $ 279,220.40
Total change orders: $ 11,297.46
Final contract cost: $ 290,517.86
Prior to this project, the former 25+ year old modular restroom building in San Miguel Park had deteriorated
to a point of becoming unsightly and required frequent maintenance and repairs. Additionally, the
overhead timber shade structure over the picnic area was removed due to its deteriorated condition.
The San Miguel Park Restroom and Picnic Structure Replacement Project has now been completed to the
satisfaction of the Public Works Department. The contract improvements installed by Big Ben, Inc. at the
park site included a prefabricated masonry restroom building, new retaining walls, integrally colored
concrete pavement with a diamond -cut pattern, reconstructed concrete sidewalks connecting the existing
parking lot and the picnic area, new concrete access ramps, and a freshened parking lot with new
pavement striping and markings. The contractor also installed a new shade structure ($46,118.65),
concrete picnic benches and trash receptacles ($8,009.28) that were purchased separately by the City to
expedite work completion. In addition, two existing barbeque grills were replaced with new units provided
by the Municipal Operations Department to further enhance the park aesthetics and function.
The final construction contract cost was 4.21 percent below the original contract amount due to changed
field conditions as well as some value engineering. Two contract change orders were executed to resolve
unexpected field conditions including a collapsed sewer lateral line that serves the new restroom building;
unmarked electrical conduits and wirings that interfered with the work; incorrectly sized circuit breakers;
additional retaining wall backfill that was needed to protect several existing mature trees in place (which
screen the restroom building from the residents above); and an extra height concrete retaining curb needed
to retain future landscaping irrigation or storm runoff onsite.
A summary of the project schedule is as follows:
Estimated Completion Date per 2013 Baseline Schedule 8/26/2014
Project Awarded for Construction 4/22/2014
Contract Completion Date Per Notice To Proceed 8/26/2014
Actual Substantial Construction Completion Date 8/14/2014
ENVIRONMENTAL REVIEW:
The Project was determined to be exempt from the California Environmental Quality Act ("CEQA") pursuant
to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. This Exemption covers the
replacement or reconstruction of existing structure and facilities where the new structure will be located on
the same site as the structure replaced and will have substantially the same purpose and capacity as the
structure replaces.
M
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Mao
M
ATTACHMENT A
SAN MIGUEL
PARK
-O�
J� r
�v Cn
SCJ _
a
N.T.S.
SAN MIGUEL PARK CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
LOCATION MAP C-5541 09/23/14
ME,
CCc
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
until 10:00 AM on the 27th day of March, 2014,
at which time such bids shall be opened and read for
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
$ 435,000.00
Engineer's Estimate
Approved ,
61 L
rr
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and
Drawings by contacting
Mouse Graphics at (949) 548-5571
Located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project. "A"
For further information, call Fong Tse, Project Manager at (949) 644-3321
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://www. NewportBeachCA.gov
CLICK: Online Services/Bidding & Bid Results
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
TABLE OF CONTENTS
NOTICEINVITING 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
LABOR AND MATERIALS PAYMENT BOND.......................................................A-1
LABOR AND MATERIALS PAYMENT BOND ......................... ....
.......................... B-1
FAITHFUL PERFORMANCE BOND....................................................................
C-1
PROPOSAL., ........................... ............................................... ..........................
..... PR -1
SPECIALPROVISIONS............................................................................................
SP -1
TECHNICAL SPECIFICATIONS...............................................................................
TS -1
2
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
3
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.
Con ractor's License No. & Classification
cl+A T' (-
Bidder Bidder
(?V -e
03-27-11
Date
rd
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
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 ($ 10% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of SAN
MIGUEL PARK RESTROOM REPLACEMENT PROJECT, Contract No. 5541 in the City of
Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed
contract is awarded to the Principal, and the Principal fails to execute the Contract Documents
in the form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 21st _day of March 2014,
Big Ben Inc. (P&S Iwe" T
Name of Contractor (Principal) Xuthoriz6 Signaturetfitle
The Ohio Casualty Insurance Company
Name of Surety / Authorized A' nt Si nature
1001 Fourth Ave, Suite 1700, Seattle, WA 98154 Cynthia J. Young, Attorney -in -Fact
Address of Surety Print Name and Title
206-473-3563
Telephone
(Notary acknowledgment of Principal & SUretV must be attached)
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Bernardino
On - March 21, 2014
before me, Laurie B. Druck, Notary Public
Name and Tile of Officer (e.g.. "lane Doe, Notary Pudic")
Personally appeared Cynthia J. Young
Namets) of Signer(s)
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
O Partner — 0 Limited O General
0 Attorney -in -Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer is Representing:
I certify under PENALTY OF PERJURY under the laws of
LAURIE B. DRUCK
the State of California that the foregoing paragraph is
�,�„ Commtsslon # 7982372
true and correct. _. .. .
a r +a`�=�� Notary Public -California z
z San Bernardino County n
WITNESS my hand and official seal.
My Comm. Expires Jul 74, 2016
Signaure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
O Partner — 0 Limited O General
0 Attorney -in -Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer is Representing:
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Aftorney limits the acts of those named herein, and they have no authorltyto bind the Company except in the manner and to the extent herein statedr
Certificate No. 6066559
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BYTHESE PRESENTS: ThatAmedcan Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
: the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein coliectivelycalled the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
Cynthia J. Young; Jay P. Freeman; Laurie Druck; PamelaMcCarthy
and appoint, .
all of the city of San Bernardino state of CA - - each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
- and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 18th day of April '-; 2013
American Fire Fire and Casualty Company
a
t \% °°. The Ohio Casualty Insurance Company
y
0
r �` _ Liberty Mutual Insurance Company
d
ti
_ West American Insurance Company.19
y
8y':.
STATE OF WASHINGTON ss Gregory .Davenport, Assistant Secretary
'C
-
COUNTY OF KING
_
ti cc
On this 18th day of April , 2013 ", before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
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Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such; being authorized so to do,
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execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
W
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y
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.
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3
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C'y
By: 7✓VU.t.cvl---.
pet
O
KD Riley, Nota4 Public
—_
ai G
3R
o d
C `This
Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance
IL
in
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Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
c o
rot
ARTICLE IV -OFFICERS -Section 12.Power ofA orney: Any officer other official of the Corporation auhorized forthat purpose inwriting by the Chairman or the President; and subjectp�
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to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
w to
o e
''..
acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
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powers of attorney, shall have full powerto bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
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executed, such instruments shall be as binding as if signed b the President and attested to b the Secreta An ower or authority y p y
g g y y Secretary. y p ty granted to an representative or attome -in-fact under
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the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
s
ARTICLE XIII- Execution of Contracts =SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized forthat purpose in writing by the chairman or the president,
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and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -tact, as may be necessary to act in behalf ofthe Company to make, execute,
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seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. ,Such attorneys -in -fact subject to the limitations set forth in their
00
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respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
O o
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
o
Certificate of Designation The President pf the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such
~ `-
-attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization-: By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
- I; David V. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
`American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttorney executed by said Companies,
is in full force and effect and has not been revoked.
1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this' 'day of,MCAA C ' , 20J-4.
By:
David M.Carey; Assistant Secretary
LMS_12873 092012 182 of 500
ACKNOWLEDGMENT
State of California
County of _ Av /y*
On _CUA tc� , 2C� —before me, Joo-�/�C'r)_ 0:4--lwa Cy 1IIZ>11C,
—1— (i`tfsert name and title of the-effficer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the p on(�,��''hose name i 1
subscribed the within instrument and acknowled ed to me that e/ bf1Y executed the same in
is r authorized capacityoi e, and that by is signature( on the instrument the
rsan ' , or the entity upon be alf of which the personN) acted, execu ed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
.�
JUNG HC BEN OCK G
t
Comm. #1911040
WITNESS my hand an official seal.;Notary
N k\
Public -California
�` 1?''
Orange County
Comm. Expires Oct 3Q 2014
Signature _ (Seal)
P4 �ituCS !�/cn1Cl
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State law
and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made in these subcontractors except with prior approval of the City of Newport Beach. (Use
additional sheets if needed.
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name:Fvk.c RCSl C P.,
'...
Address.-
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State License Number: �N� gbf9
ddress:
Email Address-
Name:{ {
Name6Yi � `ti
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Phone:
yam'/
State License Number:) 1 / tet/R
Email Address:
Name:%/
SC, 1l 0
Address:�Sa1 %6�a"'( A.�
SRn �e/ H"uj(, 1
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Phone:
g
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0
State License Number: �/
Email Address
F � geh
Bidri r
R
15�
Authorize gnat itle
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
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..lrv,-ae whc� �i>�� cr r - �1"(�57ea (�7, �;1 y/
Project Description T,, J411 view
Approximate Construction Dates: From 05-A-7 To: 0c/Jt.
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Agency Name ( v h lJ �'t r:./ rq°, ie.
Contact Person
LI k p
� L1t� C( I L �M oc Tele hone
Original Contract Amount $Final Contract Amount $- I
If final amount is ,diifferent from original, please explain (change orders, extra work, etc.)
xl" Wowl� °s�J,/b (ok4Yfc f
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.
0
We
No.2 ,,/ /
Project Name/Number W1�-S evil HS I ei
Project Description Aet— lsfiim S roup J
Approximate Construction Dates: From ® %
Agency Name
VA(DW M
C M
OL/ //I
ekjll/
Contact Person Ro, l f l' a Je ry � Telephone ( )/ I % L! ffq �- s'9'5b
Original Contract Amount $ Final Amount $ ! � f%)
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. 3 /
Project Name/Number VveS C
Project Description e w
Approximate Construction Dates:
Agency Name tl e(
or r
From o:
G/o /-4 C h f.
4-1
Contact Person _ V' I f 1-0 A Telephone
Original Contract Amount $ Final Contract Amount $ b 00
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 clairrl�.
im
No. 4
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
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
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.
`ll
No. 6
Project Name/Number
Project Description
M,
Approximate Construction Dates: From
Agency Name
T
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.
l QeA ! hC. �c �ISrO�cS
Bidd r Authorize .g ature/Title
IES
SEPEHR SHARIN
949-400-1800
WAY
sep@bigbenconstruction.com
CONSTRUCTION PROJECT MANAGER
ROCKROSE
Irvine, CA 92612
SUMMARY Highly talented and accomplished Project Management professional with more than 11 years of
PROFILE supervision experience. Proven ability to lead all phases of construction and renovation projects
across multiple industries. Adept at scheduling, budgeting, estimating, costing, contract
negotiation, and subcontractor supervision. Solid record of accomplishment in developing and
maximizing new businesses and marketing strategies.
EXPERIENCE Big Ben Construction Oct 2006 - Present
Irvine, California
"I_ VVi'^.,FC,._,,� s 3ttt, 'itiJ$F',
Co-Owner / Project Manager
• Direct all phases of construction and pre-bid operations
• Projects include tenant improvements, medical laboratories, sitework, underground utilities, park
and playgrounds.
• Prepare bid proposal packages including documentation and cost breakdown analysis
• Perform take off analysis of blueprint drawings
• Coordinate workers, material, and equipment while ensuring civic codes and specifications are
followed and work proceeds on schedule and within budget
• Manage relationships among all interested stakeholders of multiple projects; from city executives to
project managers and administrative staff
• Hiring manager for all subcontractors and vendors
Millennium Imaging Medical Sep 1999 - Sep 2006
Rancho Cucamonga, California
'pcv,„ur..
C” -c.
Director of Business Development
Strategic Planning
• Wrote various business plans to provide services to new communities in the Inland Empire
• Developed core business development strategies
• Managed Business Development process in targeting key doctor referral accounts
• Developed and maintained annual budget and capital investment strategy
Construction Management
Scout and secure locations for new constructions
• Worked closely with architect and engineers in the design phase of new imaging centers
• Managed and oversaw the construction phase of new imaging centers
Business Management
• Trained, motivated and supervised all technical and administrative staff of two medical campuses
• Business management skills include purchasing, inventory control, business accounting, workflow
coordination, and process improvements with an emphasis on cost savings and efficiency
• Managed all aspects of billing, invoicing, account reconciliation, payroll and collection activities
Marketing Management
• Directed marketing strategies, promotional activities and service development projects
• Conceived various marketing campaigns focused on brand placement and new client referrals
• Conducted focused market research by identifying market gaps and competitive advantages as a
means to increasing market share
SEPEHR SHARIPI
SKILLS
SUMMARY
EDUCATION
Ernst and Young, June]999 -Sep 1999
Los Angeles, California
u 7!;<1 s'c J tr ;C nc?
rr, ..nic_�-..q' io, �';o,�c, ,,.cnc, �..:=may v __.�•u..gcF'sr, �„ ,.`ii
Business Analyst
• Assisted account executives with creating RFI and RFP documents
*Developed test plans and test cases for an internal employee tracking system to verify Y2K
compliance
• Gathered requirements from the Human Resources Department to automate an expense tracking
system
Received corporate training in Ernst & Young methodology that included presentation skills,
requirements gathering, crisis management, consulting skills and etiquette
Operating Systems: Windows (all versions), Mac OS
Productivity Tools: Word, Excel, Project, PowerPoint, Visio, Outlook, Access, Radworks PACS System,
Med!Soft Medical Billing Software
CLAREMONT MCKENNA COLLEGE—Claremont, California
Bachelor of Arts— Economics and Biology (1999)
Languages: Fluent in Fars! and proficient in Spanish.
Profess+rnol Referegices Available Upon Raaqcsesi
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
NON -COLLUSION AFFIDAVIT
State of California
) ss.
County of rA&i i e�)
-� rlia r i t being first duly sworn, deposes and says that he or she is
of G &"K Ta the party making the
foregoing bid; that the bid is not made in the interest of, or behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California thaAe foregoing' rue and correct.
t Gd IJ�h �ha!
Bidder Authorized ature/Title
Subscribed and sworn to (or affirmed) before me on thisjday of Q,iTG_, 2014
by proved to me on the basis of
satisfactory evidence to be the personQQ who appeared before me.
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
[SEAL]
JAEUK LEE
COMM. #1981682 M
rJ)ORANGE Notary Putlic-calitomia
eR1y comm. Ev. JUN. 11, 2616
13
the iaw e State_of California that the
Notary Public
My Commission Expires: 'S�\V)
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
DESIGNATION OF SURETIES
Bidder's name s Feyl�C.
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):
I
�c. SI, 17v U -�ck f f(e, WA Ally
A f3d,ke r Or -(O A Cls k /My,,1
i g U o Ov, s .S4- /j0 .
NCWPop }<<l,, �/� '7,?64 0
F
Ds
M!
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Namei•i <.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2013
2012
2011
2010
2009
Total
2014
No. of contracts
Total dollar
Amount of
Contracts (in
lJo i
Thousands of $
No. of fatalities
�r
U
No. of lost
Workday Cases
co
Q
No. of lost
workday cases
involving
permanent
transfer to
V
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder Fl * at G
Business Address: 5-31y L141`yey314r p,,, A# U3 (z
Business Tel. No.: 95(1—G� zloo
State Contractor's License No. and
Classification: -7 7 y ti A f (�
Title Tres, e,I
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
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the
corporation, legal name of corporation must be
corporation President or Vice President or
Secretary, and the corporate seal, or submit v
of the corporation. All must be acknowledged
that such individuals, partners/joint ventures,
partnership/joint venture. If bidder is a
provided, followed by signatures of the
President and Secretary or Assistant
th evidence of authority to act on behalf
before a Notary Public, who must certify
or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED]
810
d
Can*
SWxdWendswumto(oraff=Mbetbreme H*
day d L�,- 20-�, (T by
pared tome on the bads saeetaday W&M to be tM
nw.
JAEUK LEE
16 rQMy
GOMM. #1961682 m
Notary Publiel7alifomia y
ORANGE COUNTY
Comm. Exp. JUN.11, Ml
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name � i I "I 1 �t <,
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
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
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: + oe Be', C
Business
i 1 9 T),
Telephone and Fax Number: et -660 --,N o FAX, qt V J- 333-367, 7
California State Contractor's License No. and Class: A J S
(REQUIRED AT TIME OF AWARD) / /
Original Date Issued: �� c' v `' Expiration Date: O�?hg �.
List the name and title/position of the person(s) who inspected for your firm the site of
the work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals,
firm members, partners, joint ventures, and company or corporate officers having a
principal interest in this proposal:
Name
Title
Address
,317 VHi vrv,�i/�r �(�3
rv1r (A 6-066
Corporation organized under the laws of the State of 611 �� t'n 11A
IN
Telephone
qvj-ai�)- yyo0
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
M
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
I!, Den C o lli STrv� (,v'l
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;
WO W
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? if so, explain. A F 0
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for lab ompliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes /L/
19
Are any claims or actions unresolved or outstanding? Yes /lJ
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.
til ��hc.
Bidder
C' V— S Gt v i
(Print nan a of Owner or President
of Corpora 'on/C pany)
Authori d Sign ure//T)-itle
�(Cii(,�Cdt f
Title c�
Date
On KkGr 7.nk � 00\C�K before me, _ beu �= Notary Public, personally
d
appeare. "tv a( �t who proved to me on the
basis of satisfactory evidence to be the person(whose name00 is/are subscribed to the within
instrument and acknowledged to me that he/sem/thW executed the same in his/h*/tft authorized
capacity(i�tj, and that by his/hg`r/trOr signatureN on the instrument the person(w, or the entity upon
behalf of which the personp 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 hand and official seal.
Nota- in and for said State
My Commission Expires:
20
(SEAL)
QqJA'EU KLEE
COMM. #1981682 m
Notary Publ�Califomla N
ORANGE COUNTY
My COMM, E)y. JUN. 11, 2016
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
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 Kev 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
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
CONTRACT NO. 5541
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
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. 5541 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
1. Lump Sum Mobilization and Dem bilization
rjevz'1 J ✓10v5oi- (�
@ 5eye 611d 'e Dollars
and
0 Cents $ 700.00
Per Lump Sum
2. Lump Sum Traffic Control
@� I�v�G�t� C6t Dollars
and
0 Cents $ 00. O L
Per Lump Sum
3. Lump Sum Remove Existing Restroom Building and
Reinforced-7Concrete Columns y
@ / hre / kov�R`�/ tl%12 �va(�Yr�'I Dollars
and
Cents
Per Lump Sum
0
7
L-1
A
7-4) jy- F,ti—Dollars
@and
l;J Cents $ 39_,00 930., ID
Per Square Foot
285 S.F. Apply Anti -graffiti Protective
Coating
@ �(< Dollars
and
�f Cents $ •60 $ 0t)
Per Square not
Lump Sum Install R7skroom Buil mg
One i{.,�u{r[�{ ,:�✓eA4,- �v�� 7�ta S���l
@ Fi ✓" Huj"edl Dollars
and
i% Cents $ 17 7 5-60, o
Per Lump Sum
Lump Sum Install Bottle Filler
Dollars
and
Cents $ 3,000,00
Per Lump Sum
Lump Sum Coordination with Shade Structures
Contractor p /
@ 51,1 4.1t �tyt'C/1 Dollars
and
Cents $ 600 , o v
Per Lump Sum
PR2of4
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
4. 2,300 S.F.
Sandblast Existing Concrete
Retaining Wall Vertical Surfaces
14
@ (i E'_ Dollars
and
1 wem ve- Cents
$
R 75', 0 0
Per Square Foot
5. 285 S.F.
Reconstruct Retaining Wall
0
7
L-1
A
7-4) jy- F,ti—Dollars
@and
l;J Cents $ 39_,00 930., ID
Per Square Foot
285 S.F. Apply Anti -graffiti Protective
Coating
@ �(< Dollars
and
�f Cents $ •60 $ 0t)
Per Square not
Lump Sum Install R7skroom Buil mg
One i{.,�u{r[�{ ,:�✓eA4,- �v�� 7�ta S���l
@ Fi ✓" Huj"edl Dollars
and
i% Cents $ 17 7 5-60, o
Per Lump Sum
Lump Sum Install Bottle Filler
Dollars
and
Cents $ 3,000,00
Per Lump Sum
Lump Sum Coordination with Shade Structures
Contractor p /
@ 51,1 4.1t �tyt'C/1 Dollars
and
Cents $ 600 , o v
Per Lump Sum
PR3of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 3,800 S.F. Reconstruct 6 -Inch Thick P.C.C. Slab
@ e pi Dollars
and
Per Squard Foot
11, 1,950 S.F. Reconstruct 4 -Inch Thick P.C.C.
Sidewalk
@ f X Dollars
and
Twen . _Cents d oo o
Per Square F of
12. 1,000 S.F. Reconstruct P.C.C. Ribbon Gutter
@�Geh .��� µ� Dollars
and
Seve ` iyc' Cents $ 1 77 $ /7 %Sri= Q
Per Squ re Foot
13. 250 S.F. Remove and Construct P.C.C.
Driveway Approach
@ :! 'eve eC n Dollars
and
t/ Cents $�d^`��
Per Square Foot
14. 4 EA Remove and Construct P.C.C.
Ac ess Ramp
@ 'ven {y- �� ✓2 . Dollars
and
lJ Cents $% 75< OC) $ fotU, C)_0
Per Each
15. 1 EA R1 Stop Sign
@ V Nee r � hcAra
! eCve' Dollars
and
C� Cents $ $ 375_0z'
Per Each
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16. Lump Sum Traffic Striping and Painting
:5
@iy�rf t1�'✓'�Gf Dollars
` and
Cents $ C9,Cl(1.. DC
Per Lump Sum
17. Lump Sum As -Built Plans
UK re d Dollars
and
(I Cents $ �00/00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
rte Ptcrd eJ Ar" r" lvtAJ Iwo
and C_ (_Z Cents
3-, a7_ >Y
Date
qI _1-60-9'00 `JVD -?33-367a
Bidder's Telephone and Fax Numbers
_771-/y�y 4 �
Bidder's License No(s).
and Classification (s)
Total Price (Figures)
<7,
D1 6�
Biddat4a /
Bidder's Address
Bidder's email address: :�) < iP(<-, t i vk Devi (Dv S]
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
CONTRACT NO. C-5541
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd
day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and BIG BEN, INC., a
California corporation ("Contractor"), whose address is 5319 University Dr., #403, Irvine,
California 92612, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: San Miguel
Park Restroom Replacement Project. The majority of the work necessary for the
completion of this contract includes: Remove existing restroom building and its
foundation/footing; remove existing abandoned picnic shelter reinforced concrete
columns; remove existing timber retaining wall; construct masonry retaining wall;
sandblast existing concrete retaining wall surfaces; construct building pad for
new restroom building; make utility connections for new restroom building;
reconstruct the play area concrete slab; reconstruct concrete sidewalks;
reconstruct parking lot driveway approach, curb ramps and ribbon gutter; slurry
seal existing parking lot; and restripe parking lot (the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials
Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans
and Special Provisions for Contract No. C-5541, Standard Specifications for Public
Works Construction (current adopted edition and all supplements), and this Contract,
and all modifications and amendments thereto (collectively the "Contract Documents"),
all of which are incorporated herein by reference. The Contract Documents comprise
the sole agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract Documents are
null and void. Any amendments must be made in writing, and signed by both parties in
the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed
and materials to be furnished shall be in strict accordance with the provisions of the
Contract Documents. Contractor is required to perform all activities, at no extra cost to
City, which are reasonably inferable from the Contract Documents as being necessary
to produce the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of Three Hundred Three Thousand Two Hundred
Seventy One Dollars and 00/100 ($303,271.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or
expense occurs prior to acceptance of the Work by City.
4. 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 City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with
the Government Claims Act (Government Code 900 et seq.).
Big Ben, Inc. Page 2
5. WRITTEN NOTICE
5.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
5.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
5.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Sepher Sharifi
Big Ben, Inc.
5319 University Dr., #403
Irvine, CA 92612
MINEFUTMERToP
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract or for other periods as specified in the Contract Documents,
policies of insurance of the type, amounts, terms and conditions described in the
Insurance Requirements attached hereto as Exhibit A, and incorporated herein by
reference.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
7.2 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,
Big Ben, Inc. Page 3
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the "Indemnified Parties') from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or all of them).
7.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
7.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
7.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
7.7 Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
7.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
Big Ben, Inc. Page 4
8.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2 The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
8.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. 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.
10. CONFLICT
If there is a conflict between provisions of this Contract and any other Contract
Document, the provisions of this Contract shall prevail.
11. 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.
12. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Big Ben, Inc. Page 5
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: S d -2, 1 q
By: L By: _—
Aaron C. Fprp �/ Rush N. Hill,
City Attorney `'� Mayor
ATTEST: 6,1� .'
Date:
By: "Vo
Leilani I. Brown
City Clerk
oRslp'
CONTRACTOR: Big Ben, Inc., a
California coloration
Date:O's --og—ly
By: -<V
Sephe Iharifi
President
Date: 5 j q h
By:
Je 'fer arifi
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Insurance Requirements
Exhibit B -- Labor and Materials Payment Bond
Exhibit C -- Faithful Performance Bond
Big Ben, Inc. Page 6
EXHIBIT A
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of
the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Big Ben, Inc. Page A-1
insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope
of coverage for liability assumed under a contract.
C. Automobile Liability In Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for
"all risk" or special causes of loss form with limits equal to 100% of the
completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
• A drop down feature requiring the policy to respond in the event that
any primary insurance that would otherwise have applied proves to be
uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City, its elected or appointed
Big Ben, Inc. Page A-2
officers, agents, officials employees and volunteers shall be included as
additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of
Award". Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
B. City's Riqht to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
Big Ben, Inc. Page A-3
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self-insured retentions on any portion of the insurance required herein
and further agrees that it will not allow any indemnifying party to self -
insure its obligations to City. If Contractor's existing coverage includes a
self-insured retention, the self-insured retention must be declared to City.
City may review options with Contractor, which may include reduction or
elimination of the self-insured retention, substitution of other coverage, or
other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to
apply to the full extent of the policies. Nothing contained in this Contract
or any other agreement relating to City or its operations limits the
application of such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term of
this Contract have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from
Big Ben, Inc. Page A-4
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City with five (5) calendar days of the expiration of the
coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Big Ben, Inc. Page A-5
Executed in Duplicate Bond Number: 024046686
Premium: $5,549.00
Premium is for contract term and is
EXHIBIT C subject to adjustment based on final
contract price
CITY OF NEWPORT BEACH
BOND NO. 024046686
11-11110111111
- - •- :•
The premium charges on this Bond is $ $5,549.00 , being at the
rate of $ first $100,000.00 @2.5% the thousand of the Contract price.
remaining $203,271.00 @1.5%
WHEREAS, the City of Newport Beach, State of California, has awarded to Big
Ben, Inc. hereinafter designated as the "Principal," a contract for San Miguel Park
Restroom Replacement Project in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the r
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Three Thousand Two Hundred Seventy One Dollars and 00/100
($303,271.00) 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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Big Ben, Inc. Page CH
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 6th day of May 2014
Big Ben, Ina
Name 4 Contractor (Principal) Authoriz Si ure/Title 15
The Ohio Casualty Insurance Company
Name of Surety
1001 4th Avenue, Suite 1700
Seattle, WA 98154
Address of Surety
206-473-3563
Telephone
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Auto rued Agenf Sign ture
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Cynthia J. Young
Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
ss.
County of San Bernardino
On May 6, 2014 before me, Pamela McCarthy Notary Public
Name and Title of Officer te.g., "Jane Doe, Notary Public")
personally appeared Cynthia J. Young
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
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� Cary N ilo' } `� 1 certify under PENALTY OF PERJURY under the laws of
a the State of California that the foregoing
`�is
nl a 2et� true and correct.
C mut
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
O Corporate Officer
Title
71 Partner -- O Limited O General
❑x Attorney -in -Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. -
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 6086575:.
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company WestAmerican Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BYTHESE PRESENTS: ThatAmerican Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company
' is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies', pursuant to and by authonty herein set forth, does hereby name, constitute
Cynthia J. Young; Jay P. Freeman; Laurie Pamela McCarthy
and appoint, ..Druck;
all of the city of San Bernardino , state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
-
- IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 18th day of April --, 2013
American Fire and Casualty Company
4 The Ohio Casualty Insurance Company
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: liberty Mutual Insurance Company
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,t West AmericanInsurance Company
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STATE OF WASHINGTON ss Gregory W.Davenport, Assistant Secretary
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COUNTY OF KING
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this 18th :. day of April , 2013 ; before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
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Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,.
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execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington, on the day and year first above written
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This Power of Attorney is madeandexecuted pumuanttoand by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casually Insurance
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Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Companywhich resolutions are now in full force and effect reading as follows.
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ARTICLE IV- OFFICERS -Section 12: Power of Attorney. Any officer or other official of the Corporabon authorized for that purpose in writing by the Chairman or the President, and subject
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to such limitation as the Chairman or the President may presence, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
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,. acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective
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powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
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executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
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the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
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ARTICLE XIII- Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
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and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,.
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seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
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respective powers of attorney, shall have full powerto bind the Company by their signature and execution of any such instruments and to attachthereto the seal of the Company. When so
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executed such instruments shall be as binding as if signed by the president and attested by the secretary.O
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Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such
attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
'Authorization-
By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature ofany assistant secretary ofthe
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shallbe valid and binding upon the Company with
-
the same force and effect as though manually affixed.
1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, and correct copy of the Power of Attorney executed by said Companies,
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is in full force and effect and has not been revoked. `Y1L
IN TESTIMONY WHEREOF I have hereunto hand [<I
set my and affixed the seals of said Companies this day of r
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David M. Carey, Assistant Secretary
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12873 092012 198 of 500
State of California ) CALIFORNIA ALL-PURPOSE
County of QCT ?& ) CERTIFICATE OF ACKNOWLEDGMENT
On /t4a-�1 9 / � before me, ;� "� ) 6 k114* 4 AlUy`aw '� cz,%fTc
(here insert name and title of th officer)
personally appeared <S'ee%v J/zah 7
who proved to me on the basis of satisfactory evidence to be the personV whose name Is are subscribed to
the within instrument and acknowledged to me thaRshe/they executed the same in Q/her/their
authorized capacity(, and that bye ti /her/their signaturef,$)'on the instrument the persor»o, or the entity
upon behalf of which the personkSf 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.
Signature
OPTIONAL INFORMATION
R9 SE0NGJ0 KIM
�n Qiµ COMM.# 2013991 tt�
Ut NOTARY PUBLIC -CALIFORNIA N
ORANGE COUNTY
My CGMu. EXP. MAR. 12, 2017 "
(Seal)
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(,) of Perscm(h or EntltyOes) 51911er is Representing
,,t ,v
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
Lo forms) of identification Q credible witnesses)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signers) ❑ Signer(s)Thumbprint(s)
❑
o c.opyngnt tuU/-LUT 1 Notary sotare, Inc. PU box 41400, Des AiQuus, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact pour Authorized Reseller to purchase copies of this form.
Executed in Duplicate Bond Number: 024046686
Premium included in charge
EXHIBIT B for Performance Bond
CITY OF NEWPORT BEACH
BOND NO, 024046686
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Big
Ben, Inc. hereinafter designated as the "Principal," a contract for San Miguel Park
Restroom Replacement Project in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the Work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
The Ohio Casualty Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Three Thousand Two Hundred Seventy One Dollars and 001100
($303,271.00) 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 attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 at seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the stn day of May , 2014
Big Ben, Inc.
Name of e6ntractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
1001 4th Avenue, Suite 1700
Seattle WA 98154
Address of Surety
206-473-3563
Telephone
Big Ben, Inc.
(Prrn C.
Aut 'zed f @rrgure/Title iso-
Aut ' rized AgeVSig'ature /
Cynthia J. Young
Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
SS.
County of San Bernardino
On May 6, 2014 before me, Pamela McCarthy Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public')
personally appeared Cynthia J. Young
Names) of Signers)
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docu
Document Date: _
Signer(s) Other Than
Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
O Partner -- O Limited O General
0 Attorney -in -Fact
O Trustee
71 Guardian or Conservator
Other:
Signer is Representing:
Number
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
C��s�s,v� I
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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docu
Document Date: _
Signer(s) Other Than
Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
O Partner -- O Limited O General
0 Attorney -in -Fact
O Trustee
71 Guardian or Conservator
Other:
Signer is Representing:
Number
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
- This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 6086576
American Fire and Casualty Company ' Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company ' West American Insurance Company -
POWER OF ATTORNEY
KNOWN ALL. PERSONS BY THESE PRESENTS: ThatAmencan Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
Cynthia J. Young; Jay P. Freeman; Laurie Druck; Pamela McCarthy
and appoint, .
all of the city of San Bernardino , state of CA -. each individually if there be more than one named, its hue and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings; bonds, recognizances and other surety obligations,iin pursuance of these presents and shall
-
--be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 18th- day of April -, 2013
American Fire and Casualty Company
° The Ohio Casualty Insurance Company
Q.
t - , " t <' Liberty Mutual Insurance Company
_d
; ., a =r West American Insurance Company
y
o
to
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= d
By
.Qno
C
STATE OF WASHINGTON ss Gregory Davenport, Assistant Secretary
C
.,:
�
COUNTY OF KING -
to
c
yOn
this .18th day of April , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of Amedcan
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Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,
9.U)
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: execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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>
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington; on the day and year first above written -
0 CIL
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—
-. KD Riley, Notdslr Public
(D
ai 0
,..
3m
This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance
CL
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Company, liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in fullforce and effect reading as follows:
t o
va
ARTICLE IV -OFFICERS -Section 12. Power ofAffomey:Any, officer or other official ofthe Corporation authorized forthat purpose in writing bythe Chanmanorthe President, and subject
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to such limitation as the Chairman or the President may prescribe, shall appoint such attorra s in fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
YP PP Y= - Y ry P
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m
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acknowledge and deliveras surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations setforth In theirrespective
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powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
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executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative orattorney-in-fact under20
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the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
4,0 oV
ARTICLE XIII- Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized forthat purpose in writing by the chairman or the president,
'`" 00
> Cand
subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act in behalf of the Company to make, execute,
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p
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
Z 0respective
powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
0 0
executed such instruments shall be as binding as if signed by the president and attested by the secretary. -
o m
,
Certificate of Designation - The President of the Company, . acting pursuant Yo the Bylaws of the Company,. authorizes Gregory W. Davenport, Assistant Secretary to appoint such
~
aftorneys-in-factas may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
-
".
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
-
-American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked. �a
a
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seats of said Companies this Lday of
"F.
David M. Carey; Assistant Secretary
LMS_12873_092012 199 of 500
State of California
County of
CALIFORNIA ALL-PURPOSE
• i 4 j •
On PL,*Y 49 1e' before me, � n�jJ u k � lila &',-V A"/
Iinsert name and title of the offic r)
personally appeared r s� A��r 5�lt2yi`
2
who proved to me on the basis of satisfactory evidence to be the persorl whose name(is re subscribed to
the within instrument and acknowledged to me thatQshe/they executed the same inl�'I her/their
authorized capacityQe ), and that b /her/their signature on the instrument the personw, or the entity
upon behalf of which the personvacted, 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.
SEONGJO KIM
WITNESS m hand and official seal. �n COMM.# 2013991
Y u! '1 NOTARYPUBLIC-CALIFORNIA
ORANGE COUNT
MY Comm. EXP. MAR. 22, Mir ^�
Signature
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document I Method of Signer Identification
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(,) of Person(s) or EdrutLes) Signer Is Representing
Proved to me on the basis of satisfactory evidence:
Lo form(s) of identification O credible witness(es)
Notarial event is detailed in notaryjournal on:
Page # Entry IT
Notary contact:
Other
❑ Additional Signers)
❑ Signer(s)Thumbprint(s)
0 Copyright 2007-2011 Notan Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Irem Number 101772. Please contra you, Authorized Reseller m purchase copies of this form.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/15/14
Dept./Contact Received From: Raymund
Date Completed: 4/17/14 Sent to: Raymund By: Chris
Company/Person required to have certificate: Big Ben Construction
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/5/14-4/5/15
A.
INSURANCE COMPANY: Colony Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XII
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
Z Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
1L AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14
A.
INSURANCE COMPANY: Progressive Express Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+:X
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14
A. INSURANCE COMPANY: State Fund
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
4/17/14
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes [--]No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
&Emifflamfflo
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Non -admitted status of general liability carrier approved by Sheri on 4-15-14.
Approved:
Risk Management
* Subject to the terms of the contract.
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
CONTRACT NO. C-5541
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Line and Grade
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing
SECTION S - UTILITIES
5-1 LOCATION
5-2 PROTECTION
5-7 ADJUSTMENTS TO GRADE
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
6-7 TIME OF COMPLETION
6-7.1 General
6-7.2 Working Days
6-7.4 Working Hours
6-9 LIQUIDATED DAMAGES
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACIUITIES
7-1.2 Temporary Utility Services
7-7 COOPERATION AND COLLATERAL WORK
7-8 WORK SITE MAINTENANCE
7-8.4.3 Storage of Equipment and Materials in Public Streets
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
7-8.7.2 Steel Plates
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
7-10.3 Street Closures, Detours and Barricades
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
6
6
6
6
6
7
7
7
8
8
8
8
7-10.4 Safety
8
7-10.4.1 Safety Orders
8
7-10.5 "No Parking' Signs
9
7-10.6 Notices to Residents
9
7-15 CONTRACTOR'S LICENSES
9
7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS
9
9-3 PAYMENT
10
9-3.1 General
10
PART 2 CONSTRUCTION MATERIALS 13
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
13
201-1 PORTLAND CEMENT CONCRETE
13
201-1.1.2 Concrete Specified by Class
13
201-2 REINFORCEMENT FOR CONCRETE
13
201-2.2.1 Reinforcing Steel
13
SECTION 203— BITUMINOUS MATERIALS
13
203-6 ASPHALTCONCRETE
13
203-6.4 Asphalt Concrete Mixtures
13
203-6-4.3 Composition of Grading
13
SECTION 210— PAINT AND PROTECTIVE COATINGS
13
210-6 ANTI -GRAFFITI COATINGS
13
SECTION 215 — MANUFACTURED FACILITIES
14
215-1 RESTROOM BUILDING
14
SECTION 216 — WATER DISPENCING UNITS
14
216-1 BOTTLE FILLER
14
PART 3 CONSTRUCTION METHODS
14
SECTION 300 ---EARTHWORK
14
300-1 CLEARING AND GRUBBING
14
300-1.3 Removal and Disposal of Materials
14
300-1.3.1 General
14
300-1.3.2 Requirements
15
300-1.5 Solid Waste Diversion
15
SECTION 302 ---ROADWAY SURFACING
1s
302-4 EMULSION -AGGREGATE SLURRY
15
302-4.3 Application
15
302-4.3.1 General
15
302-4.3.2 Spreading
15
302-4.3.3 Field Sampling
16
302-5 ASPHALT CONCRETE PAVEMENT
16
302-5.1 General
16
302-5.4 Tack Coat
16
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
16
302-6.6 Curing
16
SECTION 303 --CONCRETE AND MASONRY CONSTRUCTION
17
303-5 CONCRETE WALKS, GUTTERS, ALLEY INTERSECTIONS AND ACCESS RAMPS
17
303-5.1 Requirements
17
303-5.1.1 General
17
303-5.5 Finishing
17
303-5.5.1 General
17
303-5.5.4 Gutter
17
SECTION 310 --- PAINTING 17
310-5 PAINTING VARIOUS SURFACES 17
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 17
310-5.6.6 Preparation of Existing Surfaces 17
310-5.6.7 Layout, Alignment, and Spotting 17
310-5.6.8 Application of Paint 18
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJE
CONTRACT NO. C-5541
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. P -5231-S); (3) the City's
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2009 Edition), including supplements; (5) American Public Works
Association Standard Specifications and Drawings, (Latest Edition). Copies of the
City's Standard Special Provisions and Standard Drawings may be purchased at the
Public Works 7 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 majority of the work necessary for the completion of this
contract include:
• Remove existing restroom building and its foundation/footing;
• Remove existing abandoned picnic shelter reinforced concrete columns;
• Remove existing timber retaining wall;
• Construct masonry retaining wall;
• Sandblast existing concrete retaining wall surfaces;
• Construct building pad for new restroom building;
• Make utility connections for new restroom building;
• Reconstruct the play area concrete slab;
• Reconstruct concrete sidewalks;
• Reconstruct parking lot driveway approach, curb ramps and ribbon gutter;
SP1 of 18
• Slurry seal existing parking lot;
• Restripe parking lot;
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete this Section and replace with the following: "The Contractor shall, prior to the
beginning of work, inspect the project for existing survey monuments and then schedule
a meeting with the City Surveyor to walk the project to review the survey monuments.
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Record of
Survey or Corner Records with the County of Orange upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work."
2-9.2 Line and Grade
Add to this section: "The Contractor's California Licensed Land Surveyor shall
utilize/follow the existing City survey records used for the project design to provide all
construction survey services that are required to construct the improvements. The
design surveyor for this project is DMS Consultants, Inc. and can be contacted at
(714) 740-8840. At a minimum, two (2) sets of cut -sheets for all areas shall be included
in the bid price and copies of each set shall be provided to City 48 -hours in advance of
any work. In addition, the filing of a Corner Record and/or a Record of Survey with the
County Surveyor's Office is required after the completion of Work. Prior to any
demolition Work the Contractor shall prepare and submit the Corner Records for review
by the City a minimum of three (3) working days before the anticipated Work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup Replace this section with the following:
"(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
69i3•ii[3
To the sum of the costs and markups provided for in this subsection, one (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 (prior to any markups) of such work. A
markup of 10 percent on the first $5,000 of the subcontracted portion of the extra
work and a markup of 5 percent on work added in excess of $5,000 of the
subcontracted portion of the extra work may be added by the Contractor.
SECTION 4 - CONTROL OF MATERIALS
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used in the work until it has been inspected and
accepted by the Engineer. The Contractor shall furnish the Engineer full information as
to the progress of the work in its various parts and shall give the Engineer timely (48 -
hours minimum) notice of the Contractor's readiness for inspection. Submittals are
required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor."
SECTION 5 - UTILITIES
5-1 LOCATION
Add the following after the 3rd paragraph: "Within seven (7) Calendar days after
completion of the work or phase of work, the Contractor shall remove all USA utility
markings. Removal by sand blasting is not allowed. Any surface damaged by the
removal effort shall be repaired to its pre -construction condition or better."
5-2 PROTECTION
Add the following: In the event that an existing pull or meter box or cover is damaged
by the Work and is not re -useable, the Contractor shall provide and install a new pull or
meter box or cover of identical type and size at no additional cost to the City.
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5-7 ADJUSTMENTS TO GRADE
The Contractor shall adjust or replace to finish grade all City -owned water meter boxes,
water valve covers, sewer manholes, sewer cleanouts and survey monuments.
The Contractor will be required to contact Southern California Edison, The Gas
Company, AT&T Telephone, cable television, and any other utility facilities to have their
existing utilities adjusted to finish grade. The Contractor shall coordinate with each
utility company for the adjustment of their facilities in advance of work to avoid potential
delays to the Project Schedule.
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.
6-1.1 Construction Schedule
No work shall begin until a "Notice to Proceed" has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to the pre -construction meeting.
Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6-7 TIME OF COMPLETION
6-7.1 General
Add to this Section: "The Contractor shall complete all work under Contract within 50
consecutive working days after the date on the Notice to Proceed. The schedule for this
Project will be as follows:
- City Council Project Award: April 22, 2014
- Notice To Proceed: June 16, 2014
- Project Completion: August 25, 2014
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Since the prefabricated restroom building is a long lead time item, the Public Works
Department will accept from Contractor the necessary documents/submittals/cut-sheets
for processing and approval prior to City Council Award. The Contractor at its own cost
and risk, may want to order the Building immediately after City Council Project Award.
The unavailability or delayed delivery 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 4th, 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 the holiday falls
on a Sunday, the following Monday will be considered the holiday. If the holiday falls on
a Saturday, the Friday before will be considered the holiday."
6-7.4 Working Hours
Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 3:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
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 $1,500.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that the above liquidated damages
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, and continuous sequence so as to
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minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and
the public as a result of construction operations."
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
Add to the end of this section: If the Contractor elects to use City water, he shall
arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of
the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly
charge for meter use, a charge for water usage and any repair charges for damage to
the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing of such water.
7-5 PERMITS Replace this section with "This project is 'permit -ready' . The
Contractor shall obtain building permit from the City of Newport Beach Building
Department. City of Newport Beach plan check, building permit and inspection fees will
be waived."
7-7 COOPERATION AND COLLATERAL WORK
Add to this section: if needed, City forces will perform all shut downs of water facilities
as required. The Contractor shall give the City seven calendar days notice of the time
he desires the shutdown of water and/or sewer facilities to take place.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. The City must approve any nighttime work in
advance. It is the Contractor's responsibility to notify the affected business and
residents of the upcoming water shutdown with a form provided by the Engineer at least
48 hours minimum in advance of the water shut down."
7-8 WORK SITE MAINTENANCE
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7-8.4.3 Storage of Equipment and Materials in Public Streets
Delete the first paragraph and add the following: Construction materials and equipment
may only be stored onsite if approved by the Engineer in advance. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. The Contractor shall obtain the Engineer's approval of a site for storage of
equipment and materials prior to arranging for or delivering equipment and materials to
the site. Prior to move -in, the Contractor shall take photos of the laydown area. The
Contractor shall restore the laydown area to its pre -construction condition. The
Engineer may require new base and pavement if the pavement condition has been
compromised during construction.
7-8.6 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
Manua/ which is available for review at the Public Works Department or can be found
on the City's website at www.newportbeachca.00v/publicworks and clicking on permits,
then selecting the link Construction Runoff Guidance Manual. Additional information
can be found at www.cleanwaternewport.com."
7-8.6.2 Best Management Practices (BMPs)
Add to this section: The Contractor shall submit a Best Management Practice (BMP)
plan for containing any wastewater or storm water runoff from the project site including,
but not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for fluid leaks.
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 shall 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.
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7-8.7.2 Steel Plates
"Steel plates utilized for trenching shall be the slip resistant type per Caltrans
Standards. In addition, steel plates utilized on arterial highways shall be pinned and
recessed flush with existing pavement surface."
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
Add to this section: The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic
Control Handbook (WATCH), also published by Building News, Inc.
Pedestrian access shall be maintained to the extent possible. The Contractor shall
furnish and install signage, barricades, construction fencing, delineators, yellow safety
ribbon, and any other measures deemed necessary by the Engineer to safely direct the
public around areas of construction. Such measures shall be shown on the Detailed
Traffic Control Plans (see Section 7-10.3)."
7-10.3 Street Closures, Detours and Barricades
Add to this section: The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the WORK AREA
TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and
detours shall incorporate the following items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
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.
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The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7-10.5 "No Parking" Signs
The Contractor shall install, maintain in place, and 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 of the posted "NO PARKING -TOW AWAY" signs. The signs will
be provided by the City at no cost to the Contractor. However, the City reserves the
right to charge $2.00 per sign following any excessive abuse or wastage of the signs by
the Contractor. The City of Newport Beach "Temporary Tow -Away, No Parking" signs
are available from the Public Works Department.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
7-10.6 Notices to Residents
Ten working days prior to starting work, the Contractor shall deliver a construction
notice to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the Notice.
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 City Council contract award and until completion of work, the Contractor
shall possess a valid General Contractor "A" License issued by the State of
California. At the start of work and until completion of work, the Contractor and all Sub-
contractors shall possess a valid Business License issued by the City of Newport
Beach.
7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS
64 ' r a"
A stamped set of approved plans and specifications shall be on the job site at all times.
In addition, the Contractor shall maintain "As -Built" drawings of all work as the job
progresses. A separate set of drawings shall be maintained for this purpose. These
drawings shall be up-to-date and reviewed by the Engineer at the time each progress
bill is submitted. Any changes to the approved plans that have been made with
approval from the Engineer shall be documented on the "As -Built" drawings.
The "As -Built' shall be submitted and approved by the Engineer prior to final payment
or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material."
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum prices bid for each item of work
shown on the Proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization and Demobilization: Work under this item shall include
providing bonds, insurance and financing, establishing a field office, preparing the BMP
Plan and construction schedule, and all other related work as required by the Contract
Documents. It shall also include work to demobilize from the project site including but
not limited to site cleanup, removal of USA Markings and providing any required
documentation as noted in these Special Provisions.
Item No. 2 Traffic Control: Work under this item shall include delivering all required
notifications and temporary parking permits, post signs and all costs incurred notifying
residents. In addition, this item includes, if required, preparing traffic control plans
prepared and signed by a California licensed traffic engineer, and providing the traffic
control required by the project including, but not limited to, signs, cones, barricades,
warning tapes, and site protection construction fencing. This item includes furnishing all
labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual,
Latest edition, and City of Newport Beach Requirements.
Item No. 3 Remove Existing Restroom Building and Reinforced Concrete
Columns: Work under this item shall include turning off the wet and dry utilities that
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serve the existing restroom building, removing and disposing of the existing restroom
building and its interior contents, disposing of the existing building pad/foundation,
disposing of the abandoned picnic shelter reinforced concrete columns, and all other
work items as required for performing the work complete and in place.
Item No. 4 Sandblast Existing Concrete Retaining Wall Vertical Surfaces: Work
under this item shall include all labor, equipment, and materials needed to medium wet
sandblast the existing concrete retaining walls not designated for reconstruction near
the existing restroom building. The cost of preventing construction debris from
depositing onto the sand lot below the concrete retaining walls shall be made a part of
the price bid.
Item No. 5 Reconstruct Retaining Wall: Work under this item shall include all
labor, equipment, and materials needed to remove and dispose of the existing timber
retaining walls identified on the Plans and construct reinforced concrete retaining wall
and foundation per the applicable details shown and listed on the plans and the
standard specifications. The existing trees along the top of the existing wall shall be
protected in place. The cost of replacing these trees in-kind in case of damage by the
work shall be borne by the Contractor.
Item No. 6 Apply Anti -graffiti Protective Coating: Work under this item shall include
all labor, equipment, and materials needed to apply two coats of anti -graffiti protective
coating onto the new and sandblasted concrete retaining wall vertical surfaces per
manufacturer instructions.
Item No. 7 Install Restroom Building: Work under this item shall include all labor,
equipment, and materials needed to construct the building pad shown on the Plans and
Specifications, make arrangements with the restroom building builder, make all
preparations required by the restroom builder to transport, receive, and install the
restroom building specified by the contract documents, make all required wet and dry
connections, and perform all other work after the building has been placed for a
complete and tested fully functional building. The cost of all repairs required to restore
the park site improvements to their pre -project condition in-kind shall be made a part of
the price bid for this Item.
Item No. 8 Install Bottle Filler: Work under this item shall include all labor,
equipment, and materials to furnish and install and connect bottle filler unit adjacent to
the Restroom Building per manufacturer's specifications.
Item No. 9 Coordination With Shade Structures Contractor: Work under this item
shall include all labor, equipment, and materials needed to make arrangements and
coordinate the sequence of work with the City's shade structures contractor, USA
Shade, to install the new shade structure posts. Upon installation by USA Shade, the
Contractor shall make all arrangements and measures to protect the new support posts
in place until the City has taken over the project. Arrangements with USA Shade shall
be made with Ms Fulya McWilliam, Regional Manager, at Mobile: (949) 466-4413 or
Office: (714) 656-4564.
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Item No. 10 Reconstruct 6 -Inch Thick P.C.C. Slab: Work under this item shall
include all labor, equipment, and materials needed to remove and dispose of the
existing P.C.C. slab and construct minimum 6 -Inch thick integrally colored PCC slab on
contractor furnished compacted sand layer, recompacted subgrade, and dowelling.
The 3' X 3' diamond saw cut pattern shall be pre -approved by the Engineer prior to
cutting. The cost of replacing concrete slabs that were damaged by the sawcutting
shall be borne by the Contractor.
Item No. 11 Reconstruct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall
include all labor, equipment, and materials needed to remove and dispose of the
existing sidewalk, compact the existing subgrade, and construct minimum 4 -inch thick
P.C.C. sidewalk, and all other work items as required to complete the work in place.
Any existing turf areas and/or irrigation systems damaged by the work shall be repaired
in-kind at no cost to the City.
Item No. 12 Reconstruct P.C.C. Ribbon Gutter: Work under this item shall include
all labor, equipment, and materials needed to remove and dispose of the existing
parking lot ribbon gutter, compact the existing subgrade, construct 18" wide P.C.C.
ribbon gutter, and all other work items as required for performing the work complete and
in place. The cost of constructing the 1 -foot wide by 1 -foot deep full -depth asphalt
concrete patchback on both sides of the new ribbon gutter shall be a part of the unit
price bid. Any existing turf areas and/or irrigation systems damaged by the work shall
be repaired in-kind at no cost to the City.
Item No. 13 Remove and Construct P.C.C. Driveway Approach: Work under this
item shall include all labor, equipment, and materials needed to remove the existing the
existing and construct a new P.C.C. driveway approach and all other work items as
required to complete the work in place. The cost of constructing the 1 -foot wide by 1 -
foot deep full -depth asphalt concrete patchback on both sides of the new ribbon gutter
shall be a part of the unit price bid.
Item No. 14 Remove and Construct P.C.C. Access Ramp: Work under this item
shall include removing existing improvements and constructing P.C.C. access ramps
complete with the required Wausau detectable warning concrete surface tile per the
contract documents. Any existing turf areas and/or irrigation systems damaged by the
work shall be repaired in-kind at no cost to the City.
Item No. 15 R1 Stop Sign: Work under this item shall include installing a R1 traffic
sign on a 2" X 2" aluminum collapsable unistrut with stainless steel mounting hardware
complete in place.
Item No. 16 Traffic Striping and Painting: Work under this item shall include
installing traffic striping, pavement legends and markings, repainting all existing colored
curbs within the parking lot, and all other work items as required to complete the work in
place.
Item No. 17 As -Built Plans. Work under this item shall include all actions necessary
to provide as -built drawings. These drawings must be kept up to date and submitted to
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the Engineer for review prior to request for payment. An amount of $500.00 is
determined for this bid item. The intent of this pre-set amount is to emphasize to the
Contractor the importance of as -build drawings.
9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the
following: "From each progress estimate, five (5) percent will be retained by the
Agency, and the remainder less the amount of all previous payments will be paid."
Add to this section: "Partial payments for mobilization and traffic control shall be
made in accordance with Section 10264 of the California Public Contract Code."
PART 2 CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class
Add to this section: Portland Cement Concrete for construction shall be Class 560-C-
3250.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2.1 Reinforcing Steel
Add to this section: Reinforcing steel shall be epoxy coated Grade 60 steel conforming
to ASTM A- 615 with 2 -inch minimum cover unless shown otherwise on the plans.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.4 Asphalt Concrete Mixtures
203-6-4.3 Composition of Grading
Add this Section: Asphalt Concrete shall be C2 64-10.
SECTION 210 — PAINT AND PROTECTIVE COATINGS
210-6 ANTI -GRAFFITI COATINGS
Add this section: The anti -graffiti coating to be applied to the sandblasted and new
masonry retaining wall surfaces shall be manufactured by Vitrocem, Inc.
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SECTION 215 — MANUFACTURED FACILITIES
215-1 RESTROOM BUILDING
Add this section: The manufactured restroom building to be furnished and installed for
this project shall be comply with the Prefabricated Restroom Building Technical
Specifications attached to the end of these Special Provisions.
SECTION 216 — WATER DISPENCING UNITS
216-1 BOTTLE FILLER
Add this section: The bottle filler unit to be furnished and installed for this project shall
be Model No. 10125 SMSS as manufacturered by Most Dependable Fountains, Inc.
(MDF). Color to be selected by the City upon City Council project award.
PART 3 CONSTRUCTION METHODS
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
http://newportbeachca.govlindex.aspx?page=157 and then selecting the link Franchised
Haulers List."
300-1.3.1 General
Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of
the Standard Specifications for Public Works Construction except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. Contractor shall meet with
the Engineer to mark out the work areas.
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The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items."
300-1.3.2 Requirements
(c) Concrete Walk, Gutters, and Alley Intersections. Replace the first sentence
of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches."
Replace the words " 1 '/2 inch" of the last sentence with the words "two (2) inches".
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation
from the recycling facility. All material disposal manifests shall be
Engineer prior to release of final retention."
SECTION 302 ---ROADWAY SURFACING
302-4 EMULSION -AGGREGATE SLURRY
302-4.3 Application
302-4.3.1 General
documentation
provided to the
Add to this section: `Type II slurry shall be applied at the rate of 13 pounds per square
yard".
302-4.3.2 Spreading
Replace the first sentence of the second paragraph with, "Slurry seal shall be
sufficiently cured for vehicle traffic without tracking or damage to the surface by
3:00 p.m. on the same day. In case of damage done by vehicles and/or
pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the
Contractor shall replace all of the damaged work at the Contractor's expense and
no additional compensation shall be made by the City. Upon the completion of
the day's slurry, parking lot shall be temporary striped. Final striping shall be
installed no more than ten (10) working days after placement of slurry."
Replace the first sentence of the third paragraph with, 'Prior to the slurry
application, the Contractor shall clean all work surfaces and remove all loose
materials, vegetation, oil, and other foreign material. Additionally, all weeded
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locations shall be treated by an approved weed -killer before any slurry shall be
applied."
302-4.3.3 Field Sampling
Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal
test sections within the construction limits for each batch of slurry mix. The
Contractor shall apply the slurry test sections as directed by the Engineer. No
slurry shall be applied until the test slurry sections have been approved the
Engineer. The costs of these slurry tests shall be included in the contract price
paid for slurry seal and no additional compensation shall be made by the City to
the Contractor. Field samples that do not meet the requirements of Table 301-
4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost
associated with the re -testing."
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
Add to this section: "All cracks'/ -inch or greater in width shall be cleaned, have
weed kill applied and sealed with a hot -applied crack sealant approved by the
Engineer. In residential areas no highway rated equipment or trucks are to be
used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier
rated trucks must be approved by Engineer. The top 1-% inches of asphalt
(finish course) shall be placed in a separate lift. Holes, spalls, and cracks
greater than 1 -inch in width shall be filled and compacted 95% minimum with an
F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a
power broom."
302-5.4 Tack Coat
Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of
Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a
gallon per square yard shall be uniformly applied to existing A.C. and P.C.C.
surfaces and edges against which asphalt concrete is to be placed."
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.6 Curing
Add to this section: "The Contractor shall not open the new improvements to
public use until the P.C.C. has attained the minimum compressive strength
specified in Section 201-1.1-2 of the Standard Specifications. Said strength may
be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by
the use of additional Portland cement or admixtures with prior approval of the
Engineer."
SP 16 of 18
SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE WALKS, GUTTERS, ALLEY INTERSECTIONS AND ACCESS
RAMPS
303-5.1 Requirements
303-5.1.1 General
Add to this section: "Sidewalks and other concrete flatwork shall not be opened
to the public until the improvements have been completed to the satisfaction of
the Engineer."
303-5.5 Finishing
303-5.5.1 General
Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick
within private property at locations shown on the plans in a manner that matches
the adjoining existing private property in structural section, texture and color."
303-5.5.4 Gutter
Add to this section: "The Contractor shall hold the flow line tolerances to within
0.01' of those elevations shown on the plan."
SECTION 310 --- PAINTING
310-5 PAINTING VARIOUS SURFACES
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310-5.6.6 Preparation of Existing Surfaces
Modify and amend this section to read: "The Contractor shall remove all existing
thermoplastic traffic striping and pavement markings prior to application of slurry
seal by a method approved by the Engineer."
310-5.6.7 Layout, Alignment, and Spotting
Modify and amend this section to read: "The Contractor shall perform all layout,
alignment, and spotting. The Contractor shall be responsible for the
completeness and accuracy of all layout alignment and spotting. Traffic striping
shall not vary more than 1/2 inch in 40 feet from the alignment shown on the
plans. The Contractor shall mark or otherwise delineate the new traffic lanes and
SP 17 of 18
pavement markings within 24 hours after the removal or covering of existing
striping or markings."
310-5.6.8 Application of Paint
Add to this section: "Temporary painted traffic striping and markings shall be
applied in one coat, as soon as possible and within 24 hours after the finish
course has been applied.
Paint for temporary traffic striping and pavement markings shall be white
Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline
2000 as manufactured by Morton. These temporary paints shall be applied at
15 mils wet.
The final striping for all painted areas shall be sprayable reflectorized
thermoplastic. The sprayable reflectorized thermoplastic pavement striping
shall not be applied until the paving has been in place for at least 15 days. The
thermoplastic shall be applied at 0.25 mm minimum thickness for all striping
except crosswalks and limit lines — which shall be 0.90 mm minimum thickness.
Primer shall be applied to concrete surfaces prior in application of
thermoplastic striping. The primer shall be formulated for the intended
application.
If the Contractor fails to perform striping as specified herein, the Contractor
shall cease all contract work until the striping has been properly performed.
Such termination of work shall require the Contractor to re -install "NO
PARKING, TOW -AWAY" signs and re -notify the affected residents, at the
Contractor's sole expense. In addition, if the Contractor
removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, he shall re-stripe/replace such work items at no cost
to the City.
The Contractor shall fully comply with the following PREFABRICATED
RESTROOM BUILDING TECHNICAL SPECIFICATIONS which augment, sections of
the Standard Specifications for Public Works Construction.
SP 18 of 18
City of Newport Beach
SAN MIGUEL PARK RESTROOM REPLACEMENT PROJECT
Contract No. 5541
TS -1
SECTION 130000
PREFABRICATED RESTROOM BUILDING
A. General, Specifications and Clarification of Prefabricated Building and Site Installation
1. This portion of the bid specifications does not follow the CSI standard format as the prefabricated
structure in this bid is an offsite constructed "product' and not `typical' general construction.
2. The installation of the product on site is general construction, which must be coordinated
between the general contractor and the subcontractor. Specifications for the building
foundation/pad shall be provided herein by the specified design/build subcontractor. Due to the
responsibility of the specified building subcontractor for architecture, engineering and a five-year
warranty, the site pad/foundation must meet the subcontractor's design so the pad and building
can be considered from a single source for warranty purposes. The subcontractor must accept
the pad and compactions tests before they take responsibility for the entire system under their
warranty.
B. Architectural Design/Engineering and Insurance Responsibility
1. While the city has provided bid specifications and a design for the building, the building
design/build subcontractor remains legally responsible for architecture, engineering, and all
applicable building, safety, health, fire, and accessibility code compliance. Since they hold
professional design responsibility to the owner, the building subcontractor must furnish
certification that they provide product liability insurance in the amounts required by the general
specifications to cover property damage and personal infurv. Final drawings shall be stamped
by a California engineer and California Department of Housing, suitable for local permitting.
C. Errors and Omissions Insurance
1. The building design/build subcontractor must also provide an additional Professional Architectural
and Engineering Errors and Omissions insurance, in the minimum amount of $1,000,000, to
cover claims against the owner or the general contractor for State and Federal ADA
accessibility and other design/engineering code issues. This Errors and Omission Policy
must remain in effect for 5 years from the completion and owner acceptance of the project.
Products liability insurance (since it does not cover professional design responsibility only) will be
insufficient for this bid and will be cause for rejection of the bidder.
D. Insurance for the Building offsite, while in transit, and/or on site until turnover and final owner
acceptance
1. The subcontractor may request invoicing for a percentage of building completion in -plant,
monthly. Under UCC law, this means that the subcontractor is turning over responsibility for the
portion invoiced to the owner yet the building will not be on the owner's property and may not be
covered by the owners insurance. Therefore, the building subcontractor must provide a separate
insurance policy insuring the owner and general contractor as additionally insured for liability,
damage and/or vandalism to the building while in the manufacturing facility, while in transit,
and/or while in storage at a certified bonded storage facility or at the final project site for up to
$200,000 for each prefabricated building module, until the building is final accepted by owner.
E. General Contractor Coordination with Design/Build Subcontractor
1. The specified prefabricated public restroom building requires coordination between the General
Contractor (who prepares the site pad and delivery access for the prefabricated storage building)
and the prefabricated restroom building subcontractor (who completes the architectural design,
engineering, off-site building construction, delivery and installation on site.) The specified
prefabricated restroom building specifications include unique components/systems which are
custom to the restroom building subcontractor. Since the restroom subcontractor is responsible
for design, additional insurance requirements for errors and omissions is required.
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 1 of 8
General Contractor, General Scope of Work
1. The general contractor for this project is responsible for the site survey and staking the building
location, finished slab survey elevations and marking on site, construction and compaction of the
required building pad; access to the site for a large crane and tractor trailers delivering the
prefabricated building; providing water, sewer, and power at a point of connection (POC) within 6
feet of the building and at the depth required by the building subcontractor and local code; and
the installation of any sidewalks outside the building footprint.
2. The general contractor is responsible for verification to the building subcontractor design/build
firm that there are no unanticipated site delivery issues such as overhead wires, trees, tree roots,
or existing grade changes and that prevent a clear path of travel between a roadway and the final
site exists for a tractor trailer and crane to expedite delivery. The design/build subcontractor
requires that the general contractor certify that the required delivery crane must be able to set the
building module/modules within 35' distance from the center of the building to the center of the
crane hoist.
G. Prefabricated Restroom Building, General Scope of Work:
1. The prefabricated restroom building specialist will provide to the general contractor, architectural
drawings and engineering calculations under the responsibility of a licensed engineer, in
compliance with all local, state and federal codes. The design/build subcontractor shall construct
the building offsite as a permanently relocatable building, transport it to the final required
destination, and install the building turnkey, (to 6' from the building footprint) on a general
contractor prepared pad per the drawings included in this bid.
H. Licensing:
The subcontractor must comply with all the State of California; Department of Housing prefabricated
"Commercial Coach requirements" as follows:
1. The building manufacturer must be licensed by the State of California, Department of Housing as
a manufacturer for the last five years, to verify experience.
2. Submit a copy of the all the current licenses for verification with bid.
3. The selling dealer must be a California licensed dealer and present their license for verification
with the bid.
4. The licensed dealer must also possess a State of California Contractors License Board Class B
License and present their license for verification with the bid.
L Bid Standard for the Prefabricated Restroom Building
1. The City of Newport Beach understands that there are several firms who design and build various
types of public restroom buildings in varying quality and architectural styles, using similar or
different construction methods and materials. For the purpose of this bid, the owner has selected:
Public Restroom Company, 9390 Gateway Dr. Suite 102, Reno, Nevada, 89521 and specifies
herein that this firm is the standard for architectural design (safety, sustainable design, code
compliance, and site specific compatibility.) PRC is also the standard of building performance and
quality for the 50 year building design -life with low -maintenance based upon the longevity of the
materials selected. PRC contact information is (888-888-2060 extension 113 telephone, and
888-888-1448 fax.)
J. "Or Equal Restroom Design/Build Subcontractors"
1. The City of Newport Beach may also allow other firms to become qualified to bid but any firms so
authorized to bid must comply with the bid specifications and plans, or be subject to post bid
rejection.
2. In order to provide full and open competition, other firms may request approval as "or equal." The
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 2 of 8
following items must be provided to the City in accordance with substitution requirements
outlined in the project specifications. Failure to supply these items will result in bid rejection.
a) Or Equal applicant shall provide with their bid submission, scaled floor plans and elevations,
to show general architectural design criteria is met.
b) Or Equal applicant shall provide with their bid submission, a written list of each and every
deviation from the published bid specifications/plans. Lack of specificity to each deviation
from the bid specifications will be cause for rejection.
c) Or Equal applicant shall provide their bid submission, manufacturer's certification of test
compliance from a national independent testing laboratory (within the past year) to support
the claim for absorption resistance of the slab type that will be used in their proposed
restroom . The written report must state the concrete compressive strength (minimum of
7,000 PSI) and absorption resistance (not greater than 3%) per ASTM standard #C39 and
#C642, respectively.
d) Or Equal applicant must provide a list of every building they designed and built over the last 3
years utilizing the same building materials/systems design criteria as published in this bid.
Provide date of building bid, date of completion, and most knowledgeable owner contact.
e) Or equal applicant shall provide certification of the special insurance required in this bid.
f) Or Equal applicant shall be responsible for and bear all cost for architecture, plan checks,
design and structural engineering and all fees in obtaining approvals and permits from
applicable agencies.
3. The City of Newport Beach will be solely responsible for the decision to accept or reject the "or
equal" submission.
K. Certificate of Off-site Inspection and Construction Compliance, Provision for Maintenance
Manuals, and Warranty
1. The off-site restroom construction requires that a licensed third party inspection firm provide the
owner and the local building official with certification and compliance for the building with the
approved plans and specifications. A certificate of compliance shall be issued by this inspector to
the local building official to provide certification that the building meets and or exceeds the
approve plans and applicable codes including the current California Green Building Standards
Code.
2. At the project conclusion, the building subcontractor shall furnish two sets of complete
maintenance manuals including a trouble shooting guide, location of manufacturers of key
components for replacement parts together with final as -built plans, and a five (5) year warranty
to the owner or general contractor.
L. Site Scope of Work by General Contractor
The general contractor shall prepare the restroom building subgrade to receive the prefabricated
building in accordance with the bid documents.
1. The building pad shall be excavated to 14" deep from the final building concrete slab elevation in
accordance with the drawing titled "foundation pad design."
2. The building pad shall meet a 90% compaction in lifts using class 2 base for the first four inches
and coarse sand for the last two inches of the pad, leaving the finished sub grade pad elevation
at finished floor, minus 8".
3. The General Contractor shall provide water point of service at 30" below finished building slab;
sewer at 24" below the finished building slab; and electrical at 36" below the finished building slab
or other per bid plans.
4. General Contractor shall coordinate with restroom subcontractor to provide full site delivery
access for a 70' tractor -trailer and hydro crane to the final building site.
5. If the final site access is over existing sidewalks, utilities, or landscaping, the General Contractor
shall be responsible for plating and or tree trimming, utility line removal, or other to protect any
existing conditions.
San Miguel Park
Technical Spec
PREFABRICATED BUILDINGS
Section 13000
6. The hydro crane must be able to locate no greater than 35' from the center point of the building to
the center point of the crane.
7. The utilities shall be furnished per bid site plans at specified points of connection (POC) nominally
6' from the building line.
8. General contractor shall furnish and install final grading, landscaping and sidewalks.
M. Connection to Utilities
1. The restroom subcontractor will furnish Electrical, Water, and Sewer at the proper POINT OF
CONNECTION AND AT THE PROPER ELEVATION BELOW GRADE, for this project. Restroom
subcontractor shall provide final hook up of the water from building to POC; sewer hookup to
POC; and electrical sleeve from building panel to POC only. Final utility connections shall be by
General Contractor or others. General contractor shall flush the water lines thoroughly before
making final water connection to the building.
N. Concrete Slab, Required Independent Testing Laboratory Certification:
1. The prefabricated building slab special concrete technology is water and urine resistant for life
due to special additive technology. The building subcontractor must furnish a test certification
from a national independent testing laboratory to support the claim for absorption resistance. The
written report must state the concrete compressive strength (minimum of 7,000 PSI) and
absorption resistance (not -greater than 3%) per ASTM standard #C642 and #C39 respectively.
Since this non -absorbency capability is so significant, the design/build subcontractor must provide
a general certification of compliance.
O. Prefabricated Restroom Building:
1. The City of Newport Beach has evaluated several prefabricated restroom building subcontractors.
This bid requires such a building be used in lieu of site built traditional construction because of
the unique built-in advantages guaranteed by the design/build firm. This technology includes
many new innovations such as non-absorbent concrete; anti -microbial components to reduce
health risks; built in vandal resistance design; lowered maintenance and long term warranties that
reduce owner risk for failure. The specifications below are written around this new technology.
P. Mat Engineered Concrete Building Slab/Foundation:
1. The mat engineered 8" thick slab/foundation shall be engineered and constructed to withstand the
transportation weight of the building without cracking and to resist absorption from any liquids
deposited on the surface. The concrete slab shall be constructed inside a steel angle curb,
reinforced with dual mats (tension and compression,) and poured with a custom concrete formula
with special admixtures to create a finished slab that is water proof for life.
2. Perimeter Steel Curb: 5116" 50,000 kip steel 6" X 6" welded continuous angle.
3. Rebar Steel Mat: Two layers of 40,000 tensile steel rebar in varying sizes per engineers
requirements, including a perimeter structural continuous grade beam design inside the exterior
steel angle and at any other location deemed by the engineer of record as required for the use
intended. In coastal locations or when required for corrosion resistance rebar shall be epoxy
coated or fiberglass to resist permanent corrosion. Rebar mats shall be wire tied to code with a
minimum of three turns of the wire and overlaps shall be minimum of 15 diameters for any
connection.
4. All slab openings shall be surrounded with two layers of steel collars as required by the engineer
of record to stop corner cracking and to reinforce the openings for lifting.
5. 1" thick by 3" minimum length threaded nuts shall be welded to the steel perimeter frame with
continuous %" fillet welds. Nuts shall be welded to common steel plates per the engineer of
records design and attached to the interior steel rebar structural mats.
6. The engineer of record shall provide lifting locations with sufficient reinforcement to allow the safe
lifting of the entire designed weight of the structure with dual 1" steel bolts and washers at each
lifting location. The number of lifting locations with each location fitted with removable %" 8" X 8"
50,000 tensile strength steel angles shall be determined by the engineer of record.
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 4 of 8
7. The slab shall be poured over a 1" thick steel plate table. The concrete mix design shall not
exceed a 3" slump and shall be stinger vibrated for maximum consolidation. All floors shall slope
to any floor drains within each room and if no floor drain is present the floor should not slope. The
surface shall be a very light broom that should meet a coefficient of friction on the surface of .06.
Birdbaths shall be cause for rejection.
8. The steel perimeter angle will remain below the concrete surface by nominal two inches to
prevent corrosion. After the site concrete sidewalks are poured, the joint shall be full -flow sealed
with self -leveling grey urethane caulk to prevent penetration of water into the joint.
9. The building shall be designed for future relocation and shall provide protection for the lifting
openings in the mat slab so that the threaded openings will be available for future use if needed.
10. The building system shall be designed for placement on a general contractor site prepared class
2 building pad/and or footings as required by code, per the bid documents, suitable for 1500
pounds soil bearing capacity minimum. Any soils survey (if necessary) shall be by owner or
engineer of record.
Q. Exterior & Interior Masonry Block Walls
1. The exterior walls shall be 4" thickness per State of California codes or engineering for wind and
seismic. The interior walls shall be 4" block to nominally 7'-4" above finished floor and framed with
applicable required finishes above for pony and gable walls. A structural steel tubular .188 wall
cap beam shall be welded to 5/16" 40,000 kip steel plate embeds, at intervals per the engineer of
record, within the masonry wall.
2. The 8" mat engineered concrete slab shall be cured a minimum of 7 days. Holes for vertical
dowels shall be drilled into the mat engineered slab avoiding any grade beams or other structural
reinforcement. Once the holes are drilled, blow out the remaining material and using two part
structural epoxy, wet set the #3 or #4 vertical rebar (as specified on the engineering calculations
into holes drilled to the depth per the engineer of record requirements. Each rebar shall be held
vertical to allow equal epoxy support to each dowel during the drying period. Engineering
calculations require that rebar shall be installed in each concrete block center void or every block
hole. The engineered uplift on each rebar shall be sufficient to restrain any load imposed on the
masonry block wall for vertical rebar pull out from the concrete mat engineered slab.
3. The block walls shall be nominal 8" x 16" CMU. The building corners shall have special corner
return block that matches the exterior finish and creates a uniform appearance. All 4" CMU shall
be custom fabricated with an enlarged interior hole for placement of the grout and vertical rebar.
R. Roof System
1. The roof structure shall be 2" x 6" wood rafters at 24" on center with 5/8" OSB sheathing. The
exterior finish shall be 26 gauge standing seam metal roofing over a 30 pound felt paper, over a
structural exterior shear panel. The rake and fascia shall be 14 gauge formed steel painted with
two coats, color selected by owner.
2. The roof design shall exceed compliance with local code at 20 PSF live load and wind load "C".
3. The restroom ventilation screens (described in a following section) shall be attached to the truss
frames and non -removable by vandals. Roof color shall be determined by owner.
S. Interior Wall Finish:
1. Interior precision CMU block masonry walls (Restroom) shall be smoothed to a pebble grain finish
with 2-4 mil layers of 7 -day curing block fillers and painted with two additional 4 mil layers of
industrial high solids (white) industrial grade enamel. Pony, gable walls, and ceiling shall be
wood -framed, sheared, and surfaced with fiber cement board, stucco -pattern and painted white
with industrial high solids enamel.
T. Exterior Wall Finish, Masonry and Gable
1. The building exterior finishes shall be precision 8" x 16" CMU to wall height per the exterior
elevations in the bid plans. The precision block shall be finished with Stuc-o-Flex elastomeric
acrylic stucco and painted with two 4 mil layers of industrial high solids, gloss enamel, to a 4 mil
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 5 of 8
thickness. Color selected by Owner. The gable ends above the cap beam shall be surfaced with
W plywood, surfaced with fiber -cement board, then finished with Stuc-o-Flex elastomeric acrylic
stucco and painted with two 4 mil coats of industrial, high -solids enamel. Color to be selected by
owner.
U. Natural Gable Ventilation System (Restroom)
1. Shall be woven W X 1.5" X 1.5', 304T,stainless steel woven crimp -stop wire mesh set into
stainless steel welded frames. Pre -shipment building protection includes plywood shipping panels
fastened to the stainless steel ventilation screens.
V. Doors and Gates
1. All entry doors shall be 7' 0" high, custom fabricated, 14 gauge steel; reinforced with concealed
14 gauge steel ribs welded at 6" intervals on each face, reinforced with a welded plate for door
closer mounting. The doors shall weigh nominally 176 lbs each for a 36" X 84" door. Custom
fabricated 14 gauge steel door jambs with 4" steel heads shall be welded to the steel cap beam
and be solid filled with 3000 psi masonry grout mix. Doors shall be painted with two coats, color
selected by owner.
2. The hinges shall be a single continuous, 1 million cycle, aluminum gear hinge with stainless steel
vandal -resistant screws at nominal 4" on center.
3. Stainless steel vandal resistant fasteners shall be used on all hardware.
4. All entry doors shall have a 1/8" thick plate stainless steel 7 -shaped" anti -microbial pull handles
with integral latch guard and Schlage B-600 series commercial series dead bolts.
5. The door closers (restroom entry doors) shall be "LCN" heavy duty #4210 Series, fastened to a
structural reinforced welded door plate per manufacturer design.
W. Specialties
1. All specialty washroom equipment shall be commercial grade stainless steel fastened securely to
walls with vandal resistant stainless steel screws to avoid removal by vandals as follows:
2. Toilet paper holder shall be a covered, three -roll, 18 gauge stainless steel with lock. Toilet paper
holders shall be attached to block walls with 4 epoxy bedded vandal resistant stainless steel
fasteners.
3. Stainless steel grab bars to code shall be 1 %" minimum exposed fastener vandal resistant
design and installed at each accessible water closet.
4. Cast Aluminum T-24 compliant door signs shall be recessed into block surface flush with
masonry exterior. Signs shall have raised pointed Braille tips and shall be blind secured with
epoxy adhesive and stainless steel fasteners.
5. Hand dryers shall be concealed Fastaire HD03, with operating equipment remotely located in
utility chase.
6. The toilet partition walls shall be concrete precision block finished the same as the building
interior walls, structurally reinforced to support load of 350 lbs minimum and raised 12" above
finished floor. The toilet partition doors shall be custom fabricated, W Solid Color Reinforced
Composite (SCRC) panels. The doors are secured by stainless steel fasteners to a continuous
stainless steel spring loaded 54" hinge. There shall be a coat hook on the back of each partition
door.
X. Plumbing:
1. Building shall be fully compliant with all current codes:
a)AII applicable State of California Building Codes. Latest edition applicable.
b)Uniform Plumbing Code. Latest edition applicable.
c)California Green Building Standards Code
2. GENERAL: All components and fabrications shall be designed to reduce life cycle maintenance,
be compatible with current maintenance spare parts, and shall be listed in a spare
parts/maintenance manual (two copies) delivered in utility chase of building.
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 6 of 8
3. WATER PIPING: Shall be appropriately sized for the fixture count and be type L copper soldered
per code above grade and type K with silver solder below grade. All water piping shall be
designed and constructed with high and low point drain fittings. All piping shall be mounted on
Uni-strut wall brackets with neoprene isolators, to code.
4. WATER PRESSURE GAUGE/VALVE COMBO: Install three commercial grade industrial water
pressure gauges, isolation ball valves, 150 PSI pressure regulator with Wye strainer, and check
valve.
5. PLUMBING FAUCETS, ISOLATION VALVES AND ACTUATORS: All fixtures except those with
flush valves shall be isolated with ball valves for each fixture, concealed antimicrobial
impregnated flush handle valves, and metered push-button lavatory faucets.
6. DWV PIPING: DWV piping shall be concealed behind the wall. DWV piping shall be PVC DWV,
solvent welded, for all concealed piping. A cast iron no hub DWV vent pipe with a cast iron roof
mounted vandal cap vent shall be required, through the roof.
7. REMOVABLE PIPE TRAPS: all floor drain, sink drain, and waste traps shall be removable for
maintenance. Floor drains shall be trapped behind the wall in the utility chase using a
combination waste and vent system. Floor drains shall be increased two pipe sizes over standard
to allow code use. Trap primers shall not be used as preferred method of cleaning shall be by
hose down maintenance. All surface mounted utility chase piping shall be mounted on Uni-strut
with plastic isolators, to code. Sink drain traps shall be concealed behind the utility chase walls
where maintenance staff can access all plumbing.
8. PLUMBING FIXTURES: Plumbing fixtures shall be 14 gauge stainless steel manufactured by
Acorn. Toilets shall be wall hung, rear discharge, with concealed anti -microbial, lever -type, flush
valves. Toilet seats shall be black solid core plastic, non-flammable construction with continuous
stainless steel concealed self -checking hinges. Lavatories shall have concealed remote traps
behind the mechanical wall. Schedule of fixtures:
a. Water Closets: Acorn Penal -Ware, 1675-W-1-HET-FVBO-9-ADA-PFS
b. Water Closet Flush Valve: Zurn Z6143AV-WSI-BG-7L
c. Urinal: Acorn Penal Ware: Acorn 1709HEU-1-0.5 GPF-FVBO
d. Urinal Flush Valve: Zurn Z6195AV-WS1-BG-7L
e. Lavatories: Acorn Penal -ware 1652LRB-1-DMS-03-M-H1
9, FLOOR GRATES: Removable 350 lbs per square foot pultruded fiberglass non-skid floor grates
shall be installed over every opening in the utility chase for OSHA protection/compliance.
10. HOSE BIB: There shall be one Woodford 24B hose bib provided in the utility chase.
Y. Electrical:
1. GENERAL: Electrical system and components shall be commercial grade or better and piping
conduits shall be installed on commercial Uni-strut wall hangers. Interior electrical lighting fixtures
in public areas shall provide lifetime manufacturer's warranty.
2. PANEL/WIRING: One 100 amp main industrial grade Panel Board, Square "D" CIO series, shall
be mounted in the electrical room in the restroom building. All breakers shall be snap -on type,
minimum 10,000 A.I.C. RMS (Sym) at 120/240 vac. Wiring shall be stranded copper wire #12 min
in EMT piping with screw fittings.
3. PIPING: All piping shall be surface mounted to the masonry block walls with minimum of 2"
fastener penetration. EMT conduit shall be compression type. Main panel shall maintain a 30" X
36" safety code required clear space, floor to 6' above finished floor.
4. EXTERIOR LIGHTING: Kenall, Sentinal, S711D 42 watt vandal resistant high impact
polycarbonate lens compact fluorescent fixtures shall be installed per plans.
5. INTERIOR LIGHTING: Kenall, Sentinel S711D twin 13 watt vandal resistant high -impact
polycarbonate lens compact fluorescent fixtures shall be installed per plans. The utility chase
shall have a double tube, 36 watt LED fixture with a single switch at door entry.
6. LIGHTING CONTROL: All interior restroom lighting shall be controlled by a time clock mounted in
the utility chase and 2 bypass switches (one for interior lighting and one for exterior lighting), so
maintenance staff can check operation during daylight hours. A single photo cell, roof mounted,
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 7 of 8
and shall control all exterior lighting.
7. ELECTRICAL OUTLETS: One (1) commercial spec grade duplex outlet shall be provided in the
utility chase adjacent to the panel.
8. HAND DRYER: Shall be concealed, low energy, remote located vandal resistant design. Dryer
shall be mounted in the utility chase with only protruding cast metal air nozzles and start button
accessible to the public at exterior lavatory. Dryers shall be 840 watts, low energy consumption.
Z. Shipping Protection
The building, while traveling over roads to the destination may encounter inclement weather or road
grime that could require substantial cleaning when it arrives on site. The building shall be shrink-
wrapped before transportation and sufficiently strong to arrive at the owner site intact for exterior
finish protection. Materials removed on site shall be disposed of and recycled by restroom building
install staff.
AA. Certifications
Building shall be certified in compliance with the plan approval by the State of California, Department
of Housing and shall be delivered with an applied insignia in compliance with all State regulations.
The local building authority shall provide site inspections for the underground mechanical piping and
final connections, footings, and access issues outside the restroom footprint. Restroom building
subcontractor shall also furnish 5 -year warranty, certifications for the concrete slab specification
compliance, and maintenance manuals for the building and components.
END OF SECTION
San Miguel Park PREFABRICATED BUILDINGS
Technical Specifications Section 13000
Page 8 of 8
CITY OF
1 NEWPORT BEACH
City Council Staff Report
April 22, 2014
Agenda Item No. 6.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov
PREPARED BY: Fong Tse, Principal Civil Engineer
PHONE: 949-644-3321
TITLE: San Miguel Park Restroom Building Replacement Project - Award of Contract No.
5541 (CAP14-0005)
ABSTRACT:
Staff has received favorable bids for the San Miguel Park Restroom Building Replacement
Project and is requesting City Council's approval to award the construction contract to Big Ben,
Inc. of Irvine, California.
RECOMMENDATION:
a) Approve the project plans and specifications;
b) Award Contract No. 5541 to Big Ben, Inc. for the total bid price of $303,271.00, and
authorize the Mayor and the City Clerk to execute the contract; and
c) Establish an amount of $32,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work.
FUNDING REQUIREMENTS:
Sufficient funding for the award of this contract is available. The following fund will be
expensed:
Account Description
General Fund
Proposed uses are as follows:
Account Number Amount
7015-C1002044 $335,271.00
Total: $335,271.00
206
Vendor Purpose Amount
Construction Contract $ 303,271.00
Construction Contingency $ 32,000.00
Total: $ 335,271.00
DISCUSSION:
The existing San Miguel Park modular restroom building was installed over twenty-five years
ago. It has exceeded its service life and requires an unproportionate amount of maintenance.
The picnic structure that stood adjacent to the restroom building was removed from the park
site, leaving only its reinforced concrete support columns standing at the present time.
Rather than replacing only the restroom building under this contract, the project will rehabilitate
all of the hardscapes that surround the existing tot lot as well as refreshing the adjacent parking
lot. As a result of this holistic approach, the completed project will also have new integrally
colored diamond pattern sawcut concrete panels; new concrete walk paths between the parking
lot and the adjacent field; new and refreshed reinforced concrete retaining walls adjacent to the
existing sand tot lot below the neighboring residential homes; and a seal coated parking lot
complete with new pavement striping and markings. Two new shade structures similar to
those at other City parks will be installed by others.
At 10:00 AM on March 27, 2014, the City Clerk opened and read the following bids for this
project:
BIDDER TOTAL BID AMOUNT
Low Big Ben, Inc. $303,271.00
2 Gilman Builders, Inc. $310,479.00
3 Micon Construction, Inc. $359,469.00
4 Lehman Construction, Inc. $359,941.00
5 C.S. Legacy Construction, Inc. $361,200.00
6 Moalej Builders, Inc. $376,132.50
7 Klassic Engineering & Construction $379,074.00
8 Optima RPM, Inc. $387,144.00
9 Vido Samazich, Inc. $393,780.00
10 Civic Works Corp $399,006.00
11 Asphalt, Fabric & Engineering, Inc. $406,337.00
12 KASA Construction $407,601.00
13 STL Landscape, Inc. $414,000.00
207
14 Marjani Builders $421,700.00
15 Pacific Winds Building, Inc. $424,961.00
16 The Richards Group $428,250.00
17 States Link Construction, Inc. $465,893.00
18 Fast -Track Construction Corp $466,545.00
Although the low total bid amount is approximately thirty percent below the $435,000
Engineer's Estimate, given the number of competitive bids received and that all of the bidders
proposed the same prefabricated restroom building unit, staff feels reassured that the
completed project will meet the City's expectations.
The low bidder, Big Ben, Inc.(Big Ben), possesses a California State Contractors License
Classification "A" as required by the project specifications. A check of Big Ben's prior
project references indicates they have satisfactorily completed public work projects for other
local agencies.
Pursuant to the Contract Specifications, Big Ben is allotted fifty consecutive working days to
complete the construction. The $1,500 per calendar day liquidated damages amount for this
project is a reminder to Big Ben that the work needs to be completed in time for the Fall sports
season.
ENVIRONMENTAL REVIEW:
The project was determined to be exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA
Implementation Guidelines. This Exemption covers the replacement or reconstruction of
existing structures and facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the structure
replaced.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Map
209
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LOCATION
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C-5541
04/22/14
209