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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. r 6333:,) rpA v1 r> . a 1 certify under PENALTY OF PERJURY under the laws of �,,7 nJU t^y )'QL'J"y the State of California that the foregoing paragraph is true �:�o WlyGnm!n.�xai! s��30,2U18 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_. LMS 12873 092012 198 of 500 O 0 M v S C R E W 0 ci C m 3 m I r u1s\1--�:;�l!"11A 91391 Y:David M. Care "Assistant Secretary °.J —.9 $ LMS 12873 092012 198 of 500 O 0 M v S C R E W 0 ci C m 3 m I r 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 r O ah v C C W E al 0 0 rn C 2m m C4 op N M CD 0 W ke 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 m C o m 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, T� O 10 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W `_> 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. `0 a d m 3 'moo 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 y } 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� ., ,0 w 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 :a 3 E ai 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 m .r 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 > a 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, '� � > 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, £M o 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 Z o 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.- at (ti _ 'A v rh{1 til �� j I,4en , /V V h4� �pptt�e: � � � 1 State License Number: �N� gbf9 ddress: Email Address- Name:{ { Name6Yi � `ti Adless, i G IfftWO j 17 Phone: yam'/ State License Number:) 1 / tet/R Email Address: Name:%/ SC, 1l 0 Address:�Sa1 %6�a"'( A.� SRn �e/ H"uj(, 1 ( Phone: g 1 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. L 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 I Auto rued Agenf Sign ture t 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. M LT i�r� ELP`` � 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 r w C,, 1 : liberty Mutual Insurance Company N d CL C ,t West AmericanInsurance Company C STATE OF WASHINGTON ss Gregory W.Davenport, Assistant Secretary c ''..: COUNTY OF KING to tiOn this 18th :. day of April , 2013 ; before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American M FO- tf a+ 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,. TtA '.. p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W '> 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 a d 7 O C'N n. � By: F�CJYit �cvt-^ p d' 0 to i KD Riley, Not Public Gi G 20 to 0 o m c 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 0- to a)} Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Companywhich resolutions are now in full force and effect reading as follows. t o M to 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 p.= Ca; 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, p c ,. 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 :a 2E 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 .- m wi 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. Q)= a 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, `� Co « ` 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,. E M p O 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 co Z 0 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 O o - executed such instruments shall be as binding as if signed by the president and attested by the secretary.O :.: O . 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, �true 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 %20 s r David M. Carey, Assistant Secretary t` 1 'LMS 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 r = 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 M F v (D 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) O m : execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c W > 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 y= �o O L — -. 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 wp 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 p l) d Iro.+ 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 , m m O = 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 :� E ai 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 .G '- m 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 > = R 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, r.= m 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. SID 3of18 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 SP4of18 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 SP5of18 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 SP6of18 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. SP7of18 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. SP8of18 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 SP 10 of 18 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. SP 11 of 18 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 SP 12 of 18 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. SP 13 of 18 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. SP 14 of 18 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 SP 15 of 18 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 ATTACHMENT A PORTALBANS PL Qv 5� Z� Je �O PORT CARDIGAN PL E9STc9 AOR AO PTy 'P c �A �T OGNAFi0y0j9 SAN O � mA�c pP�OJ�eP� WORK MIGUELy<<,Poe PARK LOCATION ,oORTs "b'OGRNF p� 5 �J �v tS 5P y� �o acF HILLSBOROUGH i 0 g m a N.T.S. SAN MIGUEL PARK CITY OF NEWPORT BEACH RESTROOM REPLACEMENT PUBLIC WORKS DEPARTMENT LOCATION MAP C-5541 04/22/14 209