Loading...
HomeMy WebLinkAboutC-3897(C) - Marina Park Project - Building and Site DevelopmentLabor Commissioner, State of California Work Performed in County of Department of Industrial Relations Edmund G. Brown Jr., Governor Division of Labor Standards Enforcement Project No. Bureau of Field Enforcement- Public Works y�"`.. ;• rhF 300 Oceangate, Suite 850 KPRS Construction Services, Inc., a Nevada corporation Long Beach, CA 90802 Bri htview Landscape Development, Inc., a California corporation formerly known as Valley Crest Landscape Inc., a California corporation TEL: (562) 590-7329 FAX: (562) 499-6439 ®. Col rFOa MSP DATE: December 18, 2017 In Reply Refer to Case No: 40-55223-335 CIVIL WAGE AND PENALTY ASSESSMENT Awarding Body Work Performed in County of City of Newport Beach Orange PROJECT NAME Project No. Marina Park Project - Building and Site Development C-3897 C Prime Contractor KPRS Construction Services, Inc., a Nevada corporation Subcontractor Bri htview Landscape Development, Inc., a California corporation formerly known as Valley Crest Landscape Inc., a California corporation After an investigation concerning either the payment of wages to workers employed in the execution of the contract for the above-named public works project or compliance with the apprenticeship standards found in Labor Code section 1777.5, or both, the Division of Labor Standards Enforcement (the "Division") has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance with Labor Code section 1741, the Division hereby issues this Civil Wage and Penalty Assessment. The nature of the violations of the Labor Code and the basis for the assessment are as follows: Wage Violations: The affected contractor failed to pay the correct prevailing wage rate. In addition, the affected contractor misclassified Landscape Laborers as Landscape Tenders, and misclassified three Landscape Irrigation Fitters as Landscape Irrigation Fitters Apprentices Period 5. Also, the affected contractor failed to nav training funds. Penalties are assessed at $200/violation for 1,131 violations. Apprenticeship Violations: The affected contractor failed to meet the minimum ratio of one apprentice hour for every five journeyman hours of work performed for Landscape Laborer classification. Penalties are assessed at $40/day for 276 days. The attached Audit Summary further details the basis for this Assessment and itemizes the calculation of wages and penalties due under Labor Code sections 1775 and 1813. The Division has determined that the total amount of wages due is: $218,816.87 The Division has determined that the total amount of penalties assessed under Labor Code sections 1775 and 1813 is: $229,325.00 The Division has determined that the amount of penalties assessed under Labor Code section 1777.7 is: $11,040.00 The Division has determined that the amount of penalties assessed under Labor Code section 1776 against is: $0.00 Please refer to page 5 for specific withholding obligations pertaining to these amounts. STATED-,A134ft COMMISSI(/ER By I/ G David Wong Industrial Relations Representative PW 33 (a.�sm-7/2ot3) Page 1 of 5 Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Commissioner - State of California Civil Wage and Penalty Assessment Review Office PO Box 32889 Long Beach, CA 90832 A Request for Review either shall clearly identify the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment, or it shall include a copy of the assessment as an attachment, and shall also set forth the basis upon which the assessment is being contested. In accordance with Labor Code section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the Labor Commissioner's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) Page 2 of 5 Opportunity for Settlement Meeting In accordance with Labor Code section 1742.1(c), the Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60 -day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60 -day period during which a formal hearing may be requested. A written request to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessment must be transmitted to David Wong at the following address: State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Public Works Unit 300 Oceangate, Suite 850 Long Beach, CA 90802 Payment of Civil Wage and Penalty Assessment Payment of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy of this Civil Wage and Penalty Assessment: State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825-0196 (continued on next page) Page 3 of 5 Liquidated Damages In accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages. Notwithstanding the above, in accordance with Labor Code 1742.1(b), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 The Amount of Liquidated Damages Available Under this Assessment is: $218.816.87 (continued on next page) Page 4 of 5 Statutory Withholding Obligations 1. Awarding Body Withholding Obligations In accordance with Labor Code section 1727(a), before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts required to satisfy this Civil Wage and Penalty Assessment. The amount required to satisfy this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is: Wages Due: $218,816.87 Penalties Due Under Labor Code sections 1775 and 1813: $229,325.00 Penalties Due Under Labor Code section 1777.7: $11,040.00 Penalties Due Under Labor Code sections 1776: $0.00 Total Withholding Amount: $459,181.87 2. Prime Contractor Withholding Obligations: In accordance with Labor Code section 1727(b), if the awarding body has not retained sufficient money under the contract to satisfy this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy the assessment and transfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. XOIf this box is checked, the Labor Commissioner hereby requests that the prime contractor withhold the following amount from money due the subcontractor and transfer the money to the awarding body to satisfy this assessment: Wages Due: $218,816.87 Penalties Due Under Labor Code sections 1775 and 1813: $229,325.00 Penalties Due Under Labor Code section 1777.7: $11,040.00 Penalties Due Under Labor Code sections 1776: $0.00 Total Withholding Amount: $459,181.87 Distribution: Awarding Body Surety(s) on Bond Prime Contractor Subcontractor Page 5 of 5 E E co d (O V N 0) m O d W c0 O N f� N N N N N r d' m ($ pdp r m a N O N O O Nd V Nd I� amD f� co m N w m O I� aD N N �O m d m M Q) m t0 Cl) M M m a0 O O t0 O) m N (O aD d 1� m N m m m m d t0 I� Cl) d N Q) d N W N m (7 N N N M O f� N Cl) N ❑ MVA J Z Q 7 2 Z Z 02 O O O O O m N O m N mO OO p O O O O OO mmOO :D O Z Z) N N O O O O O m O N N7d ❑ Q ¢ =1 NO N m Z W LL Z o Q m o Z d o 0 0 0 0 0 0 S co O N W m❑ o t� LL o O 0 O 0 0 O 0 0 O 0 0 0 O 0 0 O 0 0 O 0 0 O 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q om❑ M (� 0 W O (.7 M N N N O� O O O O O O M O N M O 0 N f N O O O N O cN) (o ' J r Z W W N J PLO W F C7 Q Z Q Q N Z O a a z 0 o 0 0 0 0 0 0 0 0 o 0 O 0 0 0 o 0 0 o O o 0 O o 0 0 0 0 0 0 0 0 0 W 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 Q^ O m 0 M 0 Cl) 0 d 0 N 0 d 0 m 0 N 0 N 0 m 0 c0,) 0 m 0 N 0 N 0 co 0 N d0 (D 0 d 0 Nd 0 W 0 m 0 ° 0 lN0 0 N Z O O O m o m t0 N O m f0 r O O N m O d O N m M 1� m m iA O_ m N r m m O 10 f� O d m (V 1� m M l0 V m m m m N wm(ONwdmmdO r m d N N m O d m O o i� D m H:RZ N N N d m O Nm N m m m m O m m I� u1 m^m N N 1� N d m f� m m M m m N M Q Q 0 O 10 d m 1� o m (O d m m )O N N (l N f� V o N O m O N N M d O N f� m m o d: N I� N m m d 0 O O M ((�� d Cl) F (r0 m m (ry (O R] N O O i° ^ O N ^ O m O m M Q) m (O f� l0 CO O Ih p and c0 0 10 M V (O O'1 In Z N dd M m N aro N O W 2 m Nm W M W 7 Q W ¢ J W F Q ° t U O O O o O O O O O O O o O O O O O o O O O O O O O O O o 0 0 o O o O o O o O o 0 m Z O O O O O O O O O O O O O O O O O O O O O O O O O W O m J 2 > O O O O O O O O O OCD O O O O c ¢ w _ W F LL O a 0 O ❑ O d m O V O O O d m O O m m d d O O Z ¢ N )O m O (O O NMN N O N m O O O )O d m N O O co M f - l0 w d N m O N arNa oO N (O O m CdaJ O N M m In m 7 m M N O (O O m O N (n Cl)d n J w d N m N (`J d M N M � W N (MO N N r '01 t0 (O m (Qj F Q o N W o ¢ Wm m ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 } c F (o (? N Q p 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 p 0 O 0 p 0 0 0 0 0 0 Q U w m< n° ca o❑F- Q�o3 OO O O O O m O O O O O O O O O m O m O O O O O o F U ❑ ❑ ` Y o o d N o m o (n d m m m (n o 0 0 0 m o m m d o N ¢ O 0 O 2, O w v cr� t m � N N N m CO N O O M N n V O m O O m y 0 N N Od N N Cl) aY x(o ❑ w d m- m )O (O d )O 10 V) N N N m d )O )O m N m l0 m m )!) )O )O W) LL] LO l0 m N m )O V7 N N aJ t0 (O N N N O OO (� N O N N OO .0W Oa ham N N. cQ N M} -O -— 0000 d0N LL � l00N c o 0 ti c U O m ° Z O .- N N c u U Z d U o 0 0 0 O o 0 0 0 > 0 > 0 — > o o ` > o >' 0 ° 0 a 0 ° 0 a 0 a 0 ° 0 E 0 N N co C E �' Coa Z E 0 0 `m C7 (7 0. (7 (7 (7 (7 (7 Cry C7 0. ro C7 (7 ro C7 C7 (7 (7 C7 (7 C7 C7 U o —o m y c 0 Q a) w m m U w U y « C CO a) ro m� U U Q U g U a a° $ $ a a �o �o a c o o a v c o n 0 a 0 a 0 a 0 a 0 a 0 a o n a m t O a) co ^ m o U a) ° ° E N 2 O l O ¢E mO N N a) co ¢ y E O m a. Z ° O d W a >>mc ' u � Co�cE >- > W LL W 10 ¢-j 0 ¢ C oo 5 > co m o 0)m O} o a a a vmm v mcO gcJ n-_❑ v(Dm tr a � E a ( o W CcQW C\jN W m ro U m W W W W LL LLLLiQ m daNN F W W l LL .0 E E co 7 Z 0 u m 0 c LL 2 9 2 Z 0 z a E LL M LL LU LL LLI (f a < Lu LL �5 U) C) W M o d 0 z a, co E E U) ..... ..... c') ... .... ........ ....... ......... ........ E ........ .... ..... 0 C', ..... .. .... a X.: ... ... .... N CO N CO N co X. .......... ...... N N N M X.: .. ... ........ ...... N N ........ ..... ....... ....... ...... .... .... . .... ........ ....... ....... Z LU 0 C ...... . . . . ...... ....... ... ........ ... ... p COM N 0� cli C\j N ........ X....... ... LLJ LI) ..:: ::X ........ ....... Wo 0 (/) cj cl C\l (1) ........ ...... ...... .... ... D 0 — i8 c 0 c 't 2 c �i - 2 c = 2 ...... < < c') cl CL - 0 cl CL cl < zLo O.......... ....... ..... ........ ...... - .......... .... U) Xp: r Ln to r-. W� 0 ........ ...... ........ ....... a, co E E U) ..... ..... ... .... ........ ....... ......... ........ E ........ .... ..... 0 ..... .. .... a X.: ... ... .... cr X. .......... ...... 0 M X.: .. ... ........ ...... ........ ..... ....... ....... ...... .... .... . .... ........ ....... ....... Z LU ...... . . . . ...... ....... ... ........ ... ... .... .... ........ X....... ... LLJ LI) ..:: ::X ........ ....... > CO Cli X. X ........ ...... ...... .... ... U) ...... < < X. zLo O.......... ....... ..... ........ ...... - .......... .... U) Xp: ........ ...... ........ ....... LU X; N :ilii ..:v.... .... ... . ..... ... so ........ ......... .... ......... .......... , ........ ......... ........ ..... ci 7T ..... ....... Z ..... ..... cr 0 X ..... ..... ....... ........ .... ........ ...... ..... ........ 5 :2 0 . ... .. ......... ..... is .. ... ........ 0 < —xx ... ....... fr ... ......... ..... - E iiiii ...... ......... :7= ........ ........ r.... .......... . ..... ....... ...... ....... w .. LL ..... ..... 10 ......... ........ ........ ... - ... ... ....... ZVi ........ .......... ...... ....... 0 r ........ X ........ ..... E'E ... . ....... ...... ........ Fn 0 I r C`>% :iiiiiiii ........ . ....... _j Lu c; o z 14 c) LO (D t- 00 0 L) a, co E E U) as LL @ E E O ID O O N o It pD o V M OmD W (07 m W N ado 6 8 o N 6 a00 N O t00 V N N N � � O W � O m a r M N co m d O O d N d N t0 m 1� M N O o a7 (O f!J w N N m N In d M d m N (O m O d 1� 1� V In m N n n O d (h d' N W N n M N M N N N N N M N M N N N M N J Z � � 0 N O ONNONN O N N Nd 11D N N N N N o NO O (n o O O OO O o O OO O oO O m M O o O O O o O o O o d O M U1 00 O NO d l0 N Z Z 0 z O O ¢ z n 0 rn p z o Q o W m O o H LL o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p T Z w O p N O O 0 O 0 O 0 O 0 N 0 N 0 N 0 o 0 O 0 O 0 O 0 O 0 O 0 O 0 o 0 O 0 N 0 O 0 O 0 N 0 O 0 N 0 O 0 O Wmp n , N M M N N NLo V LL p w (} W w (n W J Z Q Z W ¢ CL ¢ N a a z w 0 o 0 o 0 0 o 0 0 0 0 o o 0 0 o 0 0 0 0 o o 0 0 o 0 0 o 0 0 0 0 o o 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0 o 0 0 o 0 o 0 0 0 o 0 0 o 0 0 o 0 0 o 0 0 0 0 0 0 Q r 0 00 N 0 M o N 0 d o N 0 N 0 c2 0 N 0 N 0 d 0 N 0 Q 0 N 0 N 0 N 0 MO 0 O, 0 d 0 O 0 d 0 d 0 d 0 (O 0 W O a z z N o O N O N N d N N O O co O a0 V n r n a{ O N N O O t0 I N N a7 m O aD O m O I� O m O aD r m > NO O N N r d aD 1� (� O O d o In N r V) d o f0 N m (o In an O (o m O d N d o d a o O Q Nd M N W N d M N N N o) ^ n O m O f� EL z z M d N M M O ❑ 2 z ¢¢ Z M O O o O O N 1l O d t0 r O aD d N N O O O N O d O (O O N N N LO (O m O O d O N I� O d O (O O M W Wm f� o r m o m O N O N N o m o m o o d M m m 1� r M d M - N o w h OD O m d (00 d ^ N N d d d I� N V N O N cM0 m O I� m d N N V1 1� O W Lr z) w� m N OMD N (ND N 0 Q W J Q I¢- 3 O L U O @ Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O O O O O W@ U m w J j w O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O cy LL c � m W F O Z) (Lo Z Q M O O O O O o7 O O O O O N O N O m O O o d (O O O M w Q N m O O O O O (V O O O N d N N M i� O N O O aD O o m O O O O N V] M N V) N u1 T m a V V M O M } O o O N o M d' O m N au o O N M Q U U W OND N N m (V n M In M (O Ir w H ° m ° 003 m o 0 c ° �{ U p Z �`'� Q LL o o 0 o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0 Nz Low U 0- '�-j Q p 2 O p0 F QOd O 3: @ d o 0 o o 0 0 00 0 0 0 0 o o O 0 o w mo 0 0 0 O o F - 0 0 Ym O O CO O (p O N aD W O O O O O O O N O o O W o c 0 0 O zt O w U U (O dror O DO,� O (O ^ N O O (O to N o d N � O p Op u) mNm a d N Vd N wa O� LL Y 2 cn p Q Y aDm p� p� O1 NN NV1 t0 V)Nm �NNaJ N(O V7NMdN NO MNNN dN N(O NaDNO d NNNNN NN NO a �¢ w 00N N <O O N N(O�N�MN N r N r O NN�mrN N r O N N NN�Nch N _N N N r Nppr�� O N tO�N(O O M N- r N(O In prp��Mlh O N O N �('� r O m-- N m N r -----N-- O N caA O p p N o o 'c W N o (O 0 0 N N� r N O V r N N r I[1 � N IA M O t'7 m� N N N 0 (7 In O O p N r N O .-- N In N m 0 O N In O N r n (/j o@ a) N cod } 0 0 o r o r o r o r o r o .- o 0 o r o 0 0 0 0 0 o r o o r r o r oro o r o p� C) r c c c c o 0 cQ O (p p Z O r r r r r UO 'C r r r r r r is r r r O N r M O a O O d °- OLri ¢ > > > > > > > > > > > > > > > > > > (D �' n M o N c E cU ° @ z a) p z U (L o (7 0 C7 0 C7 0 C7 o C7 nn ¢ o (7 0 0 0 0 0 (7 0 0 0 0 a 0 0 0 C7 0 (7 - n 0 (7 0 (7 0 (7 o C7 c a = o. o O _m E -° cl o m Q° ai a -o -o -o -o m o m m a ¢ u c m ro N U U Q? U -] J J J a�pp -7 n° ° a a a cry n° a@ J n° @cLL�cp J J J a�°a7 J _ LD 01 (D @ CO O. r N N M N a) V O O ° N O M O F N ` O` N O N N j J m N @ @ N L n a OD N O U -° m O O N N U N LL JO o ¢ @ @ N O N O @ J � LL Y @ @ > C J O h d N > @ @ C N a1 E U U O @ N N N N @ N a) O J O N N O @ C7 N N N M U � C� O@ Lu 3 U) ro !- @ LL w O c ¢ Q ° H Cry m li E aci a c a n ° .) @ '� m Om w> W -) C �.o O N a) N '00 'o > O O O o N LL O @ x O O O E L ¢ Q Q J U a 'C a`) a @@ '3 c a L - p n p d U ro d i C @ 6 °� -@° N tE� N °� o E ° N c C @ N N @ m N , J , N o � `0 o w (ca LL c 0 C U wmQNLL� w LL LL O 6 x x x m _> m a`�i ami aoi o o 0 0 0 > > r@ F° as LL @ E E 3 W O 00 U Z 7 o ~ ro C:• E C a) C U NC =3 O mora m a a Q C7 CL`o CL a to n. LL rN mIT )f)10 N aD 0) O N N a) m C13 d T (6 E E ) w W S N Y m H O Q N Y O U J m m IL m a E U) d N m T m 01 m l0 O m N m d .- (O 1� N m m iA N I� N m m N O V O d O m O N O m m N d I� N N pp V DD (o o M M O) m ap O N N m N (o m co V n N o m N m f� N N O (O O) N M m d m m W m N O N M o I� m N O O m N N o M M m m m n O m N O I� O (O m N r m W N N m m O tG O tG H J Z Q 00 >Z z 02 0 ZC) O O O N O N O O O O O O m O O O O O O O O O O O O O O N O O m d p Q U D ZW z n N o O('] Ln O O m O (n N O O O O O O O O N O O N m z W ❑ ❑ LL vQ oa' w o ❑ o Z d m o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ M W co V p O O O O O n O O O O O O O O o O O O O O O O O O O 0 O m 0 (() N n (n v (n Z W H aO W Q z Q Q N a z a z W 0 o 0 O 0 0 0 o 0 0 o 0 0 0 0 0 0 0 o 0 0 0 o 0 0 o ci 0 0 o 0 0 o c 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o ci 0 O 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N N m m o m d �o] 0 m 0 0 N 0 m 0 d 0 N 0 m 0 N o N 0 O o d o d o N 0 N 0 d 0 Do 0 w O M z (} d m m m O N m N N m N N m O O d O O N m m N m Z O 1� q m m (n m N m ul n N O d N m m _m O 01 _O m O to M d p () O M m M N m m (�O m (A m m m m m Od m I� I� W N m m o) N d (- m N N u) m l0 O (�J d O N U1 p� T d m pp c0 O 10 o I� M N m o Q) I� N N O) m O) N )O o m N M a N ZZ d Oo :E z Q Q Z N f� o d N r O d O N M m O N O2 m O m (o I� N M O N m N o N (n (O m m d O d O N (� O m V) N O d N d O m l0 N m d N m N O d O N 1� O N (A n O d O N O m M m N (� O O) O O o I� N 0) N m _O (7 M N n N m m I� O (`J c,'? N N N d N M D) N M r d m m Q7 N d m N M m O W N m CC �_ W -3 Q W Q J W F QO L O O O O o O O O O O O O O O O O O O O O O O O O O O (q Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O 0 O 0 W a) J ¢ LEwR] LLw _ OJ a� Z) Q (o m O) d N d (o O O O O m d m m O O O m O m O O O m O m M m Z W Q a O m M N m [I' m N m O N N o N O O m O d N O (C m o O O m d N m O o O O (o (� N o O O (n N (O O O O O O o N O V (O d (O O (O h (n UH J (n N M N r o d N d d 1� rn N m N d (P N com d O d h O ¢ w °3 w m (D W co o O 0 O o O O O o O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 0 0 0 } C F m Ncn Q O O O O O O O o O O O O O O O O O O O O O O O O O O O O o O U z Lo w III N < O= W Q ppm ¢a o3 o 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o F ` Y m m O O O m N O O O O O OO O O O m O m w m N N N c m O r O O w U O O m m N N r d N NJ m d O d m m m m N O O m m O (O m u N m I� M N d' (O N N d N m (n — ¢ Ir a O H a Y M (n 0 Y mm r dID ID N dN Nm(OmInNNNNm d(O NNNm uO In mm d NLOw o N Nm (Om (Ommm l0 T T ¢ '0 NN V N W �� 0 0 (OO M (O N N N (�(� W O OONO N N N (D N O (AN O N �('�.�-N N N (`� NN �N�(n 0 NN�(O N Nm N NNNN�N _m co co O 0 0 N 'C O W >> d> N� (n O(O .�-NNNO W N (Arnvmo)mrn N d'm NaD�rO7 .- O l O �- 0 N01NrnrnN.-NN2�+ N .- N O N N nom N N N�!::!17 N N N N 0 4) a N N O ro O r O O. -O O O. -O 0000000000000 �- 0 0 0 0 0 0 0 �-O O O �-O r O 000 0 O '_-' a (.L o p m O O O O co Z U . .- N O co O ui Z U O O o OoO M O N c N OmO o m 0 Z (LL a as n m 0 0 0 0 Q 0 (7 C7 a (p U' o. 0 0 O 0 C7 (7 0 0 0 (7 C7 m @ 'C O 1] m Q p N N N N N `) d N N N N N N N N N N N N N N N N d Q I- U U Q ? c c a n° n° �° n° n° a° a c a c .°o n° (� n° d° n Mo n° a° a° (� a n (� m' E £ za m N u�N� aci N M (D (n D U . N m N N N m c co 2 N o @ a) N (D O. c v N r a s w N O W N m N m a) d O N N a) O N co O J a3 C N U LL m N o (9 o C'} C C O E O U O m @ o j U N O O m w J a N � ¢ U > v (—° 6O c O 2 N 1- ° (D �' o N .o J } N OJ m c-25 (n U d w w ¢' N Q N p 'v U o U w C C � N N O) ¢ 'Q N j 0 0 N � � Oa N o a � t0 N o �� �' o �, C O) L c c (nn O Q w °' ro w ¢ m m Q (n ° o a) o o c o � � m a p (n O' a c c ._ c � .> > o y t c v a c '@ c o� - p � m i > > > > > m m `m `as m m m o m . c o 0 0 ° W CO ¢ N (.L W l a° J an J J J m i 2 i 2 O ir (L 0 m m m cc 2 a@0 F 0 m a E U) z 0 0 c LL z z ❑ FLL Ll WC LL LLJ c a < L,J C) 2 LL Ff. cr, LLJ 0 00 (.) z 7c ........ ...... ....... ....... ........ ....... ........ ...... ........ ....... ... ........ ........ ...... 03 E ..... ....... (D N �2 0 C� ..... N �2 0 C� N �2 0 N w N N ......... .. ... ........ ....... ........ ........ ........ NO Rl ....... ........ ...... ....... .......... COM p C, C, C\, ... .: ....... .... ...... .... ....... ........ ....... ........ ........ ..... ... 7 < <17 C2 0 M (2 o 0 7 C) .... .... ...... ...... ..... ..... .. ... (n 0 0 U) cm C\1 cm U) ... ....... . . ...... . . ........ ....... O 2 ....... A .2 cl cl CL a .......... cl N......... ... ... ..... z 0 (D CL N... ........ ........ .......... ..... U) Cl m V' LO w r, co m 7c ........ ...... ....... ....... ........ ....... ........ ...... ........ ....... ... ........ ........ ...... 03 E ..... ....... (D ..... .... w ......... .. ... ........ ....... ........ ........ ........ Z W ....... ........ ...... ....... .......... .... ...... .... . .... ... .: ....... .... ...... .... ....... ........ ....... ........ ........ ..... ... UJ U) ...... ..... ........ .... .... ...... ...... ..... ..... .. ... > U) < cc) ... ....... . . ...... . . ........ ....... cr Z) - U) ....... .......... N......... ... ... ..... z 0 N... ........ ........ .......... ..... U) ..... N W ..... C6: N ii C -i N...... ........ ...... a OI ...... Z ....... .... ... ....... ........ ........ ........ .... ....... X. ... X...... ...... O ..... ..... ....... ... .... ..... ...... ......... ..... ..... ......... ... ... .......... ... ....... ........... ..... ....... . ........ . . .... ......... 0 ... ..... .. . . . ..... .. ... ..... . ...... ........ ....... ....... ....... . ..... C� UJ W.W.W.W.W. ......... 0 7 2 CC ......... .... ...... ....... 0 ....... ........ ..... ....... ....... .... ........ ........ .... ...... - ....... .......... ........ C616 ...... —IM N ........ XXXX .... ........ (D > ....... C—M ........ .... ...... ....... ..... ........ ....... ........ ........ ........ ........ ....... xxx: !!:x�:::�: ..... ........ rl........ ........ c c . . . . ...... ........ Z........ CL: 0) O CL* ....... .......... L CL: .......... .... ....... xx�x ... ... ........ r ao m....... _j 0 cj cm m co �2 0 z L, cu E 0 U) a co E E U) o f0 1� aD w 1f1 o N m (O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O 0 O O o O O v W � N N a O o OGi o H J Z Q � N O O O O O O V O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o O o O (O cV Z Z Z 0 z O Oro O Z O O II -::W a O r H o z U)O p .n Z OD Q o Q o w O LO co N Z 0 0 O 0 0 N 0 0 O 0 0 O 0 0 N 0 0 O o 0 O o 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 o O 0 o O 0 0 O 0 o O 0 0 O 0 o O 0 0 O 0 o O 0 o O 0 0 O 0 0 O o d W Q : W w W JZJ W F C7 Q Z Q Q N Z Lu O d d Z w o o O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 V 0 a 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 o 0 0 O <\ N z a 0 m y a o N o 0 0 0 o o 0 0 0 Z V V M N m O O O O o O O O O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O m N oo O Q ZZ n t N o M N v =) 7 00 2 z Q Q aD d' z V O m (0 m O N M N O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O ^ M N O O O O O O O O O O O O O O O O O w Q m O Z) W Q ¢ 3 W J Q F � O L 0 O ro Z O O O O O O O O O O O O O O O O O O O O O O O O O o O O O o O O O O O o Lu O U m w J w w O O O O O O O O O O O O O O O O O O O O O O o O o O O O o O O O O O O O O O o FL u -C m W H aP O� Z Q O O N O O O O O O O O O O O O O O O O O O O O M LU � Q a O a o 0 O 0 O °� O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O o O 0 O 0 O o O 0 O 0 O 0 N N N U O Q w O V (7 w mcy n 3 C O Q m N a O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ¢ w m < Lq = Q D D F Q vo O3: (L) U o o M o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o F U ` Y o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c cr O 0 O w U N m v o M �n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Q � 0 �2 wY u) O pO W Y 0= In ��-���-��.-mrn m NaJ N N N(O W N �(O N N d' f� r N mm� (� O W O T� m OJm��O)mM�OI mm N§ rnrnm p� m�p�O m mm 01��o)a) mrn mmCD mmm In rnmm (D 01m mm T T o ca N L D: Q w N .- N N N 5 N N .- r O N N O N (V (O O N N (O O N O N N, O N N (O O N N (O O N N (O O N N cp O N C� (O O N N ip O N N (O O N N (O O N N (O O N N (O O N (� f0 O N N t0 O N N f0 O N Q C 4) o m m a o �- ,- o N o .- 0 N 0 0 f0 0 0 O 0 0 (O 0 o <O 0 0 (O 0 0 <O 0 0 (O 0 o <D 0 0 (O 0 o (O 0 0 (O 0 o f0 0 0 m 0 0 ig 0 0 (O 0 0 (O 0 0 (O 0 0 O 0 0 f0 0 o p, N N N +- d a (n om �j C', 00 L U m o 2 O '� .- '- - - - - .- - .- °� O n O O N L c N Z H U n n o a 0 n oo a o a oo a o a 6 n o a o n o' a o n oo a o' n '0 o. 0 n 0' a o n o' a 0 n 0 n 0' n 'o o. o' M N [ E m o z Q u. ¢ C7 (7 C7 `m (7 C7 C7 (7 (7 C7 (7 (7 C7 (7 C7 C7 C7 (7 C7 (7 C7 C7 C7 C7 E 0 0 a 0 0 � 0 �5 0 o a o o o` o `0 0 0 0 0 0 0 o o o o `o o E ro a) > m M cl m o a n m Z q g o ¢N O mQ)`� U C N O r yU C LL v C O N U N O W J @ aO a Y � y @ N N J j Y a3i a c) d } 2 rn m 7 OJ Q wro O (D ¢ `� m cc m o' - p a. L 0 'o O c ro D- i aoi m E o o L3 m c m o m L w 0 QN a w w o V a co E E U) O c Q a Z_ z M w W F- w W � w C7 W a C7 � Q C= c O C C U � O c� (p O) ° N o N C O_ 0 — O ._=aQ 0 0.= � a`� m Q a n ro l n L N f0 R 1(7 t0 P ODT O N STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT I, Cristina Dulce CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL , do hereby certify that I am a resident of or employed in the County of Los Angeles , over 18 years of age, and not a party to the within action, and that I am employed at and my business address is: Division of Labor Standards Enforcement Bureau of Field Enforcement - Public Works Unit 300 Oceangate, Suite 850 Long Beach, CA 90802 On December 18, 2017 I served the within: Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addressed as follows: City of Newport_Beach----__ KP -RS -Construction Services Inc., 3300 Newport Blvd --------------------------- a Nevada corporation Newport -Beach CA 92663 c/o Steven Krakowsky,Esq ------------- ---------------------------------------- 1875_Century Park East, Suite 2000 Los Angeles, CA 90067 --------------------- Brightview Landscape Development, lnc., ------------------------------------------------------- a California corporation ------------------------------------------------------- c/o CT Corporation System SCO 818 West Seventh Street Suite 930 Los Angeles, CA 90017 California ATTN: Thomas Clair Donn ----------------------------------------- 24151 Ventura Blvd - ----- --- -------------=--- - -- -- Calabasas, CA 91302 t, Inc. and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, and then depositing it in the United States mail in Long Beach by: X Ordinary first class mail X Certified mail Registered mail I certify under penalty of perjicry that the foregoing is trite and correct Executed on December 18. 2017 , at Long Beach , County of Los Angeles , California STATE CASE NO. 40-55223-335 PW34 fa., ivd -J:,li i STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL I, Cristina Dulce , do hereby certify that I am a resident of or employed in the County of Los Angeles , over 18 years of age, and not a party to the within action, and that I am employed at and my business address is: Division of Labor Standards Enforcement Bureau of Field Enforcement - Public Works Unit 300 Oceangate, Suite 850 Long Beach, CA 90802 On December 18, 2017 , I served the within: Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addressed as follows: KPRS Construction Services Inc. __ Liberty Mutual Insurance Company__ a Nevada corporation 175 Berkeley Street ---------- -- -------------------------------- _- __ N_-Joel_Hans Stensby___ Boston MA 02116 2850 Saturn Street ------------------------------------------------------- ----------------------------------------------------------------- Brea, CA 92821 113ond No. 24056865 Liberty Mutual Insurance Company c,o Corpor5iionSeivice �omp5ny Wfiicli Will -D -o gusiriess in -California as CSC - Lawyers Incorporating Service ------------------------------------------------------ 2710 Gateway Oaks Drive Suite 150N ------------------------------------------------------- Sacramento, CA 95833 ------------------------------------------------------- Bond No. 24056865 and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, and then depositing it in the United States mail in Long Beach by: X Ordinary first class mail X Certified mail Registered mail I certify itnder penalty of perjury that the foregoing is true and correct STATE CASE NO. 40-55223-335 PW 34 (R,,,4.d_ Lang Beach , County of Los Angeles , California June 15, 2017 KPRS Construction Services, Inc. Attn: Bob Berenguer 2850 Saturn Street Brea. CA 92821 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039FAx Subject: Marina Park Project — Building & Site Development — C -3897(C) Dear Mr. Berenguer: newportbeachca.gov On June 14, 2016, 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 June 16, 2016 Reference No. 2016000274359. The Surety for the contract is Liberty Mutual Insurance Company and the bond number is 24056865. Enclosed is the Faithful Performance Bond. Sincerely, C I I 6 Leilani I. Brown, City Clerk Enclosure EXECUTED IN DUPLICATE EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 24056865 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 122,388.00 , being at the rate Of $ 14.40 / 8.70 / 6.90 / 6.30 / 5.76 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to KPRS CONSTRUCTION, INC. hereinafter designated as the "Principal," a contract for Marina Park Project- Building and Site Development 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 perfomlance of the Contract. NOW, THEREFORE, we, the Principal, and Liberty Mutual 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 Eighteen Million Seven Hundred Forty Eight Thousand Dollars and 00/100 ($18,748,000.00) 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 specked 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. KPRS Construction Services, 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 maintained by the Principal in full force and effect until the date of formal acceptance of Project by the City, and will be replace with Contractor-fumished Warranty Bonds. 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 14th day of � May 2014. KPRS Construction Services, Inc. Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 634-5723 Telephone Authorized Agent Signature Rhonda C. Abel Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED KPRS Construction Services, Inc. Page C-2 ACKNOWLEDGMENT State of California County of Orange } ss. On May 7 2014 before me, K. Luu Notary Public, personally appeared Rhonda C Abel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(i ish[fe subscribed to the within instrument and acknowledged to me that Wshe/tftfdq executed the same in Wi/hedit W authorized capacity('", and that by 14it/hedltW signature*) on the Instrument the person(9), or the entity upon behalf of which the person(N) 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. ;T o. K. Wu 4;1 Commission # 1355906 It WITNESS my hand and official seal ��P Notary Public - California Z __________�� 2 :range County My Comm.Com m. Expires Nov 6, 2015 Signature (seal) ACKNOWLEDGMENT State of California County of n, C -n gl -e ) ss. 201_�J_ before me, Notary Public, personally appeared , who proved to me on the basis of-datisfactory evidence to be the person( whose nametal ts/a� subscribed to the within instrument and acknowledged to me that he/oe/thgy executed the same in hisllor/thofr authorized capacity(), and that by his/b6r/their signaturesm on the Instrument the person(#), or the entity upon behalf of which the person (Sj 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. BRIE COSTELLO WITNESS my hand and official seal. commission a 1920684 Z `a :g Notary Public • California p Orange County My Comm. Expires Feb 3, 2015 Signature (tel) KPRS Construction Services, Inc. September 12, 2016 KPRS Construction Services, Inc. Attn: Bob Berenguer 2850 Saturn Street Brea, CA 92821 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov Subject: Marina Park Project - Building & Site Development - C -3897(C) Dear Mr. Berenguer: On June 14, 2016, 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 June 16, 2016, Reference No. 2016000274359. The Surety for the bond is Liberty Mutual Insurance Company and the bond number is 24056865. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN DUPLICATE Premium is Included EXHIBIT B in Performance Bond CITY OF NEWPORT BEACH BOND NO. 24056865 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to KPRS CONSTRUCTION SERVICES, INC., hereinafter designated as the "Principal," a contract for Marina Park Project — Building and Site Development 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, Liberty Mutual 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 Eighteen Million Seven Hundred Forty Eight Thousand Dollars and 00/100 ($18,748,000.00) 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 of seq. of the Civil Code of the State of California. KPRS Construction Services, 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 14th day of May —12014, KPRS Construction Services, Inc. Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714)634-5723 Telephone Agent Signature Rhonda C. Abel Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED KPRS Construction Services, Inc. Page B-2 ACKNOWLEDGMENT State of California County of Orange On May 7 2014 before me, K. Luu Notary Public, personally appeared Rhonda C. Abe_Iwho proved to me on the basis of satisfactory evidence to be to person(l) whose name(s) is/we subscribed to the within instrument and acknowledged to me that Wshetd" executed to same in IK/her/#W authorized capacity", and that by KWher/MW signatures(K) on to instrument the persono), or the entity upon behalf of which to person(%) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of to State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California Commission #u1855906 z� se Notary Public - California zz Orange County y�tyy My Comm. Expires Nov 6, 2015 N (seal) ACKNOWLEDGMENT County of C' 1170 -CCA P— 1 ss. p 20_Lj before me, Notary Public, personally appeared who proved to me on the basis of satisfaloory evidence to be the person whose namew is/ape subscribed to the within instrument and acknowledged to me that 6e/she/they executed the same in his/ (ier/th r authorized capacity(196), and that by his/hpf/thoir signatures(ay on the instrument the pe onW. or the entity upon behalf of whlch the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under to laws of to State of California that the foregoing paragraph is true and correct. ,, a,,, BRIE COSTELLO WITNESS my hand and official seal. commission u 1920684 a � Notary Public - California z .� z ,t_ Orange County M Comm. Expires Feb 3, 2015 Signature (seal) KPRS Construction Services, Inc. RECEIVED By PUBLIC WORKS t` ^•i" f Tease of Stop Payment Notice SEP 07 2016 ^' SEP 12 Fit 2 22 To: City of Newport Beach, California CITY OF NEWPORT BEACH (";>- nr _ You are-hereby,nciifiod that the undersigned claimant releases that certain Stop Payment Notice rl - r dated 06/4h5' " ='� in the amount of $ 43,523.00 against City of Newport Beach, California as owner or public body and KPRS Construction Services, Inc as direct contractor in connection with the work of improvement known as Marina Park 1600 W Balboa Blvd In the city of Newport Beach County of Orange State of California. Date: 08/23/16 Name of Claimant: J.P. Witherow Roofing Company By' Barry. President VERIFICATION I, the undersigned, state: I am the President of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 23, 2016 at Sar+. State of California Date Copies Sent To: City Council City Manager City Attorney _ File F Document -1378611 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE +$ P 0 0 0 8 4 5 7 8 4 6$ 2016000274359 3:07 pm 06116116 105 405 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 KPRS Construction, Brea, CA, as Contractor, entered into a Contract on May 14, 2014, Said Contract set forth certain improvements, as follows: Marina Park Project — Building and Site Development C -3897(C) Work on said Contract was completed, and was found to be acceptable on June 14 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Liberty Mutual Insurance Company. M Public Works Direeor City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r (� �J, Executed on < d n(!l �V aU) at Newport Beach, California. BY City Jerk aboutblank 06/16/2016 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 KPRS Construction, Brea, CA, as Contractor, entered into a Contract on May 14, 2014. Said Contract set forth certain improvements, as follows: Marina Park Project — Building and Site Development C -3897(C) Work on said Contract was completed, and was found to be acceptable on June 14, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Liberty Mutual Insurance Company. OM L Public Works Direc'for 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 at Newport Beach, California. BY �V'Ljt� ; City lerk tv CALIFORNIA PRELIMINARY 20 -DAY NOTICE (PRIVATE WORKS OF IMPROVEMENT) THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO CIVIL CODE SECTION 3097 IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20 -DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. DATE July 2x, 2015 YOU ARE HEREBY NOTIFIED THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: PERSON FURNISHING LABOR, SERVICES EQUIPMENT OR MATERIAL (N.AIv1E) Columbia Cascade Company tADDREss) 1300 SW Sixth Avenue, Suite 310 PITY or(land "U" I5V201 TO: OWNER OR REPUTED OWNER City of Newport Beach City Manager's Office City Hall, 100 Civic Center Drive Newport Beach, CA 92660 TO: PRIME, REPUTED, OR ORIGINAL CONTRACTOR DESCRIPTION OF LABOR, SERVICES, EQUIPMENT OR MATERIAL SUPPLIED, OR TO BE SUPPLIED Fitness Eqpt. Order #49834-C THE NAME AND ADDRESS OF PERSON CONTRACTING FOR THE ABOVE (YOUR CUSTOMER) IS: KPRS Construction Services, Inc. 2850 -Saturn Street Brea, CA 92821 JOBSITE (STREET AND LEGAL DESCRIPTION (IF KNOWN)): KPRS Construction Services, Inc. Marina Park Building & Site Development 2850 Saturn Street 1600 W. Balboa Blvd. Brea, CA 92821 Newport Beach, CA 92663 TO: CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDER ❑IF THIS BOY IS CHECKED, THE NAMES AND ADDRESSES OF ANY LABORERS TO WHOM EMPLOYER PAYMENTS ARE DUE AS OF THE DATE OF THIS NOTICE ARE CONTAINED ON ATTACHMENT "A," WHICH IS T REIN AND MADE A PART HEREOF. (Signature) (Date) Wes Okamoto (a) ❑ By personally delivering copies to AN ESTIMATE OF THE TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OR I MATERIALS FURNISHED OR TO BE FURNISHED IS: 519.459,00 TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE I I (NAME AND ADDRESS) II (ONLY SUBCONTRACTORS ARE REQUIRED TO IDENTIFY THE TRUST FUND) Wes Okamoto Vice President (Name or Person Signing) (Title) PROOF OF SERVICE AFFIDAVIT (CIVIL CODE § 3097.1) declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (name and title of person served) at (Address) on (date), at (time). (b) 0 By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the a dress shown above on July 28 2015 I declare under penalty of perjury under the laws of the state of Califomia that the foregoing is true and correct. / Signed at Portland, Oregon , California, on July 28 2015 / [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] SIGNATURE OF PERSON MAKING SERVICE ©2004, A&G Dated < J � Copies Sent To: City Council City Manager City Attorney —� File AP To: CITYOFNEWPORT C 3At7Ce) STOP PAYMENT NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUN66 .P 19 F"i 11: 16 (Public or Private Work of Improvement) (Per California Civil Code Section 8520, 8530 & 9350) (Name of owner, public entity or conetmcdon lender) 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 (Address, d dlrected to a bank use address of branch holding fund) ATTN: CITY CLERK OFFICE - RE: CONTRACT C-3897 a directed to public entry, to the department or officer whose any it is to make payments) Project: hat PARK Name) BUILDI ND& SME DEVeLOPMENh 1600 W. BALBOA BLVD (street Address or Legal Description) NEWPORT BEACH, CA 92663 Name and address of the Project Owner (or reputed owner): CITY OF NEWPORT 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 Name and address of the Direct Contractor: KPRS CONSTRUCTION SERVICES INC. 2850 SATURN STREET BREA, CA 92821 Name and address of the Construction Lender (If any): NIA TAKE NOTICE THAT J.P. WITHEROW ROOFING COMPANY (Claimant) (Legal name of the person or firm claiming the slop payment notice) whose address is 10176 RIVERFORD ROAD LAKESIDE CA, 92040 (Address of person or nrm dalmmg stop nmlee) has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the Claimant to the other parties is: ROOFING SUBCONTRACTOR The work furnished by claimant is: ROOFING FOR FLAT ROOFS ONLY BUILDINGS 1,2,& 4 (generally describe labor, service, equipment or material furnished or agreed to he famished by claimant) The labor and materials were furnished at the request of the following party: KPRS CONSTRUCTION SERVICES, INC. AS PER EXECUTED CONTRACT DATED 219/15 FOR PROJECT#: 214040 Total value of the whole amount of labor and materials agreed to be furnished is. E 43,523.00 The value of the labor and materials furnished to date is: .......................................... s 43,523.00 Claimant has been paid the sum of: ............................................................................... ..... -- s 0.00 and there is due, owing and unpaid the sum of: ..... ......... ............................... $ 43,523.00 You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated JUNE 18, 2015 NAME: J.P. WITHEROW ROOFING COMPANY (N sof amp notice claimant) (owhilp or a�ge�nl o`islop nou tial tmosl sten rare and .eMv below) Authorized Capacity: ACCOUNTING MANAGER VERIFICATION I, the undersigned, state: I am the ACCOUNTING MANAGER of the claimant named in the (Tule-'President', "Padner','Orner", "AgenP,etcJ foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed an JUNE 18 4015 at LAKESIDE �ae ,California. (Date this document was signed) (nameof wh estppn / - ed) B, f�J�,O.t persmal spnaNre oltFC ndwkual M, eating gatTaconrenb of Ne abp note ere Oue) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 8536 & 8538) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. 7,>gjpfaLmationA ti,;�be provided by you under Civil Code Sections 8536 & 8538. envelope) PROOF OF NOTICE DECLARATION (Per California Civil Code Section 8118) I ELISE CLINGER declare that I served a copy of the Stop Payment Notice on the party at the address and on the date shown below: To Construction Lender/Owner/Public Entity/Or Other Person Holding Construction Funds: (name) CITY OF NEWPORT (title or capacity of individual given notice) OWNER (address) 100 CIVIC CENTER DRIVE NEWPORT. BEACH, CA 92660 (date) 6/18/2015 Stop Payment Notice should be served at the following location: (a) To an owner other than a public entity, the owner's address shown on the direct contract, the building permit or a construction trust deed; (b) 7o a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers or other documents. A Stop Payment Notice for a public works contract of the state, shall be given to the director of the department that awarded the contract; and to a public entity other than the state, to the office of the controller, auditor or other public disbursing officer whose duty it is to make payment pursuant to the contract (see Civil Code §9354 for more information). (c) To a direct contractor, at the contractor's address shown on the building permit, on the direct contract, or on the records of the Contractors' State License Board. In the following manner (check appropriate box): [ ] By personal delivery [ ] By Registered or Certified Mail (postage prepaid) [ ] Express mail ( 7f pvemight delivery by FEDERAL -EXPRESS , an express service carrier I declare under penalty of perjury, that the foregoing is me and correct. Executed on JUNE 18, 2015 , at LAKESIDE , California. rgnature of person makin ervice) C&B Forms (7112) CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: June 14, 2016 Agenda Item No. 9 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Iris Lee, Senior Civil Engineer, ilee@newportbeachca.gov 949-644-3323 TITLE: Marina Park Project - Notice of Completion for Contract No. 3897-C (15P14) - Building and Site Development - Bid Package 3 ABSTRACT - On May 13, 2014, City Council awarded Contract No. 3897-C, Marina Park Project — "Building and Site Development" to KPRS Construction Services, Inc. (KPRS) for a total contract cost of $18,748,000.00 plus a 10 percent contingency allowance. The work on Contract No. 3897-C is now complete and staff requests City Council acceptance and close out of this contract. This contract is one of four Marina Park construction contracts. With the recommended acceptance and completion, the entire Marina Park project would be considered complete. A summary of the entire project cost is included in this report and shown on Attachment B. RECOMMENDATION: a) Determine that no further California Environmental Quality Act (CEQA) action is necessary. All significant environmental effects for Marina Park have been adequately addressed in the previously certified Environmental Impact Report No. (SCH No. 2008051096); b) Accept the completed work for Contract No. 3897-C, Marina Park Project — "Building and Site Development" and authorize the City Clerk to file a Notice of Completion for the project; c) Authorize the City Clerk to release the Labor & Materials Bond for Contract No. 3897-C 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) Release the Faithful Performance Bond for Contract No. 3897-C one year after acceptance by the City Council. 9-1 Marina Park Project — Building and Site Development (Bid Package 3) — Notice of Completion of Contract No. C -3897-C (15P14) June 14, 2016 Page 2 FUNDING REQUIREMENTS: Funds for the construction for Contract No. 3897-C were expended from the following accounts: Account Description Account Number Amount Marina Park 15P14 -construct -551 -unassigned $ 19,715,588.59 Lighthouse Cafe Deposit Account 017-241079 $ 44,500.43 Total: $ 19,760,089.02 The Lighthouse Cafe Deposit account was established to facilitate tenant -related improvements that could be completed by the City's contractor that would otherwise not be constructed in a timely and/or cost efficient manner by the tenant. Expenditures associated with this account were deducted from tenant -advanced private funds for such work. This account is now closed and has a zero balance. DISCUSSION: Overall Contract No. 3897-C Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $19,715,588.59 5.16% 1.24% 3.92% $18,748,000 10% or less $19,760,089.02* 5.40%* 1.46%* 3.94%* Allowed Contract Time (days) = 340 Actual Time -14 Approved Extensions Under (-) or Over (+) * Includes Lighthouse Cafe expenditures for tenant improvements that were requested by and paid for by the restaurant operator. Contract No. 3897-C, Marina Park Project — "Building and Site Development" has now been completed to the satisfaction of the Public Works Department. A summary of this contract's construction cost is as follows: Original bid amount: Total change orders related to City portion of work: Total change orders related to Lighthouse Cafe work: Final contract cost: $18,748,000.00 $ 967,588.59 $ 44,500.43 $19,760,089.02 The 10 -acre Marina Park Project is located on the bay side of the Balboa Peninsula between 15th Street and 19th Street (Attachment A). This project included the demolition and removal of the former mobile home park and other City facilities, construction of a new 23 -slip visitor -serving marina and two instructional sailing basins, a community center and 9-2 Marina Park Project — Building and Site Development (Bid Package 3) — Notice of Completion of Contract No. C -3897-C (15P14) June 14, 2016 Page 3 sailing center, children's themed playground and picnic area, two half -court basketball surfaces, a fitness circuit, Lighthouse Cafe (operated privately under lease), reconstruction of the 19th Street public restroom facility, beach frontage improvements, and 177 on-site parking spaces. After many years of planning, design and permitting, the project broke ground in December 2013. Due to the complexity and prominently different types of construction operations needed to build this new park facility, the Marina Park project was divided into four general construction plan sets and bid packages. The first construction bid package involved the demolition and removal of the prior mobile home park, site utilities and tree relocation. The second construction bid package involved the construction of the new Marina Basin and moving the resulting sand to specific beaches for replenishment. The third construction bid package, which staff is requesting that City Council accept tonight, is for construction of the buildings and park site. The fourth construction bid package included the construction of the new dock facilities in the new marina. Notices of completion have already been filed for construction bid packages 1, 2 and 4. This third and final construction bid package (Contract No. 3897-C — "Building and Site Development") was approximately 5.16 percent above the original bid amount. This accounted for 19 change orders that amounted to $967,588.59. While the change orders primarily stemmed from unforeseen issues, there were directed change orders involving items that enhanced functionality and aesthetics such as plaster coating, additional cabinetry, lighting, and communication equipment. Unforeseen change orders included additional removals and grading, foundation rework and delays, underground utility services, and extended landscape maintenance efforts, of which all were thoroughly examined and negotiated. The project change orders are not uncommon for a development of this magnitude and character, and are accounted within the construction allowance. A summary of the schedule for Construction Package 3 (Contract No. 3897-C) is as follows: Estimated Completion Date April 2016 Project Awarded for Construction May 13, 2014 Contract Completion Date with Approved Extensions December 17, 2015 Actual Substantial Construction Completion Date December 4, 2015 The project was substantially complete as of December 4, 2015, with all building and site improvements. Some miscellaneous close-out items, operation & maintenance turnover, and financial paperwork post -substantial completion needed to be finalized prior to the Notice of Completion action. Overall Project Final Budget Summary: Staff has included a running summary table of the total Marina Park Budget to date (see Attachment B). The "all -in" estimated total project budget was established at $39,500,000. This estimated cost included conceptual design and permitting; land acquisition; all soft costs such as project design, geotechnical testing and inspection, and construction management; hard construction cost for all four bid packages, fixtures furniture & equipment 9-3 Marina Park Project — Building and Site Development (Bid Package 3) — Notice of Completion of Contract No. C -3897-C (15P14) June 14, 2016 Page 4 (commonly known as FF&E); as well as a City Reserve. While Marina Park construction now is complete, some very minor expenditures for additional furnishing and administrative close-out work will be forthcoming in the coming months. The anticipated total project cost is $36,435,000.00, which is approximately $3,065,000 under the estimated project budget. The total awarded construction contract amount for all four bid packages was $26,666,870.00, with a final construction cost of $27,852,643.87. This represents an overall construction change order rate of 4.45 percent. ENVIRONMENTAL REVIEW: All significant environmental effects for the Marina Park project have been adequately addressed in the previously certified Environmental Impact Report (SCH No. 2008051096) (EIR). Copies of the previously prepared and approved environmental document are available for public review and inspection at the City of Newport Beach website at http://www.newportbeachca.gov/cegadocuments. 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: Attachment A — Location Map Attachment B — Budget Summary W. BAY AVENIJE­`— d w w 2 F- m w w cnI- 2 t - a2 ATTACHMENT A NEWPORT HARBOR Xs] ir=1► w Lu ir F - u7 2 u -s ► :� :ice :�' �'a� Ld w w Lu w F. H w U7 n � n OCEAN FRONT WEST BUILDING & SITE DEVELOPMENT LOCATION MAP I Fr,FKIn MARINA PARK PACKAGE 3 BOUNDARIES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -3897-C 6/14/16 (15P14) a MARINA PARK MASTER BUDGET im BUDGETED BUDGETED ACTUAL ACTUAL TASK DESCRIPTION DETAIL COST TOTAL DETAIL COST TOTAL COMMENTS 1 CONCEPTUAL DESIGN/PERMITTING $ 1,680,441 $ 1,685,019 Complete a b RHdo Conceptual Design - closed Newfields (marine sediment sample) -closed $ 480,427 $ 114,772 $ 480,427 $ 119,350 a Coast Survey -closed -closed $ 27,980 $ 27,980 b Schmitz & Associates (CCC Application) -closed $ 225,000 $ 225,000 a Coastal Resource Management (sand disposal study) -closed $ 14,637 $ 14,637 b Gable Engineering (on-going support) -closed $ 363,715 $ 363,715 a Traker (cost estimating) -closed $ 103,815 $ 103,815 b Michael Branman (environmental) -closed $ 195,187 $ 195,187 a Leighton (SCE parcel Phase 1/11 report) -closed $ 26,452 $ 26,452 b George Hamilton (appraisal) -closed $ 28,500 $ 28,500 a Austin Foust -closed $ 8,960 $ 8,960 b Sirius EIR consultant) -closed $ 90,996 $ 90,996 2 LAND ACQUISITION $ 600,000 $ 605,116 $600k cash plus closing fees a SCE Parcel $ 600,000 $ 605,116 3 SOFT COSTS $ 5,035,156 $ 4,867,473 a A/E SERVICES / RABBEN HERMAN $ 2,620,861 $ 2,574,770 Rabben Herman and Design Team RHdo $ 2,574,770 b GEOTECHNICAL (Stone Column Design) /TERRACOSTA $ 145,635 $ 159,434.90 Design/Inspection of Stone Column system $ 145,635 $ 145,635 Terra Costa Preconstruction Mtg Incl Incl Stone Column Installation Observation Incl Incl Stone Column Reports Incl Incl Amendment 1 to PSA $ 13,800 Terra Costa Amendment 1 was approved for $30,982.76) c TESTING AND INSPECTION $ 305,000 $ 552,786 Soils Testing, Material Testing, Final Report $ 205,000 $ 206,487 GMU Geotechnical GMU PSA Amendment No. 1 $ 158,758 Additional Testing/oversight for Marina GMU PSA Amendment No. 2 $ 5,857 Additional Testing/oversight for Marina Pile Driving Roofing Inspections $ 20,000 $ 26,383 Independent Roofing Consultants (IRC) Specialty Paint and Coating Inspection $ 10,000 Coating & Inspection Services Environmental Plan, WQ & Biological Monitoring $ 80,000 $ 145,301 d CONSTRUCTION MANAGEMENT $ 1,222,860 $ 1,222,860 Griffin Structures Construction Management $ 1,199,860 $ 1,199,860 Reimbursable $ 23,000 $ 23,000 im MARINA PARK MASTER BUDGET 9-7 TASK DESCRIPTION BUDGETED DETAIL COST BUDGETED TOTAL ACTUAL DETAIL COST ACTUAL TOTAL COMMENTS e SOFT COST CONTINGENCY $ 450,000 $ Soft Cost Contingency $ 450,000 f HAZMAT ABATEMENT $ 27,800 $ 25,670 Environcheck; LBP & Asbestos Report $ 12,800 $ 12,800 3rd Party Abatement Observation and Reporting (SCS) $ 15,000 $ 12,870 Total of SCS ($10,500) & H2 ($2,370) g UTILITY COMPANY CONNECTION SERVICES AND FEES $ 205,000 $ 182,606 Edison $ 100,000 $ 89,102 So Cal Gas $ 35,000 $ - ($25,277.50 paid through KPRS CO) Time Warner $ 35,000 $ 33,608 Cable installation ATT $ 35,000 $ 59,896 h CITY OF NEWPORT BEACH/OTHER AGENICIES FEES $ 5,000 $ 25,820 MEP Plan Check Fees $ - $ - Grading Plan Check (Based on 43750 cut / fill) $ - $ 22,016 GMU Grading Plan Check Fees Sanitation District Fee $ $ - School District Fee $ $ - Plan Check Fee $ $ - Permit Fee $ $ 2,508 Seismis Safety & Green Building Registration CONBFD $ $ - Coastal Commission Fees $ - $ - OC Health Dept. Fees $ 5,000 $ 1,296 i MISCELLEANOUS COST/FEES $ 53,000 $ 123,525 Submittal Exchange/Plan Reproduction $ 25,000 $ 14,778 Final Parcel Maps & Easements $ 15,000 $ 24,532 Public Outreach $ 10,000 $ - LEED Certification $ 3,000 $ - Deleted Requirement Tight Quarters $ 5,200 Additional Beach Sand Management Misc Survey and Legal Descriptions $ 8,835 Misc Charges and Items $ 70,180 9-7 MARINA PARK MASTER BUDGET BUDGETED BUDGETED ACTUAL ACTUAL TASK DESCRIPTION DETAIL COST TOTAL DETAIL COST TOTAL COMMENTS 4 HARD COSTS $ 29,543,281 $ 27,862,644 a PACKAGE 1: Demolition and Tree Relocation $ 410,471 Final Total Contract Amount = $332,934 Original Contract $ 405,130 Unlimited Environmental Inc. Remainder of 10% Contingency (Began with $40,513) $ - None Used in Contract Change Order No. 1 $ (67,516) Credit for Mobile Homes Reduction to Senna Tree Company Work $ (4,680) Initial Contract Amount Reduced at Conclusion b PACKAGE 2: Marina Basin Construction $ 3,671,724 Final Total Contract Amount = $4,842,769 Original Contract $ 4,576,079 The Dutra Group Remainder of 10% Contingency (Began with $457,608) $ - Final - Used 5.83% Contingency Bid Item Adjustment Amount $ (8,127) Final addition/deduction in bid quantities Change Order No. 1 $ (26,543) Deletion of Deadman Support Change Order No. 2 $ 13,565 Install Additional Rock/Fabric for GS Facility Pad Change Order No. 3 $ 10,493 Changed Condition regarding American Legion wall Change Order No. 4 $ 243,000 Excavation of additional 4000 cy suitable beach sand Changed sub -surface condition on bulkhead install Removal of unknown & abandon utilities & structures. Change Order No. 5 $ 34,302 WiFi, Added Sand 18th ST, grout tie -back holes c PACKAGE 3: Community Center and Park $ 17,421,081 Final Total Contract Amount = $19,760,089 Original Contract $ 18,748,000 KPRS Construction Services Inc. Remainder of 10% Contingency (Begin with $1,874,800) $ - Final - Used 5.4% Contingency Change Order No. 1 $ 27,247 Additional asbestos, footing/concrete removals in Demo Change Order No. 2 $ 948 Change Order No. 3 $ 17,026 Delay Cost associated with Pad delivery Change Order No. 4 $ 47,726 Change Order No. 5 $ 65,454 Change Order No. 6 $ 14,474 Change Order No. 7 $ 84,337 Change Order No. 8 $ 15,652 Restaurant to Reimburse City Change Order No. 9 $ 81,563 Change Order No. 10 $ 51,696 Change Order No. 11 $ 52,492 Change Order No. 12 $ 1,166 Restaurant to Reimburse City Change Order No. 13 $ 41,631 Change Order No. 14 $ 28,922 Change Order No. 15 $ 1,711 Restaurant to Reimburse City Change Order No. 16 $ 87,756 Change Order No. 17 $ 15,598 Restaurant to Reimburse City Change Order No. 18 $ 110,452 Change Order No. 19 $ 77,922 Change Order No. 20 $ 5,688 Restaurant to Reimburse City Change Order No. 21 $ 59,477 Change Order No. 22 $ 28,243 Change Order No. 23 $ 4,687 Restaurant to Reimburse City Change Order No. 24 $ 87,225 Change Order No. 25 $ 3,000 9-8 MARINA PARK MASTER BUDGET Last Updated 5-31-16 Overall Project Construction Contingency Summary BUDGETED BUDGETED Contingency ACTUAL ACTUAL Package TASK DESCRIPTION DETAIL COST TOTAL DETAIL COST TOTAL COMMENTS d PACKAGE 4: Docks $ 2,217,741 Final Total Contract Amount = $2,926,852 $ Original Contract $ 40,513 -$72,196.04 $ $ 2,937,661 27.82% Package 2 $ Remainder of 10% Contingency (Begin with $293,766) $ 457,608 $266,689.89 $ $ - 4.17% None Used in Contract $ Change Order No. 1 $ 1,874,800 $1,012,089.02 $ $ (11,918) 4.60% credit for pile size reduction $ 2,937,661 Change Order No. 2 -$20,809.00 $ 314,575.10 10.71% $ 1,109 $ Modifications to light lens and swim ladders $ 2,666,687 Reduction in Schedule of Values Item $ 1,480,913 5.55% $ (10,000) Reduced long term maintenance work e PREVAILING WAGE $ 3,883,764 Incl Now Included in Actual Direct Costs f CONTINGENCY - COURSE OF CONSTRUCTION $ 1,938,500 g MISCELLAIOUS CONSTRUCTION COST 0- 2017 (one time) Marina Dock Inspection/Tuneup $ 10,000 5 FIXTURES, FURNISHINGS, & EQUIPMENT (FF&E) $ 560,000 $ 467,740 a Package 5: FF&E $ 500,000 $ 414,543 430k for Fixtures + 70k for tax, install b Computers, Phones, Servers, Scanners, Copiers $ 60,000 $ 53,197 CONB IT provided 6 ICITY RESERVE $ 2,081,000 $ -$54,975.85 7 Credits and Reimbursements $ Change Order Cost to be Reimbursed from Lighthouse Cafe -$44,500.43 Proposed Sale of Property to OCSD $0.00 SCE Savings by Design Incentive -$10,475.42 PROJECT TOTAL i $ 39,500,000 $ 35,433,016 Last Updated 5-31-16 Overall Project Construction Contingency Summary Total Award Construction Contracts = $ 26,666,870.00 Total Construction Change Orders = $ 1,185,773.87 Total Final Construction Cost = $ 27,852,643.87 Final Overall % Change Orders = 4.45% Contingency Contingency Package Award Allowance Used to Date Contingency Remaining (10%) Package 1 $ 405,130 $ 40,513 -$72,196.04 $ 112,709.04 27.82% Package 2 $ 4,576,079 $ 457,608 $266,689.89 $ 190,918.01 4.17% Package 3 $ 18,748,000 $ 1,874,800 $1,012,089.02 $ 862,710.98 4.60% Package $ 2,937,661 $ 293,766 -$20,809.00 $ 314,575.10 10.71% Total Award $ 26,666,870 $ 2,666,687 $ 1,185,774 $ 1,480,913 5.55% Total Award Construction Contracts = $ 26,666,870.00 Total Construction Change Orders = $ 1,185,773.87 Total Final Construction Cost = $ 27,852,643.87 Final Overall % Change Orders = 4.45% Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 a.m. on the 8th day of April, 2014, at which time such bids shall be opened and read for MARINA PARK PROJECT— BUILDING & SITE DEVELOPMENT Title of Project Contract No. 3897-C $ 18,500,000 Engineer's Estimate Public Works Director ONLY PRE-QUALIFED GENERAL CONTRACTORS MAY BID ON THIS CONTRACT Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Mandatory Pre -Bid Meeting at 9:00 AM On March 13, 2014, to be held at the 18`h Street Parking Lot Located at 1770 W. Balboa Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: `B" For further information, call Jon Hughes, Construction Manaqer at (949) 444-1615 BID INFORMATION AND A LIST OF PRE QUALIFIED GENERAL CONTRACTORS ARE AVAILABLE ON THE CITY WEBSITE: http:llwevw NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results MARINA PARK PROJECT — BUILDING AND SITE DEVELOPMENT CONTRACT NO. C-3897(0) THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day of May, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KPRS CONSTRUCTION SERVICES, INC., a Nevada corporation ("Contractor"), whose address is 2850 Saturn Street, Brea, California 92821, 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: Marina Park Project — Marina Park Building and Site Development. The work necessary for the completion of this project includes, but is not limited to: 1) all material, equipment, supplies and labor for demolition of existing buildings and appurtenances; 2) undergrounding overhead utilities; 3) clearing and grubbing; 4) grading; 5) constructing new buildings; on- and off-site improvements; utility improvements; 6) relocating and installing trees, landscape material and irrigation system; 7) installing all site furnishings; and 8) all other items to complete work in place (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, Warranty Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C -3897(C), 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 Eighteen Million Seven Hundred Forty Eight Thousand Dollars and 00/100 ($18,748,000.00). 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.). KPRS Construction Services, 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: Iris Lee 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: Bob Berenguer KPRS Construction Services, Inc. 2850 Saturn Street Brea, CA 92821 6. 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 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. 7.1 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, KPRS Construction Services, 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. KPRS Construction Services, Inc. Page 4 8. CHANGE ORDERS 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] KPRS Construction Services, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY A PRN a 'S OFFICE Date: I la Aaron C. Harp W515 -1,y City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: Co - 3>, I L' By: S 2 Rush N. Hill, II Mayor ATTEST: /c CONTRACTOR: KPRS Date: �-`T.CONSTRUCTION SERVICES, INC., a Nevada corporation Date: By: , Leilani I. Brow Joel Stns City Clerk Preside t ZQ FpRl- -"j Date: C:,51. \ \-A B: ul Kristedja Vice President/ cretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Exhibit D — Warranty Bond KPRS Construction Services, Inc. Page 6 1W11:11;3ri -3 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. 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, provided that the policies of workers compensation insurance may be issued by insurers with a Best Rating of not less than B- and Class VII or better or such insurance may be provided through the State Compensation Fund. 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 on an occurrence basis in an amount not less than five million dollars ($5,000,000) insuring against and including without limitation coverage for products and completed operations, property damage, bodily injury, personal and advertising injury, and contractual liability. General liability coverage for subsidence up to the full limits shall also be included (coverage for any subsidence cannot be excluded from Click here to enter text. Page A-1 the general liability policy). If a general aggregate limit applies, the limit shall apply separately to this Project/location or the aggregate limit shall be twice the required occurrence limit ($10,000,000). The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an 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 Insurance. 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 (for Buildings 1, 2, 3 and 4), 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 as it applies to Buildings 1, 2, 3 and 4, 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. 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 officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. Click here to enter text. Page A-2 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 Right 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. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on Click here to enter text. Page A-3 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 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these Click here to enter text. Page A-4 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. Click here to enter text. Page A-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/15/14 Dept./Contact Received From: Raymund Date Completed: 5/23/14 Sent to: Raymund By: Chris Company/Person required to have certificate: KBPS Construction Service, Inc. Type of contract: All Others L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. B. AM BEST RATING (A-: VII or greater): A:IX C. C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach 0 Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) NIA include): Is it included? (completed Operations status does PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No COMPLETED OPERATIONS ENDORSEMENT (completed NOTICE OF CANCELLATION: 0 N/A 0 Yes 0 No Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. 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): M N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/13-7/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater) A: LK C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M 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?) NIA F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): EI N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: 0 N/A 0 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/13-10/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory X Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? X Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: X N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No 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: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date X N/A ❑ Yes ❑ No 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: Approved: Risk Management Date * Subject to the terms of the contract. EXECUTED IN DUPLICATE Premium is Included EXHIBIT B in Performance Bond �, •:... ii �, . 1 M. WHEREAS, the City of Newport Beach, State of California, has awarded to KPRS CONSTRUCTION SERVICES, INC., hereinafter designated as the "Principal," a contract for Marina Park Project — Building and Site Development 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, Liberty Mutual 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 Eighteen Million Seven Hundred Forty Eight Thousand Dollars and 00/100 ($18,748,000.00) 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. r • - • r • • r r • • I MIMto n r, • .' ••' of of r KPRS Construction •arc As a part of the obligation secured hereby, and in addition to the face amount specified in this Warranty Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Warranty Bond shall be maintained by the Principal in full force and effect for one (1) year from the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principai and Surety above named, on the 14th day of May , 2014. KPRS Construction Services, Inc. Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange,__CA 92868 Address of Surety (714) 634-5723 Telephone Auth ri ed Signatutr 1 Authorized Agent Signature Rhonda C. Abel Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST RE A TTA CHER KPRS Construction Services, Inc. - State of California County of _ Oranpe } ss. On May 7 2014 before me, K. Luu Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(g) whose name() is/no subscribed to the within instrument and acknowledged to me that Pwshe!fty executed the same in MherltW authorized capacity' , and that by M/her/ttW signatures(g) on the Instrument the person(s), or the entity upon behalf of which the person(g) 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 f{m/y hand and official seal. 3 Signature State of California 'y Commiss,on # 19' 5906 Notary Puri � alhrnj G anre County My Comm.Lxoi Nov 6, 2015 y? (seal) Countyof C' Cc�iCh 1ss. O �41 201 before me, Notary Public, personally appeared Y t. who proved to me on the basis of satisfac ry evidence to be the person, whose nameW is/aye subscribed to/the within instrument and acknowledged to me that he/she/they executed the same in his/Mer/thelir authorized capacity(1�6), and that by his/hpf/thsir signatures(sy on the instrument the peon(W, or the entity upon behalf of which the person,O 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.Commission # 1920684 r1 z Notary Public - California Orange County PAy Comm. Expires Eeb 3, 2015 Signature (s PRS Construction services, Inc. EXECUTED IN DUPLICATE The premium charges on this Bond is $ 122,388.00 , being at the rate of $ 14.40 / 8.70 / 6.90 / 6.30 / 5.76 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to KPRS CONSTRUCTION, INC. hereinafter designated as the "Principal," a contract for Marina Park Project- Building and Site Development 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 Liberty Mutual 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 Eighteen Million Seven Hundred Forty Eight Thousand Dollars and 001100 ($18,748,000.00) 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. KPRS Construction Services, Inc. Page C received,Surety, for value -tes and agrees ._ :. to the Work or to the specifications. This Faithful Performance Bond shall be maintained by the Principal in full force and effect until the date of formal acceptance of Project by the City, and will be replace with Contractor-fumished Warranty Bonds. 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 14th day of s May 12014. KPRS Construction Services, Inc. Name of Contractor (Principal) Libertv Mutual Insurance Comoany Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714)634-5723 Telephone Ys Authorized Agent Signature Rhonda C. Abel, Attorney -in -Fact Print Name and Title NOTARY • i 1 OF .U•P11 iG •. - KPRS Construction Services, Inc. '.:.' ACKNOWLEDGMENT State of California County of Orange i ss. On May 7 2014 before me, K. Luu , Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(A) whose name(g) is/Avg subscribed to the within instrument and acknowledged to me that btevshe/ti y executed the same in ffid/her/KV& authorized capacity(jeo, and that by hWher/twit signatures(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. paragraph K. LUU tl Commission # '955906 WITNESS m hand and official seal. y �`` a � E �,i - Notary Public - California z: Orange County My Comm. Expires Nov 6, 2015 Signature (seal) ACKNOWLEDGMENT State of Califqrnia County of ss. 20before me, Notary Public, personally appeared who proved to me on the basis of satisfa tory evidence to be the person(s7' whose name(;) is/arg/ subscribed to the within instrument and acknowledged to me that he/sXe/tto(y executed the same in his/h#thor authorized capacity(i94), and that by his/I}e01-I4 signatures( on the instrument the persono, or the entity upon behalf of which the person) 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. BRIE COSTELLO Commission # 1920684 WITNESS m hand and official se I � � = . y z ,�, Notary Public - California Z Z . Orange County b \I My Comm. Expires Feb 3, 2015 Signature (seal) KPRS Construction Services, Inc. EXECUTED IN DUPLICATE The premium charges on this Bond is $ Included in Performance Bond being at the rate of $ 14.40 i 8.70 / 6.90 i s.so / 5.76 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to KPRS CONSTRUCTION SERVICES, INC., hereinafter designated as the "Principal", a contract for construction of MARINA PARK PROJECT - BUILDING AND SITE DEVELOPMENT, Contract No. C -3897(C) in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has satisfactorily constructed work in strict conformity with Contract No. C -3897(C) and the terms thereof require the furnishing of a Bond for the warranty of the Contract to warrant all improvements free from defects in workmanship and material, and shall replace or repair any and all defects or deficiencies in said work resulting from defective materials or defective workmanship at the Principal's sole cost and expense; NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company , duiy 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 Eighteen Million Seven Hundred Forty Eight Thousand Dollars and 00/100 ($18,748,000.00) lawful money of the United States of America, said sum being equal to 100% of the actual construction 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, fall to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. KPRS Construction Services, Inc. ofthisBond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Warranty Bond shall be maintained by the Principal in full force and effect for one (1) year from the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. ta • ii '• 1: •, k' t KPRS Construction Services Inc. Name of Contractor (Principal) Liberty Mutual Insurance Companv Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714)634-5723 Telephone Authibriied Signatur itle Authorized Agent Signature Rhonda C. Abel, Attorney -in -Fact Print Name and Title KPIRS Construction Services, Inc. State of California County of Orange } ss. On May 7 2014 before me, K. Luu Notary Public, personally appeared Rhonda C. Abel I who proved to me on the basis of satisfactory evidence to be the person(A) whose name(X) is/goo subscribed to the within instrument and acknowledged to me that he/she/ttwy executed the same in lkifterlftwk authorized capacity(fe4 and that by HIM/her/flWit signatures(s) on the instrument the person(X), or the entity upon behalf of which the person(&) 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, V � Signature State of Cal' rnia County of 7-Q nG° (2 _} ss. (seal) 20_ before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(/ whose name(s) is/aree` subscribed to the within instrument and acknowledged to me that he/sXelthpdy executed the same in his/hoer/thgir authorized capacity(196), and that by hisfi*r/their signaturesW on the Instrument the personO, or the entity upon behalf of which the persons) 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. ®m BRIE COSTELLO Commission # 1920684 WITNESS my hand and officials I. z Notary Public - California z Orange County n C„t �` a � My Comm. Expires Feb 3, 2015 J Signature (seal) KPRS Construction Services, Inc. d# Wary P ,it california 2 ltrara county ' My Comm, Exp s Nov 6 5 -, State of Cal' rnia County of 7-Q nG° (2 _} ss. (seal) 20_ before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(/ whose name(s) is/aree` subscribed to the within instrument and acknowledged to me that he/sXelthpdy executed the same in his/hoer/thgir authorized capacity(196), and that by hisfi*r/their signaturesW on the Instrument the personO, or the entity upon behalf of which the persons) 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. ®m BRIE COSTELLO Commission # 1920684 WITNESS my hand and officials I. z Notary Public - California z Orange County n C„t �` a � My Comm. Expires Feb 3, 2015 J Signature (seal) KPRS Construction Services, Inc. THIS POWER OF ATTORNEY IS NOT V''JD UNLESS IT IS PRINTED ON RED BACKGr'OUND. This Power of Attorney limits the acts of those nam; rein, and they have no authority to bind the Company excc' the manner and to the extent herein stated. Certificate No. 6454143 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 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 authority herein set forth, does hereby name, constitute and appoint, Heather Saltarelli; James A. Schaller; Jeri Apodaca; Kim Luu; Michael D. Parizino; Rachelle Rheault; Rhonda C. Abel all of the city of Newport Beach , 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 19th day of February , 2014 J STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: /1 David M. Care ; Assistant Secretary On this 19th day of February , 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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 Plymouth Meeting, Pennsylvania, on the day and year first above written. By: Teresa Pastella , Notary Public This Power of Attorney is made and executed pu'Nionittd.and by`autt ority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, ,and,West Am-drie'an Insurance Company which resolutions are 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 attomeys-in-fact, as may be necessary to act 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 attomeys-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 attomey-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 act 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 attomeys-in-fact subject to the limitations set forth in their 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 David M. Carey, 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, Gregory W. Davenport, 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 ofAttomey 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 seals of said Companies this day of i LMS_12873 122013 MAY 14 2014 ,20 By: Gregory W. Davenport, Assistant Secretary 178 of 500 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARINA PARK PROJECT- BUILDING AND SITE DEVELOPMENT CONTRACT NO. 3897-C 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 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 4-1.2 Protection of Work and Materials 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - 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 6-1.1.1 Scheduling Considerations 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 FACILIITIES 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 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 5 6 6 6 6 7 7 7 8 9 9 9 7-10.3 Street Closures, Detours and Barricades 10 7-10.4 Safety 11 7-10.4.1 Safety Orders it 7-10.5 "No Parking' Signs 11 7-10.6 Notices to Residents and Businesses 11 7-10.7 Street Sweeping Signs and Parking Meters 12 7-15 CONTRACTOR'S LICENSES 12 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 13 7-17 TEMPORARY WATER MAIN BY-PASS 13 7-17.1 General 13 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 14 7-18A General 14 7-19 SEWER FLOW BY-PASS SYSTEM 15 SECTION 9 - MEASUREMENT AND PAYMENT 15 9-3 PAYMENT 15 9-3.1 General 15 PART 2 CONSTRUCTION MATERIALS 17 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 17 201-1 PORTLAND CEMENT CONCRETE 17 201-1.1.2 Concrete Specified by Class 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.2.1 Reinforcing Steel 17 203-6 ASPHALT CONCRETE 17 203-6.4 Asphalt Concrete Mixtures 18 203-6-4.3 Composition of Grading 18 SECTION 207 - PIPE 18 207-2 REINFORCED CONCRETE PIPE (RCP) 18 207-2.1 General 18 207-2.5 Joints 18 207-9 IRON PIPE AND FITTINGS 18 207-9.2 Ductile Iron Pipe for Water and Other Liquids 18 207-9.2.2 Pipe Joints 18 207-9.2.3 Fittings 19 207-9.2.6 Polyethylene Encasement for External Corrosion Protection, 19 207-9.4 AWWA Butterfly Valves 19 207-9.4.1 General 19 SECTION 214 --- PAVEMENT MARKERS 20 PART 3 CONSTRUCTION METHODS 20 SECTION 300 ---EARTHWORK 20 300-1 CLEARING AND GRUBBING 20 300-1.3 Removal and Disposal of Materials 20 300-1.3.1 General 21 300-1.3.2 Requirements 21 300-1.5 Solid Waste Diversion 21 SECTION 302 ---ROADWAY SURFACING 22 302-5 ASPHALT CONCRETE PAVEMENT 22 302-5.1 General 22 302-5.4 Tack Coat 22 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 22 302-6.6 Curing 22 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 22 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 22 303-5.1 Requirements 22 303-5.1.1 General 22 303-5.5 Finishing 23 303-5.5.1 General 23 303-5.5.2 Curb 23 303-5.5.4 Gutter 23 SECTION 310 --- PAINTING 23 310-5 PAINTING VARIOUS ROADWAY AND PARKING SURFACES 23 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 23 310-5.6.6 Preparation of Existing Surfaces 23 310-5.6.7 Layout, Alignment, and Spotting 23 310-5.6.8 Application of Paint 24 310-5.6.11 Pavement Markers 24 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 25 312-1 PLACEMENT 25 MARINA PARK PROJECT- BUILDING AND SITE DEVELOPMENT CONTRACT NO. 3897-C 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. C -3897-C: Marina Park Building and Site Development); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements, and (5) Architect's Specifications. 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 work necessary for the completion of this contract consists of construction and related services required by the Contract Documents, including all labor, material, equipment, and supervision as required for the demolition of existing facilities, site clearing and grubbing, tree relocation, construction of multiple new buildings, parking area, playgrounds and fitness amenities, site and landscaping work, street and utility work, and all other items to complete the work prescribed in these Contract Documents. The building will be certified with a LEED Silver rating." 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, retain a licensed surveyor to inspect the project for existing survey monuments. The Contractor shall protect all survey monuments during construction Page 1 of 28 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." 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 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 MATERIALS AND WORKMANSHIP 4-1.2 Protection of Work and Materials Add to this section " All existing Palm trees on site will be considered as materials for the future construction, and as such will be subject to the requirements and penalties for damages listed below and in section 32 9643 Tree Relocation. Replacement Trees: Based on the arborist's report, for all palm trees that are not thriving at the conclusion of the maintenance perdio, the following replacement schedule will apply. Tree Height Replacement Washingtonia robusta: 40' and taller 30' BTH Washingtonia filifera Page 2 of 28 Washingtonia robusta 25'— 40' 25 BTH Washingtonia filifera Washingtonia robusta 15'-25' 20'13TH Washingtonia filifera Washingtonia robusta less than 15' 15'13TH Syragus romanzoffianum For trees damaged during demolition and other construction activities, there will be an additional penalty of $5,000 per damaged tree. 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3`d paragraph: "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. Add Section 5-7 ADJUSTMENT TO GRADE Rfizxg• 1sa Page 3 of 28 The Contractor shall adjust or replace to finish grade of 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 Add the following between the first and second paragraphs of this section: 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." 6-1.1.1 Scheduling Considerations Add the following section: 1. All work at Building 4, W. Bay Avenue, and bay front beach area shall take place between Labor Day and Memorial Day. 2. Contractor shall work cooperatively with other City -retained contractors in the general Marina Park project site. 3. Work impacting the public right-of-way shall be coordinated where (1) public access is maintained; and (2) construction activities in the vicinity are sequenced accordingly. See Architect's Specifications and plans for additional scheduling considerations Page 4 of 28 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 340 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 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." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 5:00 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. 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 Two Thousand Dollars and 00100 ($2,000.00). Page 5 of 28 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 PRE-BID MEETING. The City will conduct a pre-bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is MANDATORY. Bids received from bidders that fail to attend the pre-bid meeting may be deemed non-responsive. Bidders shall meet at the 18th Street parking lot, located at the northeast corner of 18t`' Street and W. Balboa Boulevard. The purpose of the Pre-bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, utilities, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre-bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. 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 an $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, 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 7-7 COOPERATION AND COLLATERAL WORK Add to this section: 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." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 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 in public streets, roads, or sidewalk areas if approved by the Engineer in advance. It is anticipated that all Contractor's equipment and material storage will be accommodated on site. It is further expected that the Contractor will work collaboratively with other City Contractors to store material on site. 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.newportbeachcagov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." Page 7 of 28 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 leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Add to this section: "For this project, the City has prepared the application for coverage under the Construction General Permit (CGP) as specified by the State Water Resource Control Board (State Water Board) Order No. 2009-0009-DWQ. The Contractor shall comply with the provisions and requirements of the CGP. A copy of this permit and related documents/attachments may be found on the internet at: httr)://www.swrcb.ca.aov/water issues/proarams/stormwater/constpermits shtmi The Contractor shall prepare and submit a Construction Site Monitoring Program (CSMP) to the Engineer. The CSMP shall include the information needed to demonstrate compliance with all the requirements of the CGP and SWPPP. The Contractor shall amend the SWPPP and CSMP as needed during the course of work to reflect actual construction progress and construction practices. The Contractor shall designate a Qualified SWPPP Practitioner (QSP), as defined be the CGP, who will be responsible for compliance with CGP requirements on the project at all times. The SWPPP shall not be construed to be a waiver of the Contractor's obligation to review and understand the CGP before submitting a bid. By submitting a bid, the Contractor acknowledges that he has read and understands the requirements of the CGP and SWPPP. Page 8 of 28 The Contractor shall be responsible for providing all reports required by the CGP and SWPPP (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to the Engineer for review. Time sensitive reports involving monitoring data shall be provided as soon as the information is available. All other reports shall be provided to the Engineer a minimum of two weeks prior to their deadline for submittal to the State Water Board. The CSMP shall include, but not be limited to, the following: 1. Administer, implement, maintain, and ensure adequate functioning of the various water quality control measures identified within the SWPPP during construction including all Numeric Action Level (NAL) and Numeric Effluent Limitation (NEL) sampling, monitoring and reporting requirements statutorily required for the determined Risk Level of the PROJECT site. These tasks must be performed by the QSP. 2. Provide and maintain all documentation at the jobsite and administration for the entire Contract period. 3. Perform all work required for compliance with the requirements of the CGP including preparation of all Rain Event Action Plans and construction of effective treatment control BMPs. 4. Provide all labor, tools, equipment, and materials for any additional BMPs which may be required to comply with the requirements of the CGP. 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 14.36.030A2,3 of the City's Municipal Code. 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 to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. Access to bay front beach area may be restricted only with coordination and approval from the Engineer. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for closure of a public street and/or parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and 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 refiectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. Page 10 of 28 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs As necessary, the Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided 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. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow - Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents and Businesses 7-10.6 Notices to Residents and Businesses Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. Page 11 of 28 The written notices will be prepared by the Contractor, 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. Add the following Section 7-10.7 "Street Sweeping Signs and Parking Meters' 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the impacted traveled way is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General building Contractor `B" License. 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. Utility work requires a California Contractor's "A' License and all Landscape Related Work Items requires a "C-27" License, both of which may be held by either the General Contractor or one or more of his subcontractors. Tree relocation Contractor will be able to demonstrate previous experience and success in relocating large palm trees, as required by the bid certification. Specific Requirements are: • They shall have a minimum of 5 years of experience moving large specimen trees, • Their experience shall include relocating palms of a minimum of 50 feet in height for at least two separate projects. • They can provide references for at least five projects involving the relocation of large trees and /or palms At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. Asbestos and lead paint removal shall be completed by a State Certified Asbestos and Lead Paint Abatement Contractor. Page 12 of 28 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. A separate set of "As -Built" drawings shall be maintained for Building 5, if said work is included in the Contract. 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." Add the following Section 7-17 TEMPOARY WATER MAIN BY-PASS 7-17 TEMPORARY WATER MAIN BY-PASS 7-17.1 General As a part of this project, the Contractor will be responsible for installation of the temporary by-pass water system as described in these special provisions and the plans. The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by- pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. Page 13 of 28 2. The Contractor shall obtain approval from the City prior to installing by-pass lines for water mains and lateral. It is the responsibility that proposed by-pass line is viable. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the by-pass systems from Mr. Alex Soto, at (949) 718- 3410. The Contractor shall be responsible for disinfection and flushing the by- pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. Add the following Section: 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 7-18.1 General As a part of this project, the Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services and Sections 207-21.7, 207- 21.7.1, 207-21.7.2, 306-1.4.5 (Water pressure test) and 306-1.4.7 (Water main Disinfection) of the Standard Special provisions: Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing the City prior to construction. such continuous service shall be approved by 2. Contractor shall pressure test new main lines including any services prior to disinfection. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the new main and services from Mr. Alex Soto, at (949) 718-3410. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. Page 14 of 28 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation." Add the following Section: 7-19 SEWER FLOW BY-PASS SYSTEM As necessary, the Contractor shall bypass all sewage flows during sewer related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120% of the peace flow as specified by the "City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 working days for review and return of comments. Approval by the City does not in any way relieve the Contractor of its responsibilities provided for in this section of any public liability for sewage spills under this Contract." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for providing bonds, insurance and financing, establishing a field office, preparing/implementing the BMP/SWPPP Plan, providing a construction schedule, coordinating and attending all construction -related meetings, coordinating construction activities with other utility companies, regulatory agencies, City departments and contractors, adhering to all project permit requirements, providing submittals and any necessary documentations, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project Page 15 of 28 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 Building 1 — Sailing Center: Work under this item shall include, but not limited, to the cost of all labor, equipment and material to complete all work shown on all contract documents associated with the construction of Building 1 — Sailing Center, and all other work items as required for performing the work complete in place. Item No, 3 Building 2 — Community Center: Work under this item shall include, but not limited, to the cost of all labor, equipment and material to complete all work shown on all contract documents associated with the construction of Building 2 —Community Center, and all other work items as required for performing the work complete in place. Item No. 4 Building 3 — Playground Lighthouse Feature: Work under this item shall include, but not limited, to the cost of all labor, equipment and material to complete all work shown on all contract documents associated with the construction of Building 3 — Playground Lighthouse Feature, and all other work items as required for performing the work complete in place. Item No. 5 Building 4 — 19th Street Restroom: Work under this item shall include, but not limited, to the cost of all labor, equipment and material to complete all work shown on all contract documents associated with the construction of Building 1 — Sailing Center, and all other work items as required for performing the work complete in place. Item No. 6 Site Work & Landscape: Work under this item shall include, but not limited, to the cost of all labor, equipment and material to complete all work shown on all contract documents associated with the on and off-site work, landscaping, work not covered in the Items 2, 3, 4, 5 and Al, and all other work items as required for performing the work complete in place. ALTERNATE BID ITEM Item No. Al Building 5 — Girl Scout Leadership Center: Work under this item shall include, but not limited, to the cost of all labor, equipment and material to complete all work shown on all contract documents associated with the construction of Building 5 — Girl Scout Leadership Center, and all other work items as required for performing the work complete in place. All cost associated with mobilization, bonds, warranties, insurances, fees, as-builts, and conditions associated with Building 5 shall be included in this Alternate Bid Item Number Al. The Items of work for the purposes of payment will be determined by the Schedule of Values described below:" Add this Section 9.3.1.1 Schedule of Values. "Within ten (10) days after execution of the Contract, Contractor shall submit for Engineer's review and approval a schedule of values for all of the Work. A separate Schedule of Values will need to be provided for Building 5, if Page 16 of 28 awarded as part of the Contract. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Contractor throughout the Work. Monthly Progress Payments: On or before the date established in the Contract, Contractor shall submit for Engineer's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting. The Application for Payment shall constitute Contractor's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Engineer as free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Contractor's receipt of payment, whichever occurs earlier." 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, unless otherwise shown on the plans and/or Architect's Specifications. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover, unless otherwise shown on the plans and/or Architect's Specifications. 203-6 ASPHALT CONCRETE Page 17 of 28 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course, unless otherwise shown on the plans and/or Architect's Specifications. SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE (RCP) 207-2.1 General These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207-2.5 Joints Add to this section: All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845- 6962." 207-9 IRON PIPE AND FITTINGS 207-9.2 Ductile Iron Pipe for Water and Other Liquids 207-9.2.2 Pipe Joints Add to this section: All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. '.• All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints. 207-9.2.3 Fittings Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI 816.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber." 207-9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. Add the following Section 207-9.4 AWWA Butterfly Valves 207-9.4 AWWA Butterfly Valves 207-9.4.1 General All butterfly valves shall be of the tight -closing, rubber -seat type, conforming to the design standards of ANSI/AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and/or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be manufactured by the Henry Pratt Co. or approved equal prior to bidding. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have Type 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65-45-12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18-8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Page 19 of 28 Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self-lubricating, corrosion -resistant, sleeve type. Bearings shall be designed for horizontal and/or vertical shaft loading. Shaft packing shall be self-adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI/AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI/AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." 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 asox?page=157 and then selecting the link Franchised Haulers List." Page 20 of 28 The project will be LEED certified with a goal of diverting construction waste from landfills. See Architect' Specifications for additional requirements. 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 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 Curb, Walk, Gutters, Cross Gutters, Driveways, 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 1-1/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Clean 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 documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." Page 21 of 28 SECTION 302 ---ROADWAY SURFACING 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%s 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 street improvements to vehicular use until 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." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback Page 22 of 28 shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 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." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS ROADWAY AND PARKING 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 pavement Page 23 of 28 markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 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 paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: 310-5.6.11 Pavement Markers All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SECTION 312--- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." Page 25 of 28 City of Newport Beach 1115121113 0ki - Contract No. 3897-C 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 ANTICIPATED CONSTRUCTION SCHEDULE BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS SUBCONTRACTOR'S EXPERIENCE AND QUALIFICATIONS NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES CONTRACTOR'S INDUSTRIAL SAFETY RECORD ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) INFORMATION REQUIRED OF BIDDER PROPOSAL 2. Bid Schedule: • Invitation to Bid • Pre -Bid Meeting • Final Day to Submit Substitutions • Final Day to Submit Bidder Questions • Bid Opening • Construction Start March, 3, 2014 March 13, 2014, 9:00a.m. March 18, 2014, 5:00p.m. March 28, 2014, 5:00p.m. April 8, 2014, 10:00a.m. July 2014 3. Bidder shall submit an anticipated general construction schedule with the bid documents showing major milestones. 4. 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 for the base bid amount only by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 751130, Class 8 A Contractor's License No. & Classification KPRS Construction Services, Inc. Bidder t Joel Stensby, President 4/4/14 Date City of Newport Beach Contract No. 3897-C 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 the total amount bid Dollars ($ toi of total amount bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MARINA PARK PROJECT -BUILDING AND SITE DEVELOPMENT, Contract No. 3897-C 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 28th day of KPRS Construction Services, Inc. Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety 790 The City Drive South, Suite 200 Orange, CA 92868 Address of Surety (714)634-5723 Telephone 2014. 10 Authorized Agent Signature Rhonda C Abel Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT State of California County of Orange )SS. On March 28, 2014 before me, Jeri Apodaca Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(X) whose name(§) is/" subscribed to the within instrument and acknowledged to me that totshe/M� executed the same in NX/her/RM authorized capacityP", and that by DWherAWK signatures(A) on the instrument the person(X), or the entity upon behalf of which the person(X) 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. ®_ _ JERI APODACA WITNESS my hand and official seal. .�; COmmIS510n # 1904081 Notary Public - Calitornia z Orange County My Comm. Expires Oct 12.2014 Signature - OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer X Other: Attorney -in -Fact Other Information: m Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 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. 62B2842 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 8 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 authority herein set forth, does hereby name, constitute and appoint, Heather Saltarelii lam A 4 hall r ri Apotlara Kim Mi ha I� Parizino Rachelle Rhear It Rhonda C' Ab I all of the city of _NgwPAi state of CA each individually if [here 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 11th day of September 2013 r -... American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company STATE OF WASHINGTON as Gregory ft Davenport, Assistant Secretary COUNTY OF KING On this lith day of September , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself 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 1�year r�first above written. BY: t✓ KD Riley ,Not Public This Power ofAttomey is made and executed pursuant to and by authority of the following By -taws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are 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 wrong by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such adomeys-in-tact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undenakings, 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 attomey-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 attorneys In -fact as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogozances 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 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 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 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 ofAttomey 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 seals of said Companies this day of , 20_. MAR 2 8 2014 By: David M. Carey, Assistant Secretary LMS 12873 092012 875 of 1000 m a N N m c. C. T c'. m! m O'. >.0 I y UJ E E O C. QMi Ori' d� w 00 E' i N w co o c o. O 0, CD k�It State of CALIFORNIA County of Orange On March Al, 2014 before me, Brie Costello, Notary Public personally appeared Joel Stens bv who proved to me on the basis of satisfactory evidence to be the person( whose name) is/a,�e subscribed to the within instrument and acknowledged to me that he/s11e/tyey executed the same in his/Iykr/their authorized capacity(ies), and that by his/l er/their signaturew on the instrument the person(s or the entity upon behalf of which the person() 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. BRIE COSTELLO WITNESS my hand and officials al. y, Commission a 1920684 i ,�. Jpn Notary Public -California Z v.. i. Z Notary PUbliange County n C _ My Comm. Expires Feb 3. 2016 1NotW Seal OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an authorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ® CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) KPRS Construction Services Inc. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond — City of Newport Beach TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES Marina Park Projects -Building & Site Development City of Newport Beach Contract No. 3897-C 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: ®y_a-/ Address: r jam/"% Phone: State License Number: Name: at rvw--vl.�Pi Address: Phone: State License Number: Name: Q,� Address: Phone: State License Number: KPRS Construction Services, Inc. tJoel Stensby, President M Signature/ I itle City of Newport Beach igiisi-i Nam= Contract No. 3897-C DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name:if Address: / Phone: State License Number: Name: q ( •� Address: if A Phone: State License Number: KPRS Construction Services, Inc. Bidder Joel Stensby, President Autho i e Signature/Title 8 City of Newport Beach r- I..� �. Contract No. 3897-C 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 IN, of Number Total Bid Name:j'`^ 04 tk_1 Address: Phone: State License Number: Name: �I" Address: C�trr gio i Phone: O-�t State License Number: Name: Address: I iti �Ck�t 1C1� Phone: State License Number: KPRS Construction Services, Inc. Bidder Joel Stensby, President City of Newport Beach Contract No. 3897-C [.».4 M, r_v r r.ffi, MoM3I 1.10101, r r:�_�.� t.> c7Ey1 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: + �.5 Phone: � State License Number: �✓'` `� r Name: Address"" � .:, a. Phone: ev�C��Lh4f !Vv) State License Number: Name: Address: �-�l� r 7? a? 6Ae r1,"? (`,ani �" `® Phone: / State License Number: KPRS Construction Services, Inc. - _'�,, i Joel Stensby, President Bidder Authori- 8ianature/Title City of Newport Beach .- .• r r •• Contract No. 3897-C 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 Contractors 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, have been used in formulating the bid for the subject to the approval of the Engineer and in made in these subcontractors except with pri additional sheets if needed.) certifies that bids from the following subcontractors project and that these subcontractors will be used accordance with State law. No changes may be or approval of the City of Newport Beach. (Use Subcontractor's Information Bid Item Number Description of Work %of Total Bid Name: / Address: �" L Phone: 4^4 e II State License Number: Name: j Address:' Phone: tit? fid S State License Number: Name: 4d Address: IILP'1 7CiQirtLEDAy( �(�1 � Phone: / State License Number: KPRS Construction Services, Inc. Joel Stensby, President City of Newport Beach .- ..- ••s I . • �• Contract No. 3897-C 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: fit.s'aSc.—f �j cr^ Address: Phone: " ti° "'Y( r State License Number: Name: I /,A K41Address: (�—T-- J X b 16A Phone: State License Number: Name: S Address: Phone: State License Number: KPRS Construction Services, Inc. 0 Joel Stensby, President City of Newport Beach Contract No. 3897-C DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: t Phone: U / State License Number: Name: Address: ��((�� N,4E Fg°yL Phone: State License Number: Name:•✓ Address: I Phone:�� State License Number: KPRS Construction Services, Inc. Bidder M City of Newport Beach Contract No. 3897-C 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 gid item Description of Work % of Number Total Bid Name: Address: Phone: C\` (/A % State License Number: Name: Address:�'"r"°�' �Ql.l�fl`�at X Phone:; �+ State License Number: Name: Address: Phone: State License Number: KPRS Construction Services, Inc. / V ,\ Joel Slensby, President City of Newport Beach Ikyjmal gF_'§gmmris7 Zomeyim-.111[R7PkircimVi llmn�T Contract No. 3897-C DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: , KPRS Construction Services, Inc. .M Joel Stensby, President Authorized ignat re/Title 'J City of Newport Beach Contract No. 3897-C 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 Contractors 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 %ot Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: KPRS Construction Services, Inc. Eta City of Newport Beach MARINA PARK PROJECT — BUILDING AND SITE DEVELOPMENT Contract No. 3897-C III ay[H,V40Is],IM96411r111 cri" State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: KPRS Construction Services, Inc. `----_....___ J 1 \ Joel Stensby, President Bidder Ault to-ri41fe ionature/Title City of Newport Beach Contract No. 3897-C DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: KPRS Construction Services, Inc. Joel Stensby, President City of Newport Beach Contract No. 3897-C DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: KPRS Construction Services, Inc. Joel Stensby, President Signaturerritle City of Newport Beach Contract No. 3897-C DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: KPRS Construction Services, Inc. Bidder 0 Joel Stensby, President City of Newport Beach Contract No. 3897-C TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidder's Name KPRS Construction Services, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. 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. KPRS Construction Services, Inc. Bidder M Signature/ Title v. President Personnel Experience Representative Projects Sob Berenguer Senior Project Manager Bob brings over 32 years of experience in the commercial construction industry on projects ranging from education, healthcare, hospitality, sports and large corporate offices. Before joining KPRS, Bob worked for Pan -Pacific Plumbing and Mechanical as Vice President for five years and prior to that, twenty six years as a Vice President/Operations Manager for Turner Construction. As Project Director, Bob will fully understand the client's objectives and programs His general responsibilities will include assuring efficient, timely and complete communications amongst the entire project team, implementing policies and procedures for project execution in regards to safety, scheduling, documentation, and management of subcontractors, suppliers, and quality control and assurance. vd�;ca son: M.B.A. Cal State - Fullerton B.S. Civil Engineering - Rutgers University Certifiradons;ticenses: F.M.I. Leadership and M.A.P. Training, OSHA 30 Hour and CPR Certified EI Monte Basway andT€arsit Center L! a.':. it,, �, The new $50 million EI Monte Station includes a two-level bus terminal and is more than double the size from the previous station. The concourse features transit retail stores, surface parking and service center The facility was built to LEED Gold Standards using energy efficient and sustainable building methods. As part of the Metro's public art program, a clock sculpture is suspended from a stainless steel arch by artist Donald Ltpski. Rio Hrndc Commono'Iy C,,i!,a-ga Two new three-story buildings and a completely renovated and landscaped adjoining quad bring a modern center for student life to the hilltop campus of Rio Hondo Community College, The Student Services Building houses the offices of financial aid, admissions, counseling and other student services. The Central Student Union Building includes campus dining commons, student union offices and an activities center. Corona del Si Br Hig Srhoo'=nda=e News r _y KPRS Construction was selected by the Newport Mesa School District to build the Enclave at Corona del Mar High School. This two -building, 38,000 square foot facility is designed by Dougherty& Dougherty Architects and includes an administrative building and science lab class rooms, utilizing Type V -B construction with steel frame and metal deck roofing. x< �g Angel cr dium of Anaheim a r� sn�he "r ROME ,�g�� �- Angel Stadium of Anaheim awarded KPRS Construction the first phase stadium to project, which includes the renovation of the Diamond Club Restaurant, the relocation of the writer's press box to right field and the upgrade of a reception area and private dining room at the club level. Personnel Experience Representative Projects Gregory Weeger Superintendent As superintendent, Greg will fully understand the client's objectives and programs. His general responsibilities will include ensuring efficient, timely and complete communications amongst the entire project team, implementing policies and procedures for project execution in regards to scheduling, documentation, and management of subcontractors, suppliers, quality control and assurance. Greg will plan and review the Construction Program with the Senior Project Manager, implementing record keeping procedures and preparing the construction monthly reports, subcontractors scope of work and work order requests, He will examine all drawings, specifications and other documentation for design completeness, constructibility, practical and economic details, as well as code violations and in turn will bring forward these inconsistencies to the attention of the approved. Education, A.A., Orange Coast College - Construction Technology Cert;iicadons/€_icenses: California State Contractors License OSHA 30 Training Certificate Project Management Training: KPRS University, Monthly SafetyTraining Hacienda Heights Community Center Hace ntla Heig'cs, _A This state-of-the-art community center provides local residents with a place to enjoy an array of activities with its large multipurpose room and adjoining stage, scene shop, green room, and dressing room_ A movable wall opens to an outdoor amphitheatre for the Puente Hills Concerts in the Park Outside, residents can enjoy a walking/jogging path and a lawn that doubles as a soccer field. Capelin Distribution Center ws Aigeles. CA, KPRS Construction was selected by Prologis, L.P. to build its 274,000 sf Capelin Distribution Center on an in -fill site in the South Bay market of Los Angeles. This concrete tilt -up structure features 38 foot clear heights at the first warehouse column, 51 dock high doors, concrete truck yard, ESFR fire suppression system and 1,100 sf of spec office TI area. EI Monte Buswayand Transit Center �'. - tip-nte, CA The new $50 million EI Monte Station, includes a two-level bus terminal and is more than ✓'�'A double the size from the previous station. The concourse features transit retail stores, y surface parking and service center. The facility was built to LEED Gold Standards using a energy efficient and sustainable building methods. As part of the Metro's public art program, a clock sculpture is suspended from a stainless steel arch by artist Donald Lipski. Broadcom - 5ar, Diego San DeSor Ch '_-.- The tenant improvement to Building D at the Broadcom Corporation campus in San Diego `t " ' included a complete build -out of the second and third floor. Work completed on these floors consisted of extensive data labs, research offices, conference rooms, break areas -- and lobby entrance. Capelin Distribution Center ws Aigeles. CA, KPRS Construction was selected by Prologis, L.P. to build its 274,000 sf Capelin Distribution Center on an in -fill site in the South Bay market of Los Angeles. This concrete tilt -up structure features 38 foot clear heights at the first warehouse column, 51 dock high doors, concrete truck yard, ESFR fire suppression system and 1,100 sf of spec office TI area. Personnel Experience j Public Works Project Experience Hurtistst;;.^. 13,ac it Scadlif iementary sdivuI The new Huntington Beach Elementary school includes 16 classrooms, library and administration building, multipurpose building with stage and full kitchen. Bo'r-a Cn ca Slat_ .Seach The three mile long Bolsa State Beach project consisted of a new Lifeguard headquarters, full maintenance building, concession stands, RV park, entry kiosks and restrooms. r : of t tnn 3each = ifecuard ani irmlor it' ward FadPty This project included the demolition and construction of the new state of the art lifeguard Q andjumor lifeguard facility including RV overnight hookups. restrooms and showers_ M_. < '> ,a de< rD-i o'r;rEcl icstian Carte; The Garden Grove Higher Education Center is a 55,000 square foot facility built for Coastline Community College. The four story structure was designed by The Blue, ck partnership of Newport Beach- It includes technical classrooms, gift store and a large theater -style lecture hall. Hu "tin , a:�t, Fi, S n m;t5 The newest Huntington Beach fire station includes 3 large truck bays, workout room, hose drying tower, radio room, men's and women's shower and locker rooms, entertainment room with a large Professional kitchen, sleeping quarters and laundry room. Projects on this page were completed prior to employment at KPRS Construction Services. KPRS City of Newport Beach Contract No. 3897-C NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Joel Stensby being first duly sworn, deposes and says that he or she is President of KPRS Construction Services, Inc. , the parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Statb4f California that the foregoing is true and correct. KPRS Construction Services, Inc. Bidder Subscribed and sworn to (or affirmed) before me Joel Stensby, President -iced Signature/Title this ��day of— 2014 l by C��' J—VfSf"t` a proved to me on the basis of satisfactory evidence to be the perso who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. + Notary Public BRIE COSTELLO [SEAL��;"`''`*_; Commission # 1926684 Notary Public - California z My Commission Expires: Z ` ' Orange County n My Comm. Expires Feb 3, 2815' 10 City of Newport Beach ..� r r �•, Contract No. 3897-C DESIGNATION OF SURETIES Bidder's name KPRS Construction Services, Inc. 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): Bid Bond: Liberty Mutual Insurance Company 790 The City Drive South, Suite 200 Orange, CA 92868 Contact: Rhonda Abel, 714-634-5723 1s City of Newport Beach Contract No. 3897-C CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name KPRS Construction Services, Inc. Record Last Five (5) Full Years Current Year of Record The Information required Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 12 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts no ye availAble 97 177 136 152 153 715 Total dollar Amount of not yet not yet $113,485,140 $122,879,300 $506,130,381 Contracts (in $160,328,586 $109,437,36 Thousands of $) available available No. of fatalities HUL ° 0 0 0 0 0 available No. of lost not yet Workday Cases 0 0 0 0 0 0 available No. of lost not yet workday cases available 1 0 0 0 0 1 involving permanent transfer to another job or termination of employment The Information required Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 12 Legal Business Name of Bidder KPRS Construction Services, Inc. Business Address: 2850 Saturn Street, Brea CA 92821 Business Tel. No.: State Contractor's License No. and 714-672-0800 Classification: 751130, class B A Title General Building Contractor; General Engineering Contractor 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 J -- bidder - _ Joel Date 414%14 Title President 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 partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 13 State of CALIFORNIA County of Orange On Apri14, 2oi4 before me, Brie Costello, Notary Public personally appeared Joel Stens bv who proved to me on the basis of satisfactory evidence to be the person( whose name( is/q,% subscribed to the within instrument and acknowledged to me that he/sye' /t13Zy executed the same in his/h/r/the/r authorized capacity, and that by his/her/th/r signatureW on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRIE COS TELLO WITNESS my hand and official seal. �? Commission 0 1'9'20684 Notary Public - California A n z `r', - Orange County ~ My Comm. Expires Feb 3, 2015' OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an authorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ® CORPORATF. OFFICER PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) KPRS Construction Services Inc. DESCRIPTION OF ATTACHED DOCUMENT Contractor's Industrial Safety Record TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES Marina Park Projects -Building & Site Development City of Newport Beach Contract No. 3897-C ACKNOWLEDGEMENT OF ADDENDA Bidder's name KPRS Construction Services, Inc. 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 1 3/26/14 2 3/27/14 -� 3 4/3/14 4 4/9/14 ®' City of Newport Beach V�Mll 11..!�1 � / • Contract No. 3897-C 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: KPRS Construction Services, Inc. Business Address: 2850 Saturn street, Brea CA 92821 Telephone and Fax Number: 714-672-0800; 714-672-0871 Email: chuckl@kprsinc.com California State Contractor's License No. and Class: 751130, Cass B A (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/26/98 Expiration Date: 6/30114 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: Kevin Ivev The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Joel Stensby President 2850 Saturn Street, Brea CA 92821 714-672-0800 Paul Kristedia Vice President 2850 Saturn Street, Brea CA 92821 714-672-0800 Lev Rabinovich Vice President 2850 Saturn Street, Brea CA 92821 714-672-0800 Corporation organized under the laws of the State of Nevada 15 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: KPRS Construction has no bankruptcy judgements. All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: KPRS Construction Services, Inc. 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; KPRS does not have any arbitrations, lawsuits or settlements with any public agencies in the past five years. Briefly summarize the parties' claims and defenses; None. Have you ever had a contract terminated by the owner/agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. No. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?YesNo 16 Are any claims or actions unresolved or outstanding? Yes Is 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. KPRS Construction Services, Inc. Joel Stensby (Print name qf Owner or President of Corporatidn/Companv) Authorized President Title 4/4/14 Date On j t �_ before me� � `..C��>✓ \ Q) Notary Public, personally appeared �\ cy�EC)Sb who proved to me on the basis of satisfactory evidence to be t person( whose name( is/aP6 subscribed to the within instrument and acknowledged to me that he/stye/thoy executed the same in his/Mr/tp'eir authorized capacity(igg), and that by his/hdr/tVeir signature(A on the instrument the person(s), or the entity upon behalf of which the person(g) 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. x `� ' (SEAL) Notary Public in and for said State (I My Commission Expires:T-ci3 17 ;tom BRiE COSTEILO ~ Commission # 1926684 aNotary Public - California n Z:, Z + ® Orange County Niy Comm. Expires Feb 3, 201 City of Newport Beach Contract No. 3897-C Tree Relocation Contractor Experience and Certification Name & Phone Number of Tree Relocation Contractor # of years in Business Valley Crest Tree Company (818) 951-5500 52 If less than five (5), list other experience of Tree Relocation Staff person and # of years at each position Name of Tree Relocation Staff person Staff person's role for Marina Park Tree Relocation Supervisor Name and Phone number of Firm worked for # of years at that firm List at least two (2) projects involving relocation of Palms Trees in excess of 50 feet in height, with a success rate in excess of 80 percent Name of Project Location # of Patms Success Rate 1) Rio Hondo College Whittier 18 100% 2) Rand Corporation Santa Monica 28 100% M References for 3 previous projects involving the relocation of large palms and/or trees Project Name Location Valid Contact Phone Number 1) The Palms Corona Brett Hughes (951) 817-3500 Description of Work: Relocate various palm trees Involvement of Current Staff Yes 2) Expo Light Rail Santa Monica Aley Nazarchuk (310) 458-8736 Description of Work: Relocate Palms Involvement of Current Staff Yes 3) Newport Circle Newport Beach Greg Barker (714) 546-7975 Description of Work: Relocate Palms Involvement of Current Staff Yes I, the undersigned, certify and declare that I have read all the above questionnaire and know its content. The matters stated above are true to the best of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under perjury under the laws of the State of California, that the foregoing is correct. Furthermore, I certify that I have been to the site and reviewed the Arborists Report and the condition of the trees and that we accept the trees as presented. Valley Crest Tree Company Bidder Jeffrey M. Mutch Authorized Signature/Title 19 April 10, 2014 Date City of Newport Beac MARINA PARK PROJECT — BUILDING AND SITE DEVELOPMENT Contract No. 3897-C Landscape Contractor Experience and Certification Name & Phone Number of Landscape Contractor # of years in Business ValleyCrest Landscape Development Inc. (714) 546-7975 65 Years # of years at Name of Lead person Vince Germann Contracting Firm 29 Years Lead person's role for Marina Park Senior Vice -President Will your firm self -perform at least eighty percent (80%) of the scope of work for irrigation, landscape installation and maintenance (excepting the relocation of the existing washingtonia palms) this project with its own in-house labor forces on your firm's payroll? Yes ISI No O ( no = Automatic Disqualification) Does your firm have its own in-house landscape maintenance company that performs landscape service contract work? Yes ® No O If no, has your company provided landscape maintenance for any extended period, either as a part of an installation or under separate contract? Yes ONo O List at least five projects similar in type, scope and size involving irrigation, landscape installation (including the installation of specimen trees) and maintenance. 1. Name & Location of Project District 8 Park - Irvine (EI Toro Marine Base) Landscape Contract Value $9,600,000.00 Total Construction Cost $9,600,000.00 Duration of Installation Phase 11 Weeks Duration of Maintenance 1 year or until Hoa turnover Valid Contact: Tom Banks - Five Point Communities Phone Number (949) 784-4220 Description of Work: Design/Build Landscape Irrigation Tree Relocation Building Trades Playground equipment, etc. Total Landscape Area 5.9 Acres Largest Tree installed 196^ Box Involvement of Current Staff Yes N 2. Name & Location of Project Temescal Canyon Park - Riverside County Landscape Contract Value $1,042,015.00 Total Construction Cost $1,225, 470.00 Duration of Installation Phase 4 mos Duration of Maintenance 90 Days Valid Contact: Brandon Richie - Solpac Phone Number (619) 296-6247 Description of Work: Landscape planting, irrigation Total Landscape Area 674,437 sf Largest Tree installed 72° Box Involvement of Current Staff Yes 3. Name & Location of Project Huntington Beach Central Sports Park Landscape Contract Value $17,000,000.00 Total Construction Cost $17,442,430.00 Duration of Installation Phase 18 mos Duration of Maintenance 90 Days Valid Contact: City of Huntington Beach Public Works Phone Number (714) 536-5431 Description of Work: Demo, Clearing, grading, paving, restrooms, natural & synthetic fields, planting, irrig., etc. Total Landscape Area 45 acres Involvement of Current Staff Yes Largest Tree installed 96" Box 4. Name & Location of Project Lions Field Redevelopment - Fullerton Landscape Contract Value $5,700,000.00 Total Construction Cost $5,925,000.00 Duration of Installation Phase 6 mos Duration of Maintenance 90 Days Valid Contact: Hugo Curiel - City of Fullerton Phone Number (714) 738-6575 Description of Work: Demo, retaining walls, building trades, artificial sports fields, landscape planting, irrigation. Total Landscape Area 15 Acres Largest Tree installed 48" Box Involvement of Current Staff Yes ME 5. Name & Location of Project Arlington Heights spo is Park Landscape Contract Value $13,700,000.00 Total Construction Cost $13,902,419.00 Duration of Installation Phase 11 mos Duration of Maintenance 90 days Valid Contact: City of Riverside Phone Number (951) 826-5000 Description of Work:Design Build Sports Park Buildings Hardscape Fields Lighting,Landscape Irrigation. Total Landscape Area 35 Acres Largest Tree installed 72" Box Involvement of Current Staff Yes I, the undersigned, certify and declare that I have read all the above questionnaire and know its content. The matters stated above are true to the best of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under perjury under the laws of the State of California, that the foregoing is correct. Jeffrey Valle Crest Landscape Development, Inc. Mutch o h A .,tea April 2, 2014 Bidder Authorized Signature/Title Date 22 Page: 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT . ♦ .. L . i • l •• t CONTRACT NO. 3897-C DATE: 31&)y BY: Public -Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. A.GENERAL 1. The bid opening date and time has changed to 2:00p.m. on Thursday, April 8, 2014. 2. Replace "Notice Inviting Bids" (cover sheet) in its entirety, with "Notice Inviting Bids (3125/14)" 1. Replace "Proposal" in its entirety, with "Proposal (3/25/2014)." C. PLANS 1. Replace Buildings 1&2 Sheet A2.2, with Buildings 1&2 Sheet A2.2 Addendum 1. 2, Replace Buildings 1&2 Sheet A3.14, with Buildings 1&2 Sheet A3.14 Addendum 1. 3. Replace Buildings 1&2 Sheet A4.2, with Buildings 1&2 Sheet A4.2 Addendum 1. f:\users{pbwisharedlcontracts\c3897(cep09-0070) -marina park\package 3 construction�addendum 1\addendum - no.1.doc Page: 3 of 3 28. Replace Civil Improvments Sheet 24 of 27, with Civil Improvements Sheet 24 of 27 Addendum 1. 29. Replace Civil Improvments Sheet 25 of 27, with Civil Improvements Sheet 25 of 27 Addendum 1. 30. Replace Civil Improvments Sheet 26 of 27, with Civil Improvements Sheet 26 of 27 Addendum 1. 31. Replace Civil Improvments Sheet 27 of 27, with Civil Improvements Sheet 27 of 27 Addendum 1. 32. Replace Civil Improvments Sheet UT 1 of 2, with Civil Improvements Sheet UT 1 of 2. 33. Replace Civil Improvments Sheet UT 2 of 2, with Civil Improvements Sheet UT 2 of 2. D. SPECIFICATIONS 1. Replace Section 08 3326 in its entirety, with Section 08 3326 Addendum 1 (3/26/14). E. REQUEST FOR INFORMATION 1. A compilation of all RFI's is provided to planholders as "Bidder's Questions and Answers." (3/26/14) Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. KPRS Construction Services, Inc. Bidder's Name (Please Print) 4/4/14 Date Joel Stensby, President Authorized Signature & Title f:\users\pbvr\sharedlcontracls',c3897(cap09-0070) - marina parMpackage 3 constructiomaddendum 1\addendum - no.l.doc Page: 1 of 2 T:. . , . .. DATE: BY: 7rze _ PubI orks Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. A. GENERAL 1. The bid opening date and time has changed to 2:00p.m. on Tuesday, April 8, 2014. 2. Replace "Contract", "Faithful Performance Bond", "Warranty Bond", "Labor and Materials Bond" sections in its entirety (Pages 24 through 48), and replace with "Marina Park Project — Building and Site Development Contract No. C-3897 (C) ), associated exhibits. Bidders shall note changes, in particular, insurance requirements under Exhibit A, Section 3. 2 10 e •- 6- • TL 1. A compilation of RFI's is provided to planholders as "Bidder's Questions and Answers." (3/27/14) r:\users\pbMshared\contracts\c3897(r p09-0070) - rnadna park%package 3 construction\addendum Zaddendum - no.2.doc Page: 2 of 2 Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. KPRS Construction Services, Inc. Bidder's Name (Please Print) 4/4/14 Date & Title Joel f:\userslpbw\shared\contracts\c3897(cap09-0070)- marina parktoackage 3 construction\addendum 2\addandum - no.2.doc .4 IMIJ•. ur DATE: �— 5 pfd<`r BY: Director Page: 1 of 3 The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. A. GENERAL 1. The bid opening date and time has changed to 2:00p.m. on Tuesday, April 15, 2014. I:?l�Z�77i�7slw 1. Replace "Proposal' in its entirety, with "Proposal (4/1/2014)." C. SPECIAL PROVISIONS 1. Replace "Section 9 — Measurement and Payment' in its entirety, with "Section 9 — Measurement and Payment (4/1/2014)." D. SPECIFICATIONS 1. Replace "32 9300 -- Trees, Shurbs, Vines and Groundcover" in its entirety, with "Section 32 9300 — Trees, Shurbs, Vines and Groundcover (April 3, 2014)." f.Vuse.rs\pbvr\sharedicontracts\c3897(cap09-0070) - marina park\package 3 construction\addendum 3\addendum - no.3.doc Page: 2 of 3 E. PLANS 1. Replace Buildings 1 & 2 Sheet E0.2 in its entirety, with Buildings 1 & 2 Sheet E0.2 (Addendum 3, 4/3/14)." 2. Replace Building 5 Sheet SEC0.1 in its entirety, with Building 5 Sheet SEC0.1 (Addendum 3, 4/3/14)." 3. Replace Building 5 Sheet SEC0.3 in its entirety, with Building 5 Sheet SEC0.3 (Addendum 3, 4/3/14)." 4. Replace Building 5 Sheet SEC2.1 in its entirety, with Building 5 Sheet SEC2.1 (Addendum 3, 4/3/14)" 5. Replace Sheet 1-0.11 in its entirety, with Sheet 1-0.11 (Addendum 3, 4/3/14)." 6. Replace Sheet L0.12 in its entirety, with Sheet 1-0.12 (Addendum 3, 4/3/14)." 7. Replace Sheet 1-1.01 in its entirety, with Sheet 1-1.01 (Addendum 3, 4/3/14)." 8. Replace Sheet 1-1.21 in its entirety, with Sheet L1.21 (Addendum 3, 4/3/14)." 9. Replace Sheet L.200A in its entirety, with Sheet L.200A (Addendum 3, 4/3/14)." 10. Replace Sheet L.201 in its entirety, with Sheet L.201 (Addendum 3, 4/3/14)" 11. Replace Sheet 1-3.11 in its entirety, with Sheet 1-3.11 (Addendum 3, 4/3/14)." 12. Replace Sheet 1-3.12 in its entirety, with Sheet L3.12 (Addendum 3, 4(3/14)." 13.Add Marina Park"Bid Package -Signage" dated 4/3114. E. REQUEST FOR INFORMATION 1. A compilation of RFI's is provided to planholders as "Bidder's Questions and Answers." (4/3/14) 2. Arborist report "Marian Park Palm Evaluation" dated May 28, 2013 has provided for reference per "Bidder's Questions and Answers." 3. Specifications - Bird -B -Gone Stainless Steel Bird Spikes has been provided for reference per "Bidder's Questions and Answers." E\users\pbvAshared\contracts\c3897(cap09-0070) - marina park\pad-kege 3 construction\addendum 3\addendum- no.3.doc Page: 3 of 3 Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 3 Is attached. I have carefully examined this Addendum and have included full payment in my Proposal. KPRS Construction Services, Inc. Bidder's Name (Please Print) 4/11/14 Date Joel Stensby, President Authorized i nature & Title Page: 1 of 2 CITY O. NEWPORT • . - • • ♦. CONTRACT NO. 3897-C DATE: ` BY: _ Public orks Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. A. SPECIFICATIONS 1. Section 14 2100, Part 1 Paragraphy 1.12 - The elevator manufacturer Repair Response Time will be 48 Hours. Elusers\pbMshared\contracts\c3897(cap09-0070) - marina park\package 3 construction\addendum 4\addendum - no.4.doc Page: 2 of 2 Buildings 1& 2 Sheet SE0.3 - The security system described on the plans will require a license for the software to partition the security information between the City Hall and Marina Park. The Contractor shall provide and install new site/partitioning license to integrate into an existing S2 Enterprise security system. License shall consist of S2 -DBP -License — Database Partitioning for S2 Netbox Extreme and S2 Enterprise Select/Ultra2/Exacta50/Exacta100, Coordinate with owner for existing account information. - 2. Sheet 1-1.02 - The Basketball Court will be constructed with the same thickness as the vehicular paving. Signage Package - Provide 8 additional no smoking signs (Sign Type J, page 21 of the sign package) at locations to be determined within the Marina Park Site. Provide 4 additional no smoking signs for Building 5 at locations to be determined. Bidders must sign this Addendum No. 4 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 4 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. KPRS Construction Services, Inc. Bidder's Name (Please Print) 4/11/14 Date -- it Joel Stensby, President jk�-ature & Title f:\users\pbvAshared\contracts\c3897(cap09-0070) - marina park\package 3 construction\addendum 4iaddendum - no.4.dac CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL (411714) MARINA PARK PROJECT — BUILDINGS AND PARK CONTRACT NO. 3897-C To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 To Whom it May Concern: 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. 3897-C in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Marina Park Project (Complete Contract Work, Except Building 5) 1 @ Dollars ®6 l `Y // and fi7�)C7i7C7 ted?4 �j �c�C9 Cents $ $ Per Lump Sum TOTAL BASE CONTRACT AMOUNT IN WRITTEN WORDS (BASIS OF AWARD IF ALTERNATE BID ITEM NO. Al IS NOT INCLUDED) 4-15 -'t - Date 714-364-6601 tax: 714-364-6736 Bidder's Telephone and Fax Numbers Bidders email: joeis@kprsinacom KPRS Construction - Joel Total Price (Figures) President Authorized Signature and Title If Alternate Bid Item No. Al is selected to be included in the contract, the selection of lowest responsible bidder shall be based on the Total Base Contract Amount (above) PLUS the amount entered for the alternate bid item (below). The City reserves the right to include or reject the alternate bid per Section 01 2300 —Alternate Bid Procedure of the contract documents. Al. Lump Sum B ilding 5 — Girl Scout Leadership Center @ Dollars / and ��OSSSCiDV.�b�SbbG Cents $ $ Lump Sum rc�� 4UZ_ ge, �_n 9 XV'e� t/o� I, the undersigned, certify and declare that I have read and understand the Contract Documents, including the above Proposal and lowest responsible bidder selection procedure. Furthermore, I understand that a cost breakdown that includes the following items will be submitted within 24 hours of the bid opening. 1. Mobilization - Lump Sum 2. Building 1 (Sailing Center) — Lump Sum 3. Building 2 (Community Center) — Lump Sum 4, Building 3 (Playground Lighthouse Feature) — Lump Sum 5. Building 4 (19'h Street Restroom) — Lump Sum 6. Site Work & Landscape — Lump Sum KPRS Construction Services, Inc C MI 4 President Au rized Signature/Title 4-m- H Date Activity Activity Orig i Early i Early ID Description Dur I Start Finish A01100.001 1 Bid Project 1 11APR14 111APR14 Bid Project ®Bid Protest Period +Notice of Award Request PP Bond Execution Notice to Proceed EMobilization - - - - - - - - - + Completion A01100.003 Bid Protest Period 10 14APR14 25APR14 A01100.005 Notice of Award 1 28APR14 28APR14 A01100.007 Request PP Bond 5 29APR14 05MAY14 A01100.009 Contract Execution 15 06MAY14 26MAY14Contract A01100.011 Notice to Proceed 0 27MAY14 A01100.021 Completion 0 11 FEB16 A01100.013 Procurement Mobilization Plumbing Overhead Shop Dwgs MWPlumbing Overhead Dwgs Rev/App Btructural Steel Contract Award tructural Steel Shop Dwgs Steel Shop Dwg Rev/App Steel Column Leadtime &Fabrication �^ reinforcing Steel Contract Award Reinforcing Steel Ftg Shop Dwgs lotConcrete Mix Design Submittal Rev/App ALI Reinforcing Steel Ftg Shop Dwgs Rev/App Reinforcing Steel Ftgs Leadtime & Fabrication ItConcrete Contract Award I Concrete Mix Design Submittals ®Concrete Mix Lieadtime Plumbing Contract Awards 111111111111111111111111TPlumbing UG Submittals 11111111111111111111PIumbing Material/Fixture Submittals I�Pliumbing UG Submittal Rev/App ®Plumbing UG Pipe Leadtime IF I Plumbing Material/Fixture Submittal Rev/App Plumbing Material/Fixture Leadtime Metal Deck Contract Award 111111111111111111111111IMetal Deck Submittals/Shop Dwgs =Metal Deck Submittal/Shop Dwg Rev/App Deck Fabrication _ - - - - - - - - - - - - - - - - - , HVAC Contract Award 1HVAC Ductwork & Piping Shop Drawings HVAC Equipment / Material Submittals VAC Equipment / Material Submittal Rev/App VAC Ductwork & Piping Dwg Rev/App 1 I Overhead Coordination HVAC Ductwork Fabrication- - - - - - - - - - - - - - - HVAC Equipment Leadtime - -',- - - - - - - - - - - - - HVAC Piping Fabrication- - - - - - - - - - - - - - I Fire Sprinkler Contract Award I - I Fire Spmkler Overhead Shop Drawings I111111111111�Fire Sprinkler Material Submittals Sprinkler Material Submittal Rev/App ®Fire Sprinkler Overhead Shop Rev/App 6220500020 Plumbing Overhead Shop Dwgs 40 05JUN14 30JUL14 B220500022 Plumbing Overhead Dwgs Rev/App 10 31JUL14 13AUG14 B051200001 Structural Steel Contract Award 4 27MAY14 30MAY14 B051200002 Structural Steel Shop Dwgs 60 02JUN14 22AUG14 B051200004 Structural Steel Shop Dwg Rev/App 15 25AUG14 12SEP14Structural B051200006 Steel Column Leadtime & Fabrication 60 15SEP14 05DEC14 B032000001 Reinforcing Steel Contract Award 3 28MAY14 30MAY14 B032000002 Reinforcing Steel Ftg Shop Dwgs 20 02JUN14 27JUN14 B033000004 Concrete Mix Design Submittal Rev/App 10 17JUN14 30JUN14 B032000004 Reinforcing Steel Ftg Shop Dwgs Rev/App 10 30JUN14 11JUL14 B032000006 Reinforcing Steel Ftgs Leadtime & Fabrication 20 14JUL14 08AUG14 B033000001 Concrete Contract Award 3 29MAY14 02JUN14 B033000002 Concrete Mix Design Submittals 10 03JUN14 16JUN14 B033000006 Concrete Mix Leadtime 5 01JUL14 07JUL14 B220500001 Plumbing Contract Award 4 30MAY14 04JUN14 B220500002 Plumbing UG Submittals 15 05JUN14 25JUN14 8220500010 Plumbing Material/Fixture Submittals 15 26JUN14 16JUL14 B220500004 Plumbing UG Submittal Rev/App 10 26JUN14 09JUL14 B220500006 Plumbing UG Pipe Leadtime 15 10JUL14 30JUL14 B220500012 Plumbing Material/Fixture Submittal Rev/App 15 17JUL14 06AUG14 B220500014 Plumbing Material/Fixture Leadtime 40 07AUG14 01 OCT14 B053100001 Metal Deck Contract Award 3 05JUN14 09JUN14 B053100002 Metal Deck Submittals/Shop Dwgs 15 25AUG14 12SEP14 B053100004 Metal Deck Submittal/Shop Dwg Rev/App 10 15SEP14 26SEP14 B053100006 Metal Deck Fabrication 15 29SEP14 170CT14®Metal B230500001 HVAC Contract Award 4 10JUN14 13JUN14 B230500012 HVAC Ductwork & Piping Shop Drawings 40 16JUN14 08AUG14 B230500002 HVAC Equipment/ Material Submittals 20 16JUN14 11JUL14 B230500004 HVAC Equipment/ Material Submittal Rev/App 20 14JUL14 08AUG14i B230500006 HVAC Ductwork & Piping Dwg Rev/App 20 11AUG14 05SEP14H 8230500010 MEP Overhead Coordination 40 08SEP14 31 OCT14/®MEP B230500014 HVAC Ductwork Fabrication 40 03NOV14 26DEC14 B230500016 HVAC Equipment Leadtime 40 03NOV14 26DEC14 B230500018 HVAC Piping Fabrication 40 03NOV14 26DEC14 6210500001 Fire Sprinkler nkler Contract Award 5 11JUN14 17JUN14 6210500002 Fire SpInkier Overhead Shop Drawings 30 18JUN14 29JUL14 8210500006 Fire Sprinkler Material Submittals 10 18JUN14 01JUL14 B210500008 Fire Sprinkler Material Submittal Rev/App 15 02JUL14 22JUL14®Fire 8210500004 Fire Sprinkler Overhead Shop Rev/App 15 30JUL14 19AUG14 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR14 23:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 1 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig{ Early Dur Start I Early Finish 2014 2015 2016 APR MAY JUN I JUL I AUG I SEP OCT T NOV DEC I JAN I FEB MAR APR MAY JUN JUL AUG SEP I OCT I NOV DEC JAN FEB MAR APR MAY 6024113001 Site Protection / SWPPP 10 03JUN14 16JUN14 Site Protection / SWPPP Remove Existing Light Fixtures & Parking Meters Landscape Removal & Relocation Demo Play Equipment II�Restroom Demolition I � nDemo Community Center 0 ]Demo Fencing Demo Girl Scouts House I I Paving/Curbs/Sidewalks/Planter Walls Demo UG Utilities =Demo Beach Wall & Footing G024113002 Remove Existing Light Fixtures & Parking Meters 10 17JUN14 30JUN14 G024113003 Landscape Removal & Relocation 10 17JUN14 30JUN14 6024113004 Demo Play Equipment 5 17JUN14 23JUN14 6024113005 Restroom Demolition5 17JUN14 23JUN14 G024113007 Demo Community Center 7 24JUN14 02JUL14 60241 1 301 1 Demo Fencing 5 01JUL14 07JUL14 6024113009 Demo Girl Scouts House 7 03JUL14 11JUL14 G0241 1 301 3 Demo Paving/Curbs/Sidewalks/Planter Walls 10 08JUL14 21JUL14Demo G0241 1 301 5 Demo UG Utilities 15 22JUL14 11AUG14 G0241 1 301 7 Demo Beach Wall & Footing 10 22JUL14 04AUG14 H321314281 Concrete Seat Walls, Etc. 20 14APR15 11 MAY15 .I IfStake Stake Rough �Finegrade RCertify Concrete Seat Walls, Etc. i i i " ""'Amenities Landscape Rough Grade & Boundaries Rough Grade & Process Site Beachwall JExcavate Beach Wall Ftg NN�1Form/Rebar Beach Wall Beach Wall kStrip Forms Beach Wall Sack & Patch Beach Wall Backfill Beach Wall j UG Utilities I i �UG Sanitary Sewer System Sanitary Sewer laterals �UG Storm Drain System i iStorm Drain Structures,CB's, ETC. �UG Fire Water, System I,UG Fire Water Fire Hydrants &Laterals Curbs & Flowlines I1111101111Cut for Curbs & Flowlines IIIIIIIIIIIIIIII"Concrete Curbs & Gutters I�Concrete Sidewalk & Ramps UG Electrical Vaults UG Electrical Distribution & VAults AC Paving X.Finegrade for AC Paving MAC Paving - BAse Course Bldg 1 & 2 Corners Grade & Overexcavate Bldg 1 & 2 Pad Bldg 1& 2 Pad Bldg 1 & 2 Pad i & Irrigation - Planters l ,Irrigation Sleeves - Bldg 1 y g g or Concrete Paving - Bldg 2 Form/Rebar/PourFinedConcrete Paving - Bldg 1 IIIIIIIIIIIIIIIIIIIIIIStone Paving - Bldg 1 of Site for Concrete Paving -Bldg 1 ®Irrigation Sleeves - Bldg 2 H321314261 Amenities 15 06JUL15 24JUL15 H321314271 Landscape & Irrigation - Planters 45 27JUL15 25SEP15 H3201 01 1 01 Stake Rough Grade &Boundaries 3 12AUG14 14AUG14 H311100109 Rough Grade & Process Site 15 01SEP14 19SEP14 H3201 01 1 1 1 Stake Beachwall 2 22SEP14 23SEP14Stake H32 1 3 1 4203 Excavate Beach Wall Ftg 2 24SEP14 25SEP14 H321314205 Form/Rebar Beach Wall 10 26SEP14 090CT14 H321314207 Pour Beach Wall 2 100CT14 130CT14Pour H321314209 Strip Forms Beach Wall 2 14CCT14 150CT14 H321 31 421 1 Sack & Patch Beach Wall 5 16OCT14 220CT14 H321314221 Backfill Beach Wall 3 230CT14 270CT14 H3201 01 1 1 7 Stake UG Utilities 5 280CT14 03NOV14II,Stake H322700101 UG Sanitary Sewer System 15 04NOV14 24NOV14 H322700111 Sanitary Sewer laterals 10 25NOV14 08DEC14 H322700121 UG Storm Drain System 20 09DEC14 05JAN15 H322700123 Storm Drain Structures, CB's, ETC. 10 06JAN15 19JAN15 H322700131 UG Fire Water System 20 20JAN15 16FEB15 H322700133 UG Fire Water Fire Hydrants & Laterals 10 17FEB15 02MAR15 H3201 01 1 1 9 Stake Curbs & Flowlines 5 03MAR15 09MAR155Stake H31 1 1 001 1 9 Cut for Curbs & Flowlines 10 10MAR15 23MAR15 H321314231 Concrete Curbs & Gutters 15 24MAR15 13APR15 H321314241 Concrete Sidewalk &Ramps 10 12MAY15 25MAY15 H3201 01 1 29 Stake UG Electrical Vaults 2 26MAY15 27MAY15Stake H322700143 UG Electrical Distribution & VAults 15 28MAY15 17JUN15 H3201 01 1 39 Stake AC Paving 2 18JUN15 19JUN15Stake H311100129 Finegrade for AC Paving 5 22JUN15 26JUN15 H321314251 AC Paving - BAse Course 5 29JUN15 03JUL15 H328000101 Irrigation Sleeves - Bldg 1 5 24NOV15 30NOV15 Finegrading g g 2 H3213114101 Form/Rebar/Pour Concrete Paving - Bldg 1 15 01 DEEC15 21 DEC15 H321440101 Stone Paving - Bldg 1 15 22DEC15 11JAN16 H3201 01 1 03 Stake Bldg 1 & 2 Corners 1 15AUG14 15AUG14 H31 1 1 001 01 Rough Grade & Overexcavate Bldg 1 & 2 Pad 5 18AUG14 22AUG14 H31 1 1 001 03 Finegrade Bldg 1& 2 Pad 3 25AUG14 27AUG14 H3201 01 1 33 Certify Bldg 1 & 2 Pad 3 28AUG14 01SEP14 H311102101 Finegrading of Site for Concrete Paving -Bldg 1 10 10NOV15 23NOV15Finergrading H328000201 Irrigation Sleeves Bldg 2 5 08DEC15 14DEC15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR1423:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 2 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description I Orig I Early Dur I Start Early2014 Finish 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV bEC JAN FEB MAR APR MAY H321314201 Form/Rebar/Pour Concrete Paving - Bldg 2 15 22DEC15 11JAN16 S ake Bldg 3 Corners RRough Grade & Overexcavate Bldg 3 Pad Finegrade Bldg 3 Pad Certify Bldg 3 Pad Stake Bldg 4 Corners 111113i ugh Grade & Overexcavate Bldg 4 Pad �Finegrade Bldg 4 Pad (Certify Bldg 4 Pad Bldg 5 Corners Grade & Overexcavate Bldg 5 Pad �Finegrade Bldg Pad Bldg 5 1 Certify Bldg 5 pad 11111111111111111111111�Form/Rebar/Pour ®Stone Concrete Paving - Bldg 2 Paving - Bldg 2 H321440201 Stone Paving - Bldg 2 15 12JAN16 01 FEB16 H3201 01 1 1 3 Stake Bldg 3 Corners 1 20AUG14 20AUG14 H311100113 Rough Grade & Overexcavate Bldg 3 Pad 3 27AUG14 29AUG14 H311100123 Finegrade Bldg 3 Pad 1 01SEP14 01SEP14 H3201 01 1 43 Certify Bldg 3 Pad 1 02SEP14 02SEP14 H320101123 Stake Bldg 4 Corners 1 19AUG14 19AUG14 H311100114 Rough Grade & Overexcavate Bldg 4 Pad 3 22AUG14 26AUG14 H311100124 Finegrade Bldg 4 Pad 1 27AUG14 27AUG14 H3201 01 1 53 Certify Bldg 4 Pad 1 28AUG14 28AUG14 H320101105 Stake Bldg 5 Corners 1 18AUG14 18AUG14Stake H311100115 Rough Grade & Overexcavate Bldg 5 Pad 3 19AUG14 21AUG14I�Rou9h H31 1 1 001 05 Finegrade Bldg Pad Bldg 5 2 22AUG14 25AUG14 H3201 01 1 1 5 1033000101 Certify Bldg 5 pad Accept pad - Bldg 1 & 2 1 26AUG14 0 02SEP14 26AUG14 Accept pad - Bldg 1 & 2 Layout Ftgs Bldg 1 - - - Excavate Lower Pad & Interior Figs - Bldg 1 ,Reinforcing Steel Lower Pad & Intr Ftgs - Bldg 1 I9et Col AB/Templates Lwr Pad/Intr Ftgs - Bldg 1 Inspections Lower Pad & Intr Ftgs - Bldg 1 9Pour Lower Pad & Int'r Ftgs - Bldg 1 Cure Period Lower Pad Ftgs - Bldg 1 Layout UG Plumbing - Bldg 1 ,Excavate UG Plumbing Lines - Bldg 1 Install Send Bed & Pipe UG Plumbing - Bldg 1 ; ■+Inspection UG Plumbing - Bldg 1 Backfill UG ,Plumbing - Bldg 1- - -i Layout UG Electrical - Bldg 1 Excavate Trench al - Bldg 1 for UG Electric 5 Install U G Electrical Conduit - Bldg 1 Inspect UG Electrical - Bldg 1 IlBackfill UG Electrical - Bldg 11i (Layout UG Fire Water Riser -Bldg 1 Excavate Fire Water Riser Stub - Bldg 1 I�Install UG Fire Water Riser Stub - Bldg 1 Inspect UG Fire Water Riser Stub - Bldg 1 ; Backfill UG Fire Water Riser Stub - Bldg 1 Ftgs Bldg 2 Excavate Lower Pad & Interior Ftgs - Bldg 2 Reinforcing Steel - Bldg 2 tgs � Set Col AB/Tem la Lower Pad &Intr Ftgs ; i� p rtes Lwr Pad/Intr Ftgs -Bldg 2 i linspections Lower Pad & Intr Ftgs - Bldg 2 Lower Pad & Int'r Ftgs - Bldg 2 : #Cure Period Lower Pad Ftgs - Bldg 2 =Erect Collumns & Moment Frames - Bldg 1 I i Plumb &Weld Columns &Moment Frames - Bldg 1 Erect Girders & Beams - 2nd Fir - Bldg 1 MErect Girders & Beams - Roof - Bldg 1 Plumb & Weld Girders & Beams - 2nd Fir - Bldg 1 Erect Curved High Roof Steel - Bldg 1 ErectlLighth' nim Tower -Bldg 1 f I 1033000103 Layout Ftgs Bldg 1 3 02SEP14 04SEP14 1033000105 Excavate Lower Pad & Interior Ftgs - Bldg 1 5 05SEP14 11 SEP14 1032000105 Reinforcing Steel Lower Pad & Intr Ftgs - Bldg 1 5 12SEP14 18SEP14 1033000106 Set Col AB/Templates Lwr Pad/Intr Ftgs -Bldg 1 3 19SEP14 23SEP14 1032000106 Inspections Lower Pad & Intr Ftgs - Bldg 1 1 24SEP14 24SEP14 1033000107 Pour Lower Pad & Int'r Ftgs - Bldg 1 2 25SEP14 26SEP14 1033000108 Cure Period Lower Pad Ftgs - Bldg 1 3 29SEP14 01 OCT14 1220500101 Layout UG Plumbing - Bldg 1 2 020CT14 030CT14 1220500103 Excavate UG Plumbing Lines - Bldg 1 7 06OCT14 14CCT14 1220500105 Install Send Bed & Pipe UG Plumbing - Bldg 1 7 150CT14 230CT14 1220500107 Inspection UG Plumbing - Bldg 1 2 240CT14 270CT14 1220500109 Backfill UG Plumbing - Bldg 1 3 280CT14 30OCT14 1260500101 Layout UG Electrical - Bldg 1 2 31 OCT14 03NOV14 1260500103 Excavate Trench for UG Electrical - Bldg1 3 04NOV14 06NOV14 1260500105 Install UG Electrical Conduit -Bldg 1 3 07NOV14 11 NOV14 1260500107 Inspect UG Electrical - Bldg 1 1 12NOV14 12NOV14 1260500109 Backfill UG Electrical - Bldg 1 2 13NOV14 14NOV14 1210500101 Layout UG Fire Water Riser - Bldg 1 2 17NOV14 18NOV14 1210500103 Excavate Fire Water Riser Stub - Bldg 1 2 19NOV14 20NOV14 1210500105 Install UG Fire Water Riser Stub - Bldg 1 3 21 NOV14 25NOV14 1210500107 Inspect UG Fire Water Riser Stub - Bldg 1 1 26NOV14 26NOV14 1210500109 Backfill UG Fire Water Riser Stub - Bldg 1 2 27NOV14 28NOV14 1033000203 Layout Ftgs Bldg 2 2 28NOV14 01 DEC14Layout 1033000205 Excavate ower Pad &Interior Ftgs -g Id 2 5 02DEC14 08DEC14 9 1032000205 ReinforcingSteel Lower Pad & Intr Ftgs - Bldg2 5 09DEC14 15DEC14 1033000206 Set Col AB/Templates Lwr Pad/Intr Ftgs - Bldg 2 3 16DEC14 18DEC14 p g g 1032000206 Inspections Lower Pad & Intr Ftgs - Bldg 2 1 19DEC14 19DEC14 1033000207 Pour Lower Pad & Int'r Ftgs - Bldg 2 2 22DEC14 23DEC14Pour 1033000208 Cure Period Lower Pad Ftgs - Bldg 2 3 24DEC14 26DEC14 1051200101 Erect Columns & Moment Frames - Bldg1 10 08DEC14 19DEC14 1051200107 Plumb &Weld Columns &Moment Frames Bldg15 22DEC14 09JAN15 1051200103 Erect Girders & Beams - 2nd Flr - Bldg 1 10 22DEC14 02JAN15 1051200105 Erect Girders & Beams - Roof - Bldg 1 10 05JAN15 16JAN15 1051200109 Plumb & Weld Girders & Beams - 2nd Flr - Bldg 1 15 12JAN15 30JAN15 1051 2001 1 3 Erect Curved High Roof Steel - Bldg 1 5 19JAN15 23JAN15 1051200115 Erect Lighthouse Tower - Bldg 1 5 26JAN15 30JAN15 Start Date Finish Date Data Date Run Date 04APR14 11 FEB16 11APR14 14APR14 23:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 3 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig I Early Dur I Start Early 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY Finish 1051200111 Plumb & Weld Girders & Beams - Roof - Bldg 1 10 02FEB15 13FEB15 ®Plumb & Weld Girders & Beams - Roof - Bldg 1 Plumb & Weld Curved High Roof Steel - Bldg 1 Plumb & Weld Lighthouse Tower - Bldg 1 �Erect/Plumb/Weld Stair No. 1 - Bldg 1 Tower Ladders - Bldg 1 �Erect/Plumb/Weld Stair No.3 - Bldg 1 I ®Lighthouse Tower - S/S Floor Grating - Bldg 1 Metal Decking 2nd Fir - Bldg 1 Install Stair No.i Guardrail -Bldg 1 rInstall Stair No. 3 Guardrail - Bldg 1 I II�Erect/Plumb/Weld Stair No. 2 - Bldg 1 :Metal Decking Roof -Bldg 1 forcin �I Rein g Steel Slab on Metal Deck - Bldg 1 ®Install Stair No. 2 Guardrail - Bldg 1 Metal Decking High Roof - Bldg 1 ilnstall Mezzanine Guardrail - Bldg 1 ! Inspection 2nd Fir Rebar - Bldg 1 Form/Pour Slab O/Metal Deck 2nd Fir- Bldg 1 Minstall Guardrail Posts - Lighthouse Tower iInstall Guardrails S/S Cables f1111111111111111RApply Elastomeric Deck Coating Install Guardrail Hardwood Toprail j Lighthouse Tower - S/S Floor Grating Bridge S/S Guardrail CurbCoping '' /I�Instal l Stair No. 1 Handrail - Bldg 1 I Install Stair No. 3 Handrail - Bldg 1 ®Install Stair No. 2 Handrail - Bldg 1 i a out UG Plumbing Bldg2L Excavate UG Plumbing Lines -,Bldg,2 Install SendBed&iPipe UG Pluimbin Bldg 2 �InspectionlLIG Plumbing - Bldg 2 KBagkfill UG Plumbing - Bldg 2 Erect Columns &Moment Frames Bldg 2I • I, Plumb & Weld Columnst& Moment Frames - Bldg 2 0�Erect Girders & Beams - 2nd Fir - Bldg 2' I ®Erect Girders & Beams - Roof - Bldg 2 n k I I I I I d Plumb & Weld Girders & Beams - 2nd Fir -,Bldg 2 1 I I I I I I it i ErectBeams- High Roof - Bldg 2 } I Plumb & Weld Girders & Beams, - Roof - Bldg 2 Plumb & Weld Beams - High Roof - Bldg 2 I�Erect,IPllumb, Weld Stair No. 4' Erect, Plumb, Weld Stair No. 5 Metal u_ ng 2nd Fir- Bldg 2 i Reinfforcmg Steel Slab on Metal Deck- Bldg 2 Metal Decking Roof - Bldg 2 Inspection 2nd Flr Rebar -Bldg 2 Form/Pour Metal Deckinglaetal Deck 2nd Flr- Bldg 2 I SlabH igh O/Roof -Bldg 2 ®Masonry Wall 1st Lift - Bldg 1 II I I I III ;I i lRebar - Masoncy Walll-1st Lift MasonryRebar-1st Lift 4Grout Masonry Wall 1st Lift - Bldg 1 Scaffold Masonr - Bldg 1 1051200123 Plumb & Weld Curved High Roof Steel - Bldg 1 6 16FEB15 23FEB15 1051200125 Plumb & Weld Lighthouse Tower - Bldg 1 5 24FEB15 02MAR15 1051200131 Erect/Plumb/Weld Stair No. 1 - Bldg 1 10 24FEB15 09MAR15 1051200127 Lighthouse Tower Ladders - Bldg 1 15 03MAR15 23MAR15Lighthouse 1051200135 Erect/Plumb/Weld Stair No.3 - Bldg 1 10 10MAR15 23MAR15 1051200129 Lighthouse Tower - S/S Floor Grating - Bldg 1 5 24MAR15 30MAR15 1053100101 Metal Decking 2nd Flr - Bldg 1 5 03APR15 09APR15 1051200137 Install Stair No.1 Guardrail - Bldg 1 5 10APR15 16APR15 1051200139 Install Stair No. 3 Guardrail - Bldg 1 5 17APR15 23APR15 1051200133 Erect/Plumb/Weld Stair No. 2 - Bldg 1 13 17APR15 05MAY15 1053100103 Metal Decking Roof - Bldg 1 4 21 APR15 24APR15 1032000121 Reinforcing Steel Slab on Metal Deck Bldg 1 5 21 APR15 27APR15 1051200141 Install Stair No. 2 Guardrail - Bldg 1 5 24APR15 30APR15 1053100105 Metal Decking High Roof - Bldg 1 5 27APR15 01 MAY15 1051200149 Install Mezzanine Guardrail -Bldg 1 5 01 MAY15 07MAY15 1032000123 Inspection 2nd Flr Rebar - Bldg 1 1 04MAY15 04MAY15 1033000121 Form/Pour Slab O/Metal Deck 2nd Flr- Bldg 1 4 08MAY15 13MAY15 1055221103 Install Guardrail Posts - Lighthouse Tower 10 14MAY15 27MAY15 1055221105 Install Guardrails S/S Cables 10 06AUG15 19AUG15 1071410101 Apply Elastomeric Deck Coating 10 13AUG15 26AUG15 1055221107 Install Guardrail Hardwood Toprail 5 20AUG15 26AUG15 1051200151 Lighthouse Tower - S/S Floor Grating Bridge 5 27AUG15 02SEP15 1076200103 S/S Guardrail Curb Coping 10 27AUG15 09SEP15 1051200143 Install Stair No. 1 Handrail - Bldg 1 5 160CT15 220CT15 1051200145 Install Stair No. 3 Handrail - Bldg 1 5 230CT15 29OCT15 1051200147 Install Stair No. 2 Handrail - Bldg 1 5 30OCT15 05NOV15 1220500201 Layout UG Plumbing - Bldg 2 1 2 DEC14 29DEC14 1220500203 Excavate UG Plumbing Lines - Bldg 2 4 30DEC14 02JAN15 1220500205 Install Send Bed &Pipe UG Plumbing Bldg 2 4 05JAN15 08JAN15 1220500207 Inspection UG Plumbing - Bldg 2 2 09JAN15 12JAN15 1220500209 Backfill UG Plumbing - Bldg 2 4 13JAN15 16JAN15 1051200201 Erect Columns &Moment Frames -Bldg 2 6 19JAN15 26JAN15 1051200207 Plumb & Weld Columns & Moment Frames - Bldg 10 27JAN15 09FEB15 1051200203 Erect Girders & Beams - 2nd Flr - Bldg 2 6 27JAN15 03FEB15 1051200205 Erect Girders & Beams - Roof - Bldg 2 6 04FEB15 11 FEB15 1051200209 Plumb & Weld Girders & Beams - 2nd Fir - Bldg 2 10 10FEB15 23FEB15 1051200213 Erect Beams - High Roof - Bldg 2 5 12FEB15 18FEB15 1051200211 Plumb & Weld Girders & Beams - Roof - Bldg 2 10 24FEB15 09MAR15 1051200221 Plumb & Weld Beams - High Roof - Bldg 2 5 10MAR15 16MAR15 1051200231 Erect, Plumb, Weld Stair No. 4 15 17MAR15 06APR15 1051200233 Erect, Plumb, Weld Stair No. 5 10 07APR15 20APR15 Decking11 1053100201 Metal Bldg 1032000221 Reinforcing St el Slab onMetal Deck - Bldg 2 5 211APR15 27APR15 1053100203 Metal Decking Roof - Bldg 2 6 27APR15 04MAY15 1032000223 Inspection 2nd Fir Rebar - Bldg 2 1 28APR15 28APR15 1033000221 Form/Pour Slab O/Metal Deck 2nd Flr- Bldg 2 4 29APR15 04MAY15 1053100205 Metal DeckingHigh Roof - Bid 2 3 05MAY15 07MAY15 g g 1042000011 Masonry Wall 1st Lift - Bldg 1 5 24FEB15 02MAR15 I 1032000011 Rebar - Masoncy Wall - 1 st Lift 2 03MAR15 04MAR15 1032000013 Inspection Masonry Rebar - 1st Lift 1 05MAR15 05MAR15Inspectioin 1042000013 Grout Masonry Wall list Lift - Bldg 1 1 06MAR15 06MAR15 1042000020 Scaffold Masonry - Bldg 1 1 09MAR15 09MAR15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR1423:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 4 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig Dur Early Start Early Finish 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY 1042000021 Masonry Wall 2nd Lift - Bldg 1 5 10MAR15 16MAR15 I Masonry Wall 2nd Lift -Bldg 1 11 1 11 1 Rebar Masoncy Wall 2nd Lift - Bldg 1 Embeds - Masonry Wall 2nd Lift - Bldg 1 dlnspection Masonry Rebar - 2nd Lift lG rout Masonry Wall 2nd Lift - Bldg 1 ■Masonry Wall 3rd Lift - Bldg 1 (Rebar - Masoncy Wall - 3rd Lift Inspection Masonry Rebar - 3rd Lift Grout Masonry Wall 3rd Lift - Bldg 1 Masonr�r Wall 4th Lift - Bldg 1 Rebar - Masoncy Wall - 4th Lift Set Embeds - Masonry Wall 2nd Lift - Bldg 1 Masonry Rebar - 4th Lift JGrouti Masonry Wall 4th Lift - Bldg 1 (Remove Scaffold 1Excavate Upper & Perimeter Ftgs - Bldg 1 IIi i i, III RReinf'g Steel Upper,/ Perimeter Ftgs; Bldg 1 VietColumn AB/Templates - Bldg 1 +Inspection Upper & Perimeter Ftgs - Bldg 1 @Pour Upper & Perimeter Figs - Bldg 1 �Finegrade SOG Area for Slab - Bldg 1 Form for SOG - Bido 1 I 1 i o 513einforcinrq Steel Slab on Grade - Bldg 1 I}Pour Slab On Grade - Bldg 1', IF Form / Foam Fill 1st Floor Topping - Floor Topping Slab PeC 1st VIns t Rebar -Topping slab 1st (Pour Topping Slab 1st Fir - Bld Upper i& Perimeter Ftgs - Bldg 2 einf' r /Perimeter Ftgs - Bldg 2 ` Steel Upper S u - Bldg 2 i et Column ABRemplates g $Inspection Up r &Perimeter Ftgs - Bldg 2 v p1 Upper & Perimeter Ftgs - Bldg 2 �Finergrade SOG Area for Slab - Bldg 2 51Form for SOG - Bldg 2 RReinforcing Steel Slab on Grade - Bldg 2 Slab Rebar Inspection - Bldg 2 &Pour Slab On Grade -Bldg 2 Fir -Bldg 1 1 1032000021 Rebar - Masoncy Wall 2nd Lift - Bldg 1 2 17MAR15 18MAR15 1033000022 Set Embeds - Masonry Wall 2nd Lift - Bldg 1 2 17MAR15 18MAR15l�Set 1032000023 Inspection Masonry Rebar - 2nd Lift 1 19MAR15 19MAR15 1042000023 Grout Masonry Wall 2nd Lift Bldg 1 1 20MAR15 20MAR15 1042000031 Masonry Wall 3rd Lift - Bldg 1 5 23MAR15 27MAR15 1032000031 Rebar - Masoncy Wall - 3rd Lift 2 30MAR15 31 MAR15 1032000033 Inspection Masonry Rebar - 3rd Lift 1 01APR15 01 APR15 1042000033 Grout Masonry Wall 3rd Lift - Bldg 1 1 02APR15 02APR15 1042000041 Masonry Wall 4th Lift - Bldg 1 5 03APR15 09APR15 1032000041 Rebar - Masoncy Wall - 4th Lift 2 10APR15 13APR15 1033000042 Set Embeds - Masonry Wall 2nd Lift - Bldg 1 2 10APR15 13APR15 1032000043 Inspection Masonry Rebar - 4th Lift 1 14APR15 14APR15Inspection 1042000043 Grout Masonry Wall 4th Lift - Bldg 1 1 15APR15 15APR15 1042000050 Remove Scaffold 1 16APR15 16APR15 1033000111 Excavate Upper & Perimeter Ftgs - Bldg 1 2 16FEB15 17FEB15 1032000111 Reinf'g Steel Upper/ Perimeter Ftgs - Bldg 1 4 18FEB15 23FEB15 1033000112 Set Column AB/Templates - Bldg 1 2 24FEB15 25FEB15 1032000112 Inspection Upper & Perimeter Ftgs - Bldg 1 1 26FEB15 26FEB15 1033000113 Pour Upper & Perimeter Ftgs - Bldg 1 1 27FEB15 27FEB15 1033000115 Finegrade SOG Area for Slab - Bldg 1 2 03MAR15 04MAR15 1033000117 Form for SOG - Bldg 1 5 05MAR15 11 MAR15 1032000115 Reinforcing Steel Slab on Grade Bldg 1 4 12MAR15 17MAR15 1033000119 Pour Slab On Grade - Bldg 1 1 18MAR15 18MAR15 1033000123 Form / Foam Fill 1st Floor Topping 5 14MAY15 20MAY15 1032000125 Rebar - 1 st Floor ToppingSlab 3 21 MAY15 25MAY15Rebar 1032000135 Inspect Rebar - Toppinglab 1st Flr - Bldg 1 1 26MAY15 26MAY15 p g 1033000133 Pour Topping Slab 1st Flr - Bldg 1 1 27MAY15 27MAY15 1033000211 Excavate Upper & Perimeter Ftgs - Bldg 2 2 10MAR15 11 MAR15Excavate 1032000211 Reinf'g Steel Upper /p Perimeter Ftgs -Bldg 4 12MAR15 17MAR15 1033000212 Set Column ABlTem lates - Bldg2 2 18MAR15 19MAR15 1032000212 Inspection Upper & Perimeter Ftgs - Bldg 2 1 20MAR15 20MAR15 1033000213 Pour Upper & Perimeter Ftgs - Bldg 2 1 23MAR15 23MAR15Pour 1033000215 Finegrade SOG Area for Slab - Bldg 2 2 24MAR15 25MAR15 1033000217 Form for SOG - Bldg 2 4 26MAR15 31 MAR15 1032000215 Reinforcing Steel Slab on Grade - Bldg 2 3 01 APR15 03APR15 1032000217 Slab Rebar Inspection - Bldg 2 1 06APR15 06APR15 1033000219 Pour Slab On Grade - Bldg 2 1 07APR15 07APR15 IF Install I i kl Countertop j Posts - Lighthouse Tower - - Scaffold Lighthouse Tower Metal Stud Framing - Lighthouse Tower Sheathing over Framing - Lighthouse Tower Grade Plywood Light Tower In Electrical Lighthouse Tower ORoof Hatch & Skylight Lighthouse Tower i l;' sulate Lighthouse Tower Deck Drywall Lighthouse Tower Moisture Barrier - Lighthouse Tower„ Install Wire Mesh Lighthouse Tower Install Lighthouse Tower Alum Guardrail 11 11 1 1 ii Tapes& Finish Lighthouse Tower i Trim &Lath Li hthouse Towe 1055000101 Install Countertop Posts - Lighthouse Tower 3 10APR15 14APR15 1054000138 Set Scaffold Lighthouse Tower 2 11 MAY15 12MAY15Set 1054000139 Metal Stud Framing - Lighthouse Tower 5 13MAY15 19MAY15 1054000141 Sheathing over Framing - Lighthouse Tower 4 20MAY15 25MAY15 1061000101 Marine Grade Plywood Light Tower 2 20MAY15 21 MAY15Marine 1230500301 Ro In Electrical Lighthouse Tower 3 20MAY15 22MAY15Ro 1077200101 Roof Hatch & Skylight Lighthouse Tower 2 22MAY15 25MAY15 1072100101 Insulate Lighthouse Tower Deck 1 22MAY15 22MAY15 1092116111 Drywall Lighthouse Tower 2 25MAY15 26MAY15 1054000143 Moisture Barrier - Lighthouse Tower 2 26MAY15 27MAY15 g 1055400101 Install Wire Mesh Lighthouse Tower 3 26MAY15 28MAY15 1055221101 Install Lighthouse Tower Alum Guardrail 6 26MAY15 02 N15 1092116123 Tape & Finish Lighthouse Tower 3 27MAY15 29MAY15 1054000145 Trim & Lath Lighthouse Tower 2 28MAY15 29MAY15 Start Date Finish Date Data Date Run Date 04APR14 11 FEB16 11APR14 14APR1423:52 ©Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 5 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID 1 Activity Description Orig Dur 1 Early Early 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY Start Finish 1074253101 Measure for Aluminum Panel Fabrication 2 01JUN15 02JUN15 -. I (Scaffold Scaffold [Scaffold Measure for Aluminum Panel Fabrication I I , Install Aluminum Panel Lighthouse Tower ISheet Metal Trim & Flashing Lighthouse Tower Install Lighthouse Tower Lights 1 111111111111111111�lnstall Lighthouse CW Alum System 1 Field Measure for Glass &1Order Leadtime nstall Glass &Caulk Lighthouse Tower nstall Metal Sun Shade at Lighthouse Tower Counterto - Lighthouse Tower I I I I P ®Solid Top 9 Counter Lighthouse Tower - West Elevation - Bldg 1 (Exterior Framing - West Elevation - Bldg 1 Pre 3 Work for Exterior Framing -(Bldg 1 Exterior Sheathing - West Elevation - Bldg 1 ttMoisture Barrier - West Elevation - Bldg 1 ®Trim & Lath - West Elevation - Bldg 1 1111install Storefrlt/Window Alum West Elev - Bldg 1 *.lass @IStorefrt/Window West Elev - Bldg 1 }Install Alum/Glass Entrance Drs 1st Fir- Bldg 1 - South Elevation - Bldg 1 Exterior Framing - South Elevation - Bid 1 xterior Sheathing South Elevation - Bldg11 Moisture Barrier -South Elevation -Bldg 1 III Trim & Lath - South Elevation - Bldg1 I I IThinset Setting) Bed for Wood Plank - Bldg 1 Masonry Veneer - Bldg 1 I 1 1 AWood Grained Tile At Stair 1 Tower - Bldg 1 `■Exterior Wood Planking -Bldg 1 I I I I J§Precast Wall Cap - Bldg 1 ICW Alum @ Stair Tower - Bldg 1 Install StorefrtAMndow Alum South Elev - Bldg 1 (Glass @ Storefrt/Window South Elev - Bldg 1 ®Install Glass @ CW Stair Tower - Bldg 1 - East Elevation - Bldg 1 N Exterior Framing - East Elevation - Bidqq 1 RExterior Sheathing -E I ,ast Elevation -Bldg 1 (Moisture Barrier - East Elevation - Bldg 1 VI I I:I I 1 11 (Trim & Lath - Exterior Elevation - Bldg 1 ■Inst Storefrt ndow Alum East Elev -BldgV 111 1 IGlass @ Storefrt�ndow East Elev - Bldg 1 - North Elevation - Bldg 1 f f I I I Framing - North Elevation - Bldg 1 Exterior Sheathing -North Elevation -Bldg 1 1 11 1 i I Moisture Barrier - North Elevation - Bldrq 1 Trim & Lath -I North Elevation Bldg 1 MScratch & (Brown Coat - Bldtg 1 Cur e Plastelr - Bldg 1 lFinish Coat - Bidtq 1 IIIIIIINInstall Metal Panels Roof- Bldg 1 III )Install Storefrt/Window Alum North Elev - Bldg 1 ®Install Alum/Glass Doors 2nd Fir - Bldg 1 @ Storefrt/Window North Elev -Bldg 1 II I ®Install Railing 2nd Fir - Bldg 1 1074253103 Install Aluminum Panel Lighthouse Tower 4 03JUN15 08JUN15 1076200101 Sheet Metal Trim & Flashing Lighthouse Tower 2 09JUN15 10JUN15 1230500303 Install Lighthouse Tower Lights 2 09JUN15 10JUN15 1084313121 Install Lighthouse CW Alum System 15 11JUN15 01JUL15 1084313123 Field Measure for Glass & Order Leadtime 35 02JUL15 19AUG15 1084313125 Install Glass & Caulk Lighthouse Tower 20 20AUG15 16SEP1571;1' 1055000105 Install Metal Sun Shade at Lighthouse Tower 10 03SEP15 16SEP15 1055000103 Install Countertop - Lighthouse Tower 5 17SEP15 23SEP15Install Solid 1093000101 SoId T op Counter -Lighthouse Tower 5 24SEP15 30SEP15 1054000015 Scaffold - West Elevation - Bldg 1 1 07MAY15 07MAY15 1054000113 Exterior Framing - West Elevation - Bldg 1 10 13MAY15 26MAY15 1054000001 Prep Work for Exterior Framing - Bldg 1 1 14MAY15 14MAY15 1054000127 Exterior Sheathing - West Elevation - Bldg 1 5 27MAY15 02JUN15 1054000129 Moisture Barrier - West Elevation - Bldg 1 3 03JUN15 05JUN15 1054000131 Trim & Lath - West Elevation - Bldg 1 5 08JUN15 12JUN15 1084313105 Install Storefrt/Window Alum West Elev - Bldg 1 4 27AUG15 01 SEP15 1084313113 Glass @ Storefrt/Window West Elev - Bldg 1 3 16SEP15 18SEP15 1084313127 Install Alum/Glass Entrance Drs 1st Flr Bldg 1 5 21SEP15 25SEP15 1054000013 Scaffold -South Elevation - Bldg 1 1 08MAY15 08MAY15 1054000111 Exterior Framing - South Elevation - Bldg 1 10 27MAY15 09JUN15 1054000119 Exterior Sheathing - South Elevation - Bldg 1 5 22JUN15 26JUN15 1054000121 Moisture Barrier - South Elevation - Bldg 1 5 29JUN15 03JUL15 1054000125 Trim & Lath - South Elevation ut a atlon Bldg1 5 06JUL15 10JUL15 1092400107 Thinset Setting Bed for Wood Plank - Bldg 1 2 27AUG15 28AUG15 1047000101 Masonry Veneer - Bldg 1 10 27AUG15 09SEP15 1093000103 Wood Grained Tile At Stair 1 Tower - Bldg 1 4 31AUG15 03SEP15 1064215101 Exterior Wood Planking - Bldg 1 5 04SEP15 10SEP15 1034500101 Precast Wall Cap - Bldg 1 5 10SEP15 16SEP15 1084313117 Install CW Alum @ Stair Tower - Bldg 1 7 11 SEP15 21 SEP15Install 1084313103 Install Storefrt/Window Alum South Elev - Bldg 1 3 11 SEP15 15SEP15 1084313111 Glass @ Storefrt/Window South Elev - Bldg 1 2 30SEP15 01 OCT15 1084313119 Install Glass @ CW Stair Tower - Bldg 1 5 130CT15 190CT15 1054000011 Scaffold - East Elevation - Bldg 1 1 15MAY15 15MAY15[Scaffold 1054000101 Exterior Framing - East Elevation - Bldg 1 4 10JUN15 15JUN15 1054000103 Exterior Sheathing - East Elevation - Bldg 1 4 16JUN15 19JUN15 1054000105 Moisture Barrier - East Elevation - Bldg 1 2 25JUN15 26JUN15 1054000107 Trim & Lath - Exterior Elevation - Bldg 1 2 02JUL15 03JUL15 1084313101 Install Storefrt/Window Alum East Elev - Bldg 1 3 16SEP15 18SEP15 1084313109 Glass @ Storefrt/Window East Elev - Bldg 1 2 050CT15 060CT15 1054000017 Scaffold - North Elevation - Bldg 1 1 08MAY15 08MAY15 1054000123 Exterior Framing - North Elevation - Bldg 1 10 16JUN15 29JUN15Exterior 1054000133 Exterior Sheathing -North Elevation -Bldg 1 5 30JUN15 06JUL15 1054000135 Moisture Barrier - North Elevation - Bldg 1 3 07JUL15 09JUL15 1054000137 Trim & Lath - North Elevation - Bldg 1 5 10JUL15 16JUL15 1092400101 Scratch & Brown Coat - Bldg 1 6 17JUL15 24JUL15 Bldg 1092400103 Cure Plaster- Bld 1 20 27JUL15 21AUG15 1092400105 Finish Coat - Bldg 1 3 24AUG15 26AUG15 1074253105 Install Metal Panels Roof- Bldg 1 8 27AUG15 07SEP15 1084313107 Install Storefrt/Window Alum North Elev - Bldg 1 3 21 SEP15 23SEP15 1084313129 Install Alum/Glass Doors 2nd Flr - Bldg 1 5 28SEP15 020CT15 108431 31 1 5 Glass @ Storefrt/Window North Elev -Bldg 1 4 080CT15 130CT15Glass 1055221211 Install Railing 2nd Flr - Bldg 1 20 140CT15 10NOV15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR14 23:52 @ Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 6 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig I Early Dur i Start 1 Early Finish APR 2014 2015 2016 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY 1076200109 Roof Flashing At Transitions - Bldg 1 3 10JUL15 ',14JUL15 i i 1 Roof Flashing At Transitions Bldg 1 Insulate Underside Roofl-I Bldg 11 Exterior Roof Areas -Bldg 1 Lip L ,Roof Rigid Insulation - Bldg 1 _ Pyramid Skylights hts at Roof Bldg 1 � Y 9 9 II =TPO Roofing Membrane - Bldg 1 Install Sht Mtl Flashg Roof -Bldg 1 Install Sht Mtl Flashig Curved High Rf - Bldg 1 =Install Metal Roofing Roof - Bldg 1 Prep Work for Exterior Framing - Bldg 2 Scaffold - East Elevation - Bldg 2 Exterior Framing - East Elevation - Bldg 2 0�1Exterior Sheathing East Elevation - Bldg 2 Moisture Barrier East Elevation - Bldg 2 i (Trim & Lath - Exterior Elevation - Bldg 2 'Install Storefrt/Window Alum West Elev - Bldg 2 Thinset Setting BedforWood Plank - Bldg 2 l R.. Masonry iVeneer - Bldg 2 , Wood Grailned TilelAt Stair Tower - Bldg 2 'Exterior Wood Planking - Bldg 2 ®Precast) Wall Cap - Bldg 1 llnstalliiCW Alum @ Stair Tower - Bldg 2 Glass @ Storefrtndow West Elev -Bldg 2 - - !Install Alum/Glass Entrance Drs 1st Fir - Bldg 2 ®Install Glass @ CW Stair Tower - Bldg 2 IScaffold - South Elevation - Bldg I i I I 2 P Exterior Framing - South Elevation - Bldg 2 Exterior Sheathing - SouthElevation- Bldg 2 � th Elevation - Bid 2 5Moisture Barrier - Sou -- Trim & Lath - South Elevation - Bldg 21 Install StorefrtAMndow Alum South Elev - Bldg 2 (Glass @ Storefrt/Window South Elev - Bldg 2 [Scaffold :West Elevation - Bldg 2 ExteriorFraming -West Elevation- Bldgi 2 1111111Extelrior Sheathing -,West Elevation - Bldg12 §Moisture Barrier - -,West Elevation -I Bldg 2 ®Trim & Lath - West Elevation - Bid 2 I I Install Storefrorefrt/Window Alum East Elev- Bldg 2 --i � IScaffold 11 ®Glass @ Storefrt�ndow East Elev - Bldg 2 NoY h Elevation - Bldg 2 =�1E terior Framing -I North Elevation -I Bldrq 2 111111111E.terior Sheathing - North Elevation -I Bldg 2 Moisture Barrier -North Elevation - Bldg2 Trim & Lath - North Elevation - Bid 2 I I I I I I I I I�Scratch & Brown Coat Bldg 2 Cure Plaster - Bldg 2 ®Finish Coat - Bldq 2 ®Install Storefrt-indow Alum North Elev - Bldg 2 1 1 I 1 Gliass @ Storefrt/Window North Elev - Bldg 2 as Install Railing 2nd Fir - Bldg 2 Alum/Glass Doors 2nd Fir - Bldg 2 Roof Flashing At Transitions -Bldg 2 Exterior Roof Areas - Bldg 2 1072100105 Insulate Underside Roof - Bldg 1 4 28JUL15 31JUL15 5 27AUG15 02SEP15 1099600103 Paint Exterior Roof Areas -Bldg 1aint 1099600105 Roof Rigid Insulation - Bldg 1 5 03SEP15 09SEP15 Bldg 1077200103 Install Pyramid Skylights at Roof -Bid 1 2 10SEP15 11 SEP15 YInstall 1099600107 TPO Roofing Membrane - Bldg 1 10 14SEP15 25SEP15 1076200107 Install Sht Mtl Flashg Roof - Bldg 1 5 07JUL15 13JUL15 1076200105 Install Sht Mtl Flashig Curved High Rf - Bldg 1 5 14JUL15 20JUL15 1076100103 Install Metal Roofing Roof - Bldg 1 10 14JUL15 27JUL15 1054000002 Prep Work for Exterior Framing - Bldg 2 1 05MAY15 05MAY15 105400021 Scaffold - East Elevation - Bldg 2 1 06MAY15 06MAY15 1054000201 Exterior Framing - East Elevation - Bldg 2 4 07MAY15 12MAY15 1054000203 Exterior Sheathing - East Elevation - Bldg 2 4 13MAY15 18MAY15 1054000205 Moisture Barrier - East Elevation - Bldg 2 2 19MAY15 20MAY15 1054000207 Trim & Lath - Exterior Elevation - Bldg 2 2121 MAY15 22MAY15 1084313205 Install Storefrt/Window Alum West Elev - Bldg 2 4 04SEP15 09SEP15 1092400207 Thinset Setting Bed for Wood Plank - Bldg 2 2 04SEP15 07SEP15 1047000201 Masonry Veneer - Bldg 2 10 04SEP15 17SEP15 1093000203 Wood Grained Tile At Stair Tower Bldg 2 4 08SEP15 11 SEP15 1064215201 Exterior Wood Planking - Bldg 2 5 14SEP15 18SEP15 1034500201 Precast Wall Cap - Bldg 1 5 18SEP15 24SEP15 1084313217 Install CW Alum @ Stair Tower - Bldg 2 7 21 SEP15 29SEP15 1084313213 Glass @ Storefrt/Window West Elev - Bldg 2 3 24SEP15 28SEP15 1084313227 Install Alum/Glass Entrance Drs 1 st Fir - Bldg 2 5 29SEP15 050CT15 1084313219 Install Glass @ CW Stair Tower - Bldg 2 5 21 OCT15 270CT15 1054000023 Scaffold - South Elevation - Bldg 2 1 07MAY15 07MAY15 1054000211 Exterior Framing - South Elevation - Bldg 2 10 27MAY15 09JUN15 1054000219 Exterior Sheathing - South Elevation - Bldg 2 5 10JUN15 16JUN15 1054000221 Moisture Barrier -South Elevation Bld 2 5 17JUN15 23JUN15 9 1054000225 Trim & Lath - South Elevation - Bldg2 5 24JUN15 30JUN15 1084313203 Install Storefrt/Window Alum South Elev - Bldg 2 3 10SEP15 14SEP15 1084313211 Glass @ Storefrt/Window South Elev - Bldg 2 2 29SEP15 30SEP15 1054000025 Scaffold West Elevation - Bldg 2 1 08MAY15 08MAY15 1054000213 Exterior Framing - West Elevation - Bldg 2 10 10JUN15 23JUN15 1054000227 Exterior Sheathing - West Elevation - Bldg 2 5 24JUN15 30JUN15 1054000229 Moisture Barrier - West Elevation - Bldg 2 3 01JUL15 03JUL15 1054000231 Trim & Lath - West Elevation - Bldg 2 5 06JUL15 10JUL15 1084313201 Install Storefrt/Window Alum East Elev - Bldg 2 3 15SEP15 17SEP15 1084313209 Glass @ Storefrt/Window East Elev - Bldg 2 2 020CT15 050CT15 g Bldg 1054000027 Scaffold - North Elevation - Bid 2 1 11 MAY15 11 MAY15 1054000223 Exterior Framing - North Elevation - Bldg 2 10 24JUN15 07JUL15 1054000233 Exterior Sheathing - North Elevation - Bldg 2 5 08JUL15 14JUL15 1054000235 Moisture Barrier - North Elevation - Bld 2 3 15JUL15 17JUL15 g 1054000237 Trim & Lath - North Elevation - Bldg 2 5 20JUL15 24JUL15 1092400201 Scratch & Brown Coat - Bldg 2 6 27JUL15 03AUG15 1092400203 Cure Plaster - Bldg 2 20 04AUG15 31 AUG15 1092400205 Finish Coat - Bldg 2 3 01 SEP15 03SEP15 1084313207 Install Storefrt/Window Alum North Elev - Bldg 2 3 18SEP15 22SEP15 1084313215 Glass @ Storefrt/Window North Elev - Bldg 2 4 070CT15 120CT15 1055222211 Install Railing 2nd Fir - Bldg 2 20 13OCT15 09NOV15 1084313229 Install Alum/Glass Doors 2nd Fir - Bldg 2 5 13OCT15 190CT15 1076200209 Roof Flashing At Transitions - Bldg 2 320JUL15 22JUL15 1099600203 Paint Exterior Roof Areas Bldg 2 1 5 23JUL15 29JUL150013aint Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11 APR14 14APR1423:52 @ Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 7 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID 1 Activity I Description Orig I Early Dur I Start Early Finish 2014 2015 2016 APR d-- MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN I JUL EP OCT NOV DE AUG SC I JAN IFEBIMARIAPR MAY 1099600205 Roof Rigid Insulation - Bldg 2 5 30JUL15 05AUG15 LAIL ,Roof Rigid Insulation -I Bldlg 2 Insulate Underside Riof Bldg 2 Roofing Membrane - Bldg 2 mm 11 Install Sht Mtl Flashg Roof -Bldg 2 II Install Metal Roofing Roof - Bldg 2 1072100205 Insulate Underside Roof - Bldg 2 4 05AUG15 10AUG15 1099600207 TPO Roofing Membrane - Bldg 2 10 06AUG15 19AUG15TPO 1076200207 Install Sht Mtl Flashg Roof - Bldg 2 5 15JUL15 21JUL15 1076200203 Install Metal Roofing Roof - Bldg 2 10 22JUL15 04AUG15 - - j I f Ro ----i--- 1} FS High j ItLayout l�Layout ALT Layout Layout i � - Roof Clg - Bldg 1 Layout FirelSprinkler 1st Fir - Bldg 1 MHan FS Mainlines 1st Fir- Bldg 1 MRo OH FS Branch Lines 1st Flr -Bldg 1 ®FS Drops High RooflClp- Bldg 1 Ilinspection Ro MEP Walls 1st Fir- Bldg 1 Set FS Heads High Roof Clg - Bldg 1 ®FS Drops DW Clgs & Soffis 1st Fir - Bldg 1 All1210501127 ®FS Escutcheons & Trim High Roof Clg - Bldg 1 II I Inspection OH MEP DW Clgs 1st Fir - Bldg 1 EFS Drops T -Bar Ceilings 1st Fir - Bldg 1 FS Escutcheons Wood Plank Clg - Bldg 1 A iRemove Scaffold Install Plumbing Fixtures 1st FIr - Bldg 1 Overhead Plumbing 1st Fir - Bid? 1 1 I I I I G 1 Ro Plumbing Walls 1st Fir - Bldg 1 I II I li I I II I -Ro Plumbing Walls 1st Fir -Bid 1 I II 1 1 1 I; 1 1 u ItLayout Overhead Plumbing 1st Fir - Bldqq 1 1 11. II 1 1 1 I' 1 1'11 i Layout Ro Plumbing Walls 1st Fir - Bid,, �Ro Plumbing Walls 1st Fir - Bldg 1 ----I— 11-11,'l _. I 1iI'I 1 1 11 l_- - MRo OH Plumbing Lines 1st Fir- Bid? 1 �1II II I I I I I I II II 17 1 Ro OH Plumbing Lines 1st FIr - Bid? 1 1 'I I I I' 1 r 11 I I I T Ro OH1 Plumbintg RR 1st Fir -1 Bldg 1 I Ro OH Plumbing RR 1st FIr - Bldg 1 1 1st FloorII , Overhead HVAC -- Bldg SetSFC's tFIr -Bldg 1 I I I I Layout 2nd Floor Overhead HVAC - Bid 1 I li II 'I I I I I Set RH's 1st Fir - Bldgl i et SFC's 2nd Flrl- Bldg 1 I I[ 11 Overhead HVAC Ductwork 1st Fir -1st Bldg Set RH's 2nd Fllr Bld� 1 IISet BS Selector Boxes -1 Bldg 1 Set Flex Ductwork for Diffusers 1st Fir - Bldg 1 II I II I I V II I I I I I Ro OverheadHVAC Refl Piping 1st Fir - Bldg 1 l�Set Diffusers DW Clgs 1st Fir - Bldg 1 ®Set Diffusers T -Bar Clgs 1st FIr - Bldg 1 { Electrical 1st Fir - Bid QQ 1 1 11 II '1 I. 1 I' I Ir II Ro Electrical Fullht Walls 1st Fir -Id qq 1 II I I. 1 11 II 1 1 i t I✓RO OH Electrical 1st Fir - Bldg 1 1 1 II II _ � � "Flo Electrical Part Ht Walls 1st Fir- Bldg 1 nstall IEllectrical Planets 1st Fir -Bldg 1 Conduits to Panels 1st Fir - Bldg 1 Set Lt Fixt DW Cls/Soffits 1st Fir -Bldg 1 Set Light Fixtures T -Bar Clgs 1st Flr -Bldg 1 7 La out Fire Spprinkler 2nd Fir - Bldg 1 i 111--I1---11 Han F 1 C� S Mainlines 2nd Fir - Lines Ro OH FS Branch Lines 2nd Flr -Bldg 1 1210501121 Ro FS High Roof CIg - Bldg 1 10 04MAY15 15MAY15 1210501111 Layout Fire Sprinkler 1st Fir - Bldg 1 3 11JUN15 15JUN15 1210501113 Hang FS Mainlines 1st Fir - Bldg 1 10 16JUN15 29JUN15 1210501115 Ro OH FS Branch Lines 1st Fir - Bldg 1 10 16JUL15 29JUL15 1210501123 FS Drops High Roof Clg -Bldg 1 5 11AUG15 17AUG15 1260501139 Inspection Ro MEP Walls 1st Fir - Bldg 1 1 20AUG15 20AUG15 1210501125 Set FS Heads High Roof Clg - Bldg 1 5 25AUG15 31 AUG15 1210501117 FS Drops DW Clgs & Soffis 1 st Fir - Bldg 1 10 03SEP15 16SEP15 FS Escutcheons &Trim High Roof Clg Bldg 1 5 11 SEP15 17SEP15 1260501137 Inspection OH MEP DW Gigs 1st Flr -Bldg 1 1 17SEP15 17SEP15 1210501119 FS Drops T -Bar Ceilings 1 st Fir - Bldg 1 5 20OCT15 260CT15 1210501129 FS Escutcheons Wood Plank Clg - Bldg 1 2 28OCT15 290CT15 1210501131 Remove Scaffold1 30OCT15 300CT15 1220501125 Install Plumbing Fixtures 1st Fir - Bldg 1 5 05NOV15 11 NOV15 1220501111 Layout Overhead Plumbing 1st Fir - Bldg 1 3 11JUN15 15JUN15 1220501112 Layout Ro Plumbing Walls 1 st Fir - Bldg 1 2 16JUN15 17JUN15 1220501117 Ro Plumbing Walls 1st Fir - Bldg 1 15 18JUN15 08JUL15 1220501211 Layout Overhead Plumbing 1 st Fir - Bldg 1 3 18JUN15 22JUN15 1220501212 Layout Ro Plumbing Walls 1 st Fir - Bldg 1 2 23JUN15 24JUN15 1220501217 Ro Plumbing Walls 1st Fir - Bldg 1 15 25JUN15 15JUL15 1220501113 Ro OH PlumbingLines 1st Fir - Bldg 1 10 02JUL15 15JUL15 g 1220501213 Ro OH Plumbing Lines 1 st Flr - Bldg 1 10 09JUL15 22JUL15 1220501115 Ro OH Plumbing RR 1st Fir - Bldg 1 10 16JUL15 29JUL15 1220501215 Ro OH Plumbing RR 1 st Fir - Bldg 1 10 23JUL15 05AUG15 230501101 Layout 1st Floor Overhead HVAC -Bldg 1 5 04JUN15 10JUN15 1230501103 Set SFC's 1st Fir -Bidg 1 5 11JUN15 17JUN15 1230501201 Layout 2nd Floor Overhead HVAC - Bldg 1 5 11JUN15 17JUN15 1230501105 Set RH's 1 st FIr - Bldg 1 5 18JUN15 24JUN15 1230501203 Set SFC's 2nd Fir - Bldg 1 5 18JUN15 24JUN15 1230501109 Ro Overhead HVAC Ductwork 1st Fir - 1st Bldg 15 25JUN15 15JUL15 1230501205 Set RH's 2nd Fir - Bldg 1 5 25JUN15 01 JUL15 1230501107 Set BS Selector Boxes - Bldg 1 2 25JUN15 26JUN15 1230501111 Set Flex Ductwork for Diffusers 1 st Fir - Bldg 1 15 16JUL15 05AUG15 1230501113 Ro Overhead HVAC Ref Piping 1st Fir - Bldg 1 15 16JUL15 05AUG15 1230501115 Set Diffusers DW Clgs 1 st Fir - Bldg 1 10 10SEP15 23SEP15 1230501117 Set Diffusers T -Bar CIgs 1st Flr -BIdg 1 5 24SEP15 30SEP15 1260501121 Layout Electrical 1 st Fir - Bldg 1 5 04JUN15 10JUN15 1260501129 Ro Electrical Fullht Walls 1st Flr - Bldg 1 10 18JUN15 01JUL15 1260501123 RO OH Electrical 1 st Fir - Bldg 1 10 16JUL15 29JUL15 1260501131 Bldg 1 15 FIBldg nstall 1260501125 Electrical alrPanels 11st Fir Bldg 1 103AUG15 19AUG15 1260501127 Conduits to Panels 1 st Fir - Bldg 1 5 20AUG15 26AUG15 1260501133 Set Lt Fixt DW Clgs/Soffits 1st Flr -Bldg 1 10 03SEP15 16SEP15 1260501135 Set Light Fixtures T Bar Clgs 1st Fir -Bidg 1 5 17SEP15 23SEP15 121 0501 21 1 Layout Fire Sprinkler 2nd Flr - Bldg 1 3 18JUN15 22JUN15 1210501213 Han FS Mainlines 2nd Fir- 1 10 23JUN15 06JUL15 g g 1210501215 Ro OH FS Branch Lines 2nd Fir - Bldg1 10 23JUL15 05AUG15 Start Date Finish Date Data Date Run Date 04APR14 11 FEB16 11APR14 14APR14 23:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 8 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig Dur Early Start Early 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY Finish 121 0501 21 7 FS Drops DW Clgs & Soffis 2nd Fir - Bldg 1 10 17SEP15 30SEP15 MInstall CIA ®Install I I I I 1 I IF A AAL k Aulk I A A L FS Drops DW Clgs & Soffis 2nd Fir - Bldg 1 Inspectionl OH MEP DW Clgs 2nd Fir - Bldg 1 EFS Drops T -Bar Ceilings 2nd FIr - Bldg 1 Install Plumbing Fixtures 2nd Fir - Bldg 1 Trench Drain - 2ndFir ByBldg1 UH t� Ro Overhead HVAC Ductwork 2nd Fir -1st Bldg I I I I I II II ;F I I I I I I I 1111111111111111111111111111111ISet Flex Ductwork for Diffusers 2nd FIr- Bldg 1 II II V a _ i Ro Overhead HVAC Ref Pining 2nd Flr -Bldg 1 1 1 Set Diff users DIN CIrgs 2nd Fir - Bldg 1 Diffusers T -Bar Clgs 2nd Fir - Bldg 1 out Electrical 2nd FIr - Bldp1 I I I III I I I I I I I II Ir Ro Electrical Fullht Walls 2nd Fir - Bldg 1 All11 1 II II y. 111 1 1 RO OH Electrical 2nd Fir - Bldg 1 I I I II 11F Ro Electrical Part Ht Walls 2nd Fir - Bldg 1 I II II , I I I I I I I Install Electrical Panels 2nd Fir - Bldg 1 II II I I 1 1 1 I I Conduits to Panels 2nd Fir - Bldg 1 Set Ltl Fixt DW Cl1gs/Soffits 2nd FIr - Bldg 1 ®Set Li ht Fixtures T -Bar CI9 s 2nd FIr - Bldg 1 9 Light Fixtures Wood Plan Cig - Bldg 1 Roof (Drains at Roofs - Bldg 1 nstall Roof Vents Bldg 1 � II I II I II I II II Ro OH Electrical High Roof C - Bldg 1 11'1 #Set High (Bay Fixtures HI h Roof - Bldg 1 Layout Fire Sprinkler 1st Fir 131dg 2 �� II 1 11 1 11 Hang.FS Mainlines 1st Fir1 Bldrq 2 I N1NRo OH FS Branch Lines 1st Flr- Bldaa 2 I I II I II I II I II 'I I I r l I=FS Drops DW CI s &Soffis 1st Fir- BIdg2 1lnspection OH MEP DW Clos list Flrl- Bldg 2 g II i Inspection Ro MEP Walls 1st Flr - Bld 2 f Install PlumbingFixtures 1st Fir- Bldg 2 Layout 1st Floor Overhead HVAC - Bldqq 2 I II 1 11 111 II 11 1 11 II IIr Layout Overhead Plumbingq list Flr - Bldg 2 '.. II II II 11 11 li II II II La out Ro Plumbing Walls 1st Flr -Bldg 2 I,Ro OH Plumbing Lines 1st Fir -u Bldg 2 I I 11 111 11 11 1 11 1 11 1 t 11 1 IRo Plumbing Walls 1st Fir - Bldg 21,1 II 1 1 II 1 II 11 I1 1 II 1 II 1 II 11 Layout Overhead Plumbing 1st Fir - Bldg 2 II "I r' I I I II I Ro OH Plumbing Lines list FIr - Bldg 2 ll 11 II ! II 11 11 II 1 li II 1 I�Lavout Ro Plumbing Walls list Fir - Bldg 2 I till l I _1 LL 11 L - 111. -1 11--1 -.0 -1-.. a 1. I�Ro Plumbing Walls list Fir- Bldg 2 If II 1 1 11 11 11 1 11 1 11 1 111 MRO OH Plumbing RR 1st Fir - Bldg 2 SII II I II II II I II I II I II I ®Ro OH Plumbing RR 1st Fir - Bldg 2 M1111 I II [III 111 I 11 1 III La out 2nd Floor Overhead HVAC -Bldg 2 Set SFC's 1 st FIr - Bldpp 2 Set SFC's 2nd FIr- Bldqq 2 I I li II II II II li I Ir Set RH's 1st FIr - Bldg 2 II II . II II II I II Set RH's 2nd Fir - Bldg1230502109 2 II I I II II I'. I II I I Ro Overhead HVAC1Ductwork 1 st FIr - Bid 2 11 11 r 1 11 1 II 1 t BS Se OSe lector Boxes - Bldg 2� I 1 Overhead HVAC Ductwork 2nd Fir- Bldqq 1 f II 11 II II II II l i l Set Flex Ductwork for Diffusers 1st Fir 'Bldg 2 II II h 1 11 1 11 1 111 1 1 1 1 1 1 1" 1 Ro Overhead HVAC Ref Piping 1st Fir - Bid 2 I I Set Diffusers DW Clgs 1st Flr -BldgI 12 I I II I II I II I I I 1 1 1 1 I F1 iiii 11 Set Diffusers T -Bar Clgs 1st Flr - Bid 2 1260501237 Inspection OH MEP DW Clgs 2nd FIr - Bldg 1 1 01 OCT15 01 OCT15 121 0501 21 9 FS Drops T -Bar Ceilings 2nd FIr - Bldg 1 5 01 OCT15 070CT15 1220501225 Install Plumbing Fixtures 2nd Fir - Bldg 1 5 26NOV15 02DEC15 1220501121 Install Trench Drain - 2nd FIr Balcony Bldg 1 5 10APR15 16APR15 1230501209 Ro Overhead HVAC Ductwork 2nd FIr - 1st Bldg 15 02JUL15 22JUL15 1230501211 Set Flex Ductwork for Diffusers 2nd FIr - Bldg 1 15 23JUL15 12AUG15 1230501213 Ro Overhead HVAC Ref Piping 2nd Flr -Bldg 1 10 30JUL15 12AUG15 1230501215 Set Diffusers DW Clgs 2nd FIr - Bldg 1 10 17SEP15 30SEP15 1230501217 Set Diffusers T -Bar Clgs 2nd FIr - Bldg 1 5 01 OCT15 070CT15 1260501221 Layout Electrical 2nd FIr - Bldg 1 5 09JUN15 15JUN15 1260501229 Ro Electrical Fullht Walls 2nd FIr - Bldg 1 10 25JUN15 08JUL15 1260501223 RO OH Electrical 2nd FIr - Bldg 1 10 23JUL15 05AUG15 1260501231 Ro Electrical Part Ht Walls 2nd Fir - Bldg 1 10 13AUG15 26AUG15 1260501225 Install Electrical Panels 2nd Flr - Bldg 1 5 20AUG15 26AUG15 1260501227 Conduits to Panels 2nd FIr - Bldg 1 5 27AUG15 02SEP15 1260501233 Set Lt Fixt DW Clgs/Soffits 2nd FIr - Bldg 1 10 17SEP15 30SEP15 1260501235 Set Light Fixtures T -Bar Cigs 2nd FIr - Bldg 1 5 01 OCT15 070CT15 1260501145 Set Light Fixtures Wood Plan Clg - Bldg 1 4 28OCT15 02NOV15Set 1220501119 Install Roof Drains at Roofs - Bldg 1 5 27APR15 01 MAY15 1230501119 Install Roof Vents - Bldg 1 3 15JUL15 17JUL15 1260501141 Ro OH Electrical High Roof Clg - Bldg 1 5 21JUL15 27JUL15 1260501143 Set High Bay Fixtures Hlgh Roof - Bldg 1 5 11 AUG15 17AUG15 1210502111 Layout Fire Sprinkler 1 st FIr - Bldg 2 3 19MAY15 21 MAY15 1210502113 Hang FS Mainlines 1st FIr - Bldg 2 10 22MAY15 04JUN15 1210502115 Ro OH FS Branch Lines 1st FIr - Bldg 2 10 23JUN15 06JUL15 1210502117 FS Drops DW Clgs & Soffis 1 st FIr - Bldg 2 10 07JUL15 20JUL15 1260502137 Inspection OH MEP DW Clgs 1st FIr - Bldg 2 1 21JUL15 21JUL15 1260502139 Inspection9 1220502125 Install Plumbing Fixtures st FIr Bldg 2 5 19NOV15 25NOV15 9 9 1220502101 Layout 1 st Floor Overhead HVAC - Bldg 2 5 12MAY15 18MAY15 1220502111 Layout Overhead Plumbing 1 st Flr - Bldg 2 3 19MAY15 21 MAY -I5 1220502112 Layout Ro Plumbing Walls 1 st FIr - Bldg 2 2 22MAY15 25MAY15 1220502113 Ro OH Plumbing Lines 1st FIr - Bldg 2 10 22MAY15 04JUN15 1220502117 Ro Plumbing Walls 1 st FIr - Bldg 2 15 26MAY15 15JUN15 1220502211 Layout Overhead Plumbing 1 st FIr - Bldg 2 3 26MAY15 28MAY15 1220502213 Ro OH Plumbing Lines 1st FIr - Bldg 2 10 29MAY15 11JUN15 1220502212 Layout Ro Plumbing Walls 1st FIr - Bldg 2 2 29MAY15 01JUN15 1220502217 Ro Plumbing Walls 1st FIr - Bldg 2 15 02JUN15 22JUN15 1220502115 Ro OH Plumbing RR 1st FIr - Bldg 2 10 05JUN15 18JUN15 1220502215 Ro OH Plumbing RR 1st FIr - Bldg 2 10 12JUN15 25JUN15 1230502201 Layout 2nd Floor Overhead HVAC - Bldg 2 5 19MAY15 25MAY15 1230502103 Set SFC's 1 st FIr - Bldg 2 5 19MAY15 25MAY15 1230502203 Set SFC's 2nd FIr - Bldg 2 5 26MAY15 01JUN15 1230502105 Set RH's 1st Flr -Bldg 2 5 26MAY15 01JUN15 1230502205 Set RH's 2nd FIr - Bldg 2 5 02JUN15 08JUN15 Ro Overhead Ductwork st r 2 15 02JUN15 22JUN15 9 Bldg 1230502107 Set BS Selector Boxes - Bld 2 2 02JUN15 03JUN15 1230502209 Ro Overhead HVAC Ductwork 2nd FIr Bldg 1 15 09JUN15 29JUN15Ro 1230502111 Set Flex Ductwork for Diffusers 1 st FIr - Bldg 2 15 23JUN15 13JUL15 1230502113 Ro Overhead HVAC Ref Piping 1st FIr - Bldg 2 15 23JUN15 13JUL15 1230502115 Set Diffusers DW Clgs 1st FIr - Bldg 2 10 14JUL15 27JUL15 1230502117 Set Diffusers T -Bar Clgs 1 st FIr - Bldg 2 5 28JUL15 03AUG15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR14 23:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Sheet 9 of 15 Date Revision Checked ApDroved Activity ID Activity Description Orig Early Dur Start Early2014 Finish 2015 2016 APR MAY JUN JUL AUG SEPI OCT I NOVI DEC I JANIFEBI MARIAPRI MAY I JUN I JUL I AUG SEP OCT NOV DEC I JAN I FEB I MAR IAPR MAY 1260502121 Layout Electrical 1 st Fir - Bldg 2 5 15MAY15 ! 21 MAY15 - - - i ®Install Install ®Layout Trenchll k La - Ro out -I II Han Drain 0 Tl I I Roof Electrical 1 st Fir -Bid 2 I Electrical Fullht Walls 1st Fir- Bldg 2 t•I I I II I I II I II I II I OH Electrical 1st Fir - Bldg 2 Set Lt Fixt DW Clgs/Soffits 1stFIr I- Bldg 2 I I' I II I II I II I ' I I I I I I I Install Electrical Panels 1st Fir -Bid? 2 I II I II I Ptl 1. II I I 1 7 I, Set Light Fixtures T -Bar Clqqs 1st Fir - Bldg 2 ECondults to Panels 1st Fir - Bldg 2 I I II it i I I I I T I *Ro Electrical Part Ht Walls 1st Fir - Bldg 2 I II II : I Fire Sprinkler 2nd Fir - Bldg 2 II II I" II II II �I FS Mainlines 2nd Fir - Bldg 2 RIrlo OH FS Branch Lines 2nd FirI IIIIIII 11 11 - Bldg 2 Drops DW Cips & Soffis 2nd Fir - BIdQ 'I T FS Drops T -Bar Ceilings 1st Fir - Bldg 2 I I I I I I II i I I I I I I I I' FS Drops T -Bar Ceilings 2nd Fir - Bldg 2 I Inspection OH MEP DW CI s 2nd Fir - Bldg 2 FS Escutcheons Wood Plank 1 1 t 1 ALY(Remove Scaffold Plumbing - 2nd FIrIBalcony lBldg 12 t Set Flex Ductwork for Diffusers 2nd Fir - Bldg 2 I 1 IR I II II 1 II i 1 I I. I- I I I -1: l -1 Ro Overhead HVAC Ref Piping 2nd Fir - Bldg 2 I IP I 11 I 11 I II it I 11 I I Bill Set Diffusers DW Clgs 2nd Flr -BId 2 V I I I I II it I I I 1 1 1 1 �' �I Set Diffusers T -Bar C119s 2nd Flr -Bldg 2 V I I I I II II I I Ro Electrical Fullht Walls 2nd Fir - Bldg 2 I I I II HIP I II I II I III Install Electrical Panels 2nd Fir - Bldg 2 I t II ll IN 1 ll I -11 -1 II 1- -. Conduits) to Panels 2nd Fir d Bldg15 1 2 RO OH Electrical 2nd Fir - Bldg 2 II 9 I II I II I II I rl Set Lt Fixt DW Clgs/Soffits 2nd Fir - Bldg 2 I II I II I II I I I I I I I I I Ro Electrical Part Ht Walls 2nd Fir -Bldg 2 La�rolutlEllectriucall2nd Flr - Bldg 2 Set Light Fixtures T -Bar CI s 2nd Fir - Bldg 2 I I I I I � Set Li ht Fixtures Wood Plan Drains at Rolofs -I BId?12 (Install Roof Vents - Bldg 2 IIIBId '.. Clg -Bldg 2 Fixtures 2nd Fir - Bldg 2 Clg "Bldg 2 1260502129 Ro Electrical Fullht Walls 1st Fir - Bldg 2 10 26MAY15 08JUN15 1260502123 RO OH Electrical 1st Fir - Bldg 2 10 23JUN15 06JUL15RO 1260502133 Set Lt Fixt DW Clgs/Soffits 1 st Fir - Bldg 2 10 07JUL15 20JUL15 1260502125 Install Electrical Panels 1 st Fir - Bldg 2 5 21JUL15 27JUL15 1260502135 Set Light Fixtures T -Bar Clgs 1 st Fir - Bldg 2 5 21JUL15 27JUL15 1260502127 Conduits to Panels 1 st Fir - Bldg 2 5 28JUL15 03AUG15 1260502131 Ro Electrical Part Ht Walls 1st Fir - Bldg 2 10 13AUG15 26AUG15 1210502211 Layout Fire Sprinkler 2nd Fir -Bldg 2 3 26MAY15 28MAY15 1210502213 Hang FS Mainlines 2nd Fir - Bldg 2 10 29MAY15 11JUN15 1210502215 Ro OH FS Branch Lines 2nd Fir Bldg 2 10 30JUN15 13JUL15 1260502217 FS Drops DW Clgs & Soffis 2nd Fir - Bldg 2 10 07JUL15 20JUL15FS 1210502119 FS Drops T -Bar Ceilings 1st Fir - Bldg 2 5 21JUL15 27JUL15 1260502219 FS Drops T -Bar Ceilings 2nd Fir - Bldg 2 5 21JUL15 27JUL15 1260502237 Inspection OH MEP DW Clgs 2nd Fir - Bldg 2 1 28JUL15 28JUL15 1210502129 FS Escutcheons Wood Plank CI Bldg 2 2 05NOV15 06NOV15 g 9 1210502131 Remove Scaffold 1 09NOV15 09NOV15 1220502225 Install Plumbing Fixtures 2nd Fir - Bldg 2 5 10DEC15 16DEC15Install 1220502121 Install Trench Drain - 2nd Fir Balcony Bldg 2 5 21APR15 27APR15 1230502211 Set Flex Ductwork for Diffusers 2nd Fir - Bldg 2 15 30JUN15 20JUL15 1230502213 Ro Overhead HVAC Ref Piping 2nd Fir - Bldg 2 10 07JUL15 20JUL15 1230502215 Set Diffusers DW Clgs 2nd Fir Bldg 2 10 21 JUL15 03AUG15 1230502217 Set Diffusers T -Bar Clgs 2nd Fir - Bldg 2 5 04AUG15 10AUG15 1260502229 Ro Electrical Fullht Walls 2nd Fir - Bldg 2 10 02JUN15 15JUN15 1260502225 Install Electrical Panels 2nd Fir - Bldg 2 5 09JUN15 15JUN15 1260502227 Conduits to Panels 2nd Fir -Bldg 2 5 16JUN15 22JUN15 1260502223 RO OH Electrical 2nd Fir - Bldg 2 10 30JUN15 13JUL15 1260502233 Set Lt Fixt DW Clgs/Soffits 2nd Fir - Bldg 2 10 14JUL15 27JUL15 1260502231 Ro Electrical Part Ht Walls 2nd Fir - Bldg 2 10 14JUL15 27JUL15 Bldg 1260502221 Layout Electrical 2nd Fir - BId 2 5 21JUL15 27JUL15 1260502235 Set Light Fixtures T -Bar CI s 2nd Fir - Bldg 2 5 28JUL15 03AUG15 9 9 9 1260502145 Set Light Fixtures Wood Plan CI Bldg 2 4 05NOV15 10NOV15 9 9 9 1220502119 Install Roof Drains at Roofs - Bldg 2 5 05MAY15 11 MAY15 1230502119 Install Roof Vents - Bldg 2 3 22JUL15 24JUL15 La Ilyl N I out 1 11, Frame Drywall ` t Flr - Bldqq 11 1 1 Fullheight I� II I I One I1 1 pe Fire Ta I Final Ins ions Commissionin- 1 - I pact / lg lg -- II I II I I I I 1 1 1 li I y Final Inspections/Commissionin - Bldg 2 I I II 1 Drywall High Roof Clg -Bldg 1 I f II I I I I I I I II 0 Tape & Finish High RooflClrq (Paint High Roof 11 1 CI -Bldg 1 iFra me Unde1 1rside Hi h Roof �Bld � 1 dl -1 Partition 1st Fir - BldqI 1 ill 1 1 1 1 1 1 1 '� Side High 1st Fir- BId 1 Hi Ih Walls istlFlr- Bldoqq 1 Frame Partition Height Walls 1st Fir - Bldg 1 i l li II, Frame DWCeilings & Soffits 1st Fir - Bldg 1 I I I I � I I i l l i II I I II i Frame Restroom Walls 1st Fir - BM 1 I� � Drywall One Side 1st Flr - Bldg 1 11 II Frame Restroom DW Ceilings list FI Ilnsulate Walls 1st IFIr -IBId� 1 r Bldg 1 ®Drywall 2nd Side 1st Fir Bldg 1 � I I 1 1 1 1 1 I I II Install Drywall CI s & Soffits 1st Fir - Bldg 1 - 1019113001 Final Inspections/Commissioning Bldg 1 30 18DEC15 28JAN16 1019113002 Final Inspections/Commissioning -Bldg 2 30 01JAN16 11 FEB16 1092116127 Drywall High Roof Clg Bldg 1 10 11 AUG15 24AUG15 1092116129 Tape & Finish High Roof CIg 10 25AUG15 07SEP15 1099000105 Paint High Roof Clg - Bldg 1 3 08SEP15 10SEP15 125 Frame Underside idBe1 High Roof -Bldg 1 15 1092111101 Layout 28MAY 5 03JUN115 1092116103 Frame Fullheight Partition 1st Fir - Bldg 1 10 04JUN15 17JUN15 1092111107 Drywall One Side High 1 st Fir - Bldg 1 5 18JUN15 24JUN15 1092111109 Fire P 9 Bldg 9 1092111105 Frame Partition Heil ht Walls 1 - Bldg1 10 30JUL15 12AUG 5 g 1092111113 Frame DW Ceilings & Soffits 1 st Fir - Bldg 1 15 13AUG15 02SEP15 1092111131 Frame Restroom Walls 1st Fir - Bldg 1 10 13AUG15 26AUG15 1092111117 Drywall One Side 1st Fir - Bldg 1 10 27AUG15 09SEP15 Frame Restroom DW Ceilings1st Fir -BId 1 13 g g 10721 1 1 1 01 Insulate Walls ist2111133 10SEP15 14SEP15 09 119 Drywall 2nd Side 1st Fir Bldg 1 10 15SEP15 28SEP15 11092111115 Install Drywall Clgs &Soffits 1st Fir Bldg 1 10 18SEP15 01OCT15 Start Date Finish Date Data Date Run Date 04APR14 i1FEB16 11APR14 14APR14 23:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Sheet 10 of 15 Date Revision Checked Approved Activity ID Activity Description Orig I Early Dur I Start Early Finish 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR I APR I MAY 1092111121 Tape & Finish 1st Fir - Bldg 1 10 020CT15 15OCT15 A I, LALALAI ALAI, A 111111111111111ITape & Finish 1st Fir- Bldg 1 I I I I I rI I II Restroom Ceramic Tile 1st Fir - Bldg 1 } I..I t I n I I Il Install Interior Window Alum list Fir - Bldg 1 n11If110 T -Bar Ceiling Grid 1st Fir - Bldg 1 II I I I I Solid Ipe or Solid (Wood Phone Counter - Bldg 1 Install Door Frames 1st Fir - Bldg 1 III u Paint Drywall Walls 1st Fir - Bldg 1 1 1 1 I: I II i Ilnstall Doors 1st Fir -Bldg 1 Rlestroom Ceramic Tile 1st Fir TPaint Restrooms list Fir - Bldg1 I. 1 1 II asure Order Interior Window Glass - Bldg 1 I II P. Install Millwork & Cabinetry 1st Fir - Bldg 1 I II I I ! II i Install Glass Interior Window 1st Fir - Bldg 1 JInstall Toilet Part/Access 1st Fir -Bldg 1 ®Install Flooring &Base -Bldg 1 1ayout 2nd Fir -Bid 1 Frame Fullheight Walls 2nd Fir - Bldgl 1 11 11 IIrywall One Side High 2nd Fir - Bid? 1 I ®Fire Tap: High Walls 2nd Fir - Bldrq 1 ®Frame Partition Heippht Walls 2nd Fir - Bldg 1 �. � I I I r1 I II I II I I I II Frame Restroom Walls 2nd Fir - Bldg 1 11 1 11 1 u u ngs & Soffits 12nd Fir -Bldg 1 I I Frame DW Ceilu�I ®Drywall One Side 2nd Fir - Bldg 1 1 1 1 1 I II I II I I I II Frame Restroom DW Ceilings 2nd Fir - Bldg 1 I I I II I II I I I II "I'llnsulateI Walls 2nd Fir - Bld9 1 1 1 11 1 11 1 1 1 1 ®D all 2nd Side 2nd FIr - Bldg 1 1 l 1 u 1 1 u Install Drywall CI s &Soffits 2nd Fir - Bldg 1 I f I n 1 11 -1 - 1 1 u Tape & Finish 2nd FIr -Bldg 1 I II I I I II Planking Ceiling System - Bldg 1 11�,,11,1011od Paint Drywall Ceilings/Soffits - Bldg 1 T1084311231 nstall Interior Window Alum 2nd Fir - Bldg 1 1nst1alll Door Frames 2nd Fir -Bldg 1 ®T -Bar Ceiling 1Grid 2nd Fir - Bldg 1 Plaint Drywall Walls 2nd Fir - Bldg 1 MInstall Doors 2nd Fir - Bldg 1 1 1 II I 1 ®I11nsta4ll Glass Interior Window 2nd Fir - Bldg 1 Install Millwork & Cabinetry 2nd Fir - Bldg 1 Paint Restrooms 2nd Fir - Bldg 1 Install Toilet Part/Access 2nd Fir - Bldg 1 ®Install Flooring & Base 2nd Fir - Bldg 1 2 Framel Fullheight Walls list Fir - Bldg 2 D F'Irell One SideiHigh 1st Fir -Bldg 2 Tape High Walls 1st FIr- Bldg 2, I Frame Fullhelght Walls 1st Fir - Bldg 1 Drywall One Side 1st Fir -Bldg 2 Insulate Walls 1st Fir - Bldg 2 ®Drywall 2nd Side 1st FIr Bid 1g 2 I Frame Partition Height Walls 1st Fir- Bldg 2 Frame DW Ceilings & Soffits 1st Fir - Bid 2 Frame Restroom Walls 11st Fir- Bld� 2 Frame Restroom DWICell Iings11st Fir- Bldg 2 Install Drywall CI s & Soffits 1st Fir - Bldg 2 1093001105 Restroom Ceramic Tile 1 st Fir - Bldg 1 15 090CT15 29OCT15 1084311131 Install Interior Window Alum 1st Fir - Bldg 1 3 160CT15 20OCT15 1095101101 T -Bar Ceiling Grid 1st Fir - Bldg 1 2 160CT15 190CT15 1064101101 Solid Ipe or Solid Wood Phone Counter - Bldg 1 2 160CT15 19OCT15 1081111101 Install Door Frames 1st Fir - Bldg 1 5121 OCT15 270CT15 1099001107 Paint Drywall Walls 1st Fir - Bldg 1 10 230CT15 05NOV15 rYN 9 1081111103 Install Doors 1st Fir - Bldg 1 5 280CT15 03NOV15 1093001205 Restroom Ceramic Tile 1st Fir 15 30OCT15 19NOV15 1099001101 Paint Restrooms 1st Fir - Bldg 1 4 300CT15 04NOV15 1084313133 Measure Order Interior Window Glass - Bldg 1 5 04NOV15 10NOV15 1064101103 Install Millwork & Cabinetry 1st Fir - Bldg 1 15 06NOV15 26NOV15 1084311135 Install Glass Interior Window 1 st Fir - Bldg 1 4 11 NOV15 16NOV15 1102801101 Install Toilet Part/Access 1 st Fir - Bldg 1 5 12NOV15 18NOV15 1096501101 Install Flooring & Base - Bldg 1 15 27NOV15 17DEC15 1092111201 Layout 2nd Fir - Bldg 1 3 04JUN15 08JUN15 1092111203 Frame Fullheight Walls 2nd Fir - Bldg 1 10 11JUN15 24JUN15 1092111207 Drywall One Side High 2nd Fir - Bldg 1 5 25JUN15 01JUL1511) 1092111209 Fire Tape High Walls 2nd Fir - Bldg 1 5 02JUL15 08JUL15 1092111205 Frame Partition Height Walls 2nd Fir - Bldg 1 10 06AUG15 19AUG15 1092111231 Frame Restroom Walls 2nd Fir - Bldg 1 5 27AUG15 02SEP15 1092111213 Frame DW Ceilings & Soffits 2nd Fir - Bldg 1 10 03SEP15 16SEP15 g 9 1092111217 Drywall One Side 2nd Fir -Bldg 1 10 03SEP15 16SEP15 1092111233 Frame Restroom DW Ceilings 2nd Fir - Bldg 1 5 10SEP15 16SEP15 1072111201 Insulate Walls 2nd Fir - Bldg 1 3 17SEP15 21 SEP15 1092111219 Drywall 2nd Side 2nd Fir - Bldg 1 10 22SEP15 050CT15 1092111215 Install Drywall CI s & Soffits 2nd Fir - Bldg 1 10 020CT15 150CT15 9 9 1092111221 Tae & Finish 2nd Fir - Bldg 1 10 160CT15 290CT15 P 9 1095421101 Wood Planking Ceiling System - Bldg 1 6 20OCT15 270CT15 1099001203 Paint Drywall Ceilings/Soffits - Bldg 1 5 30OCT15 05NOV15 Install Interior Window Alum 2nd FIr - Bldg 1 3 30OCT15 03NOV15 1081111201 Install Door Frames 2nd Fir - Bld 1 5 30OCT15 05NOV15 9 1095101201 T -Bar Ceiling Grid 2nd Fir - Bldg 1 2 30OCT15 02NOV15 1099001207 Paint Drywall Walls 2nd Fir - Bldg 1 10 06NOV15 19NOV15 1081111203 Install Doors 2nd Fir - Bldg 1 5 06NOV15 12NOV15 1084311235 Install Glass Interior Window 2nd Fir - Bldg 1 4 11 NOV15 16NOV15 1064101203 Install Millwork & Cabinetry 2nd Fir - Bldg 1 10 20NOV15 03DEC15 1099001201 Paint Restrooms 2nd Fir - Bldg 1 4 20NOV15 25NOV15 1102801201 Install Toilet Part/Access 2nd Fir - Bldg 1 5 03DEC15 09DEC15 1096501201 Install Flooring & Base 2nd Fir - Bldg 1 10 04DEC15 17DEC15 1092112101 Layout 1st Fir- Bldg 2 5 05MAY15 11MAY15LayoutilstlFir-1Bldc 1092112103 Frame Fullheight Walls 1 st Fir - Bldg 2 10 12MAY15 25MAY15 1092112107 Drywall One de h 1st dg 1092112109 Fie Tape High Walls 1st Flrlr Bldg 22 5 02JU 115 08JUN15 1092111103 Frame Fullheight Walls 1 st Fir - Bldg 1 10 04JUN15 17JUN15 1092112117 Drywall One Side 1st Fir - Bldg 2 10 16JUN15 29JUN15 1072112101 Insulate Walls 1st Fir - Bldg 2 3 30JUN15 02JUL15 109211219 Drywall 2nd Side 1st Fir - Bldg 2 10 03JUL15 16JUL15 1092112105 Frame Partition Height Walls 1st Fir - Bldg 2 10 07JUL15 20JUL15 1092112113 Frame DW Ceilings & Soffits 1st Fir - Bldg 2 15 21JUL15 10AUG15 1092112131 Frame Restroom Walls 1st Fir - Bldg 2 10 21JUL15 03AUG15 1092112133 Frame Restroom DW Ceilings 1st Fir - Bldg 2 10 04AUG15 17AUG15 109211215 Install Drywall Cigs & Soffits 1st Fir - Bldg 2 10 020CT15 150CT15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR1423:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 11 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig i EarlyEarly Dur I Start Finish 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY 109211221 Tape & Finish 1 st Flr - Bldg 2 10 160CT15 290CT15 AL Tape & Finish 1st Fir - Bldg 2 Drywall Ceilings/Soffits - Bldg 1 Restroom Ceramic Tile 1st Fir - Bldg 2 Paint Drywall Ceilings/Soffits -Bldg 2 Install Interior Window Alum 1st Fir - Bldg 2 I I I I I I Solid Ipe ori Solid Wood Phone Counter - Bldg 2 T -Bar Ceiling Grid 1st Fir - Bldg 2 Install Door Frames 1st Fir - Bldg 2 Measure Order Interior Window Glass -Bldg 2 RPaint Drywall Walls 1st FIr - Bldg 2 Install Doors 1st Fir - Bldg 2 Install Glass Interior Window 1st Fir - Bldg 2 Paint Restrooms 1st Fir - Bldg 2 ®Install Millwork & Cabinetry 1st Fir - Bldg 2 ®Install Toilet Part/Access 1st Fir- Bldg 2 ®Install Flooring & Base 1st Fir - Bldg 2 11-ayout 2nd Firl - Bldg 2 l T�Drywall One Sid Hilgh 2nd Fir - Bldg 2 EFire Tape High Walls 2nd Fir - Bldg 2 Y 616Frame,s Partition Height Walls 2nd Fir - Bldg 2 One Side 2nd Fir- Bldg 2 l�Insulate Walls, Flr -Bldg 2 ®Drywall 2nd Side 2nd Fir-IBldol2 111111M, Install Drywall Clgs & Soffitsi2nd Fir - Bldg 2 Frame Restroom Walls 2nd) FIr - Bldg 2 fiNFrame DW Ceilings & Soffits 2nd Flr - Bldg 2 I�Tape &Finish 2nd Fir i Bldg 2 Frame Restroom DW Ceilings 2nd) Fir - Bldg 2 Install Interior Window Alum 2nd) Fir - Bldg 2 Paint Drywall Celli n isi Soffits 2nd Fir -IBldg 2 ITCeiling Grid 2nd Fir - Bldg 2 I I I II Install Door Frames 2nd Fir - Bldgl 2 Paint Drywall) Walls 2nd Fir- Bldg 2 ®Install Doors 2nd Fir - Bldg 2 j Milllwolrk & Cabinetry 2nd Fir - Bldg 1 ®InstalllFlooring & Base - Bldg 2 ®Wood Planking Ceiling System - Bldg 2 ®Install Glass Interior Window 2nd Fir - Bldg 2 Restroom Ceramic Tile 2nd Fir - Bldg 2 Paint Restrooms 2nd Fir - Bldg 2 ■Install Toilet Part/Access 2nd Fir - Bldg 2 1099001103 Paint Drywall Ceilings/Soffits - Bldg 1 5 160CT15 220CT15Paint 1093002105 Restroom Ceramic Tile 1 st Fir - Bldg 2 15 230CT15 12NOV15 1099002103 Paint Drywall Ceilings/Soffits - Bldg 2 5 30OCT15 05NOV15 1084312131 Install Interior Window Alum 1 st Fir - Bldg 2 3 30OCT15 03NOV15 1064102101 Solid Ipe or Solid Wood Phone Counter - Bldg 2 2 30OCT15 02NOV15 1095102101 T -Bar Ceiling Grid 1st Fir - Bldg 2 2 30OCT15 02NOV15 1081112101 Install Door Frames 1 st Fir - Bldg 2 5 04NOV15 10NOV15 1084312133 Measure Order Interior Window Glass - Bldg 2 5 04NOV15 10NOV15 1099002107 Paint Drywall Walls 1st Fir - Bldg 2 10 06NOV15 19NOV15 1081112103 Install Doors 1st Fir - Bldg 2 5 11 NOV15 17NOV15 1084312135 Install Glass Interior Window 1 st Fir - Bldg 2 4 11 NOV15 16NOV15 1099002101 Paint Restrooms 1 st Fir - Bldg 2 4 13NOV15 18NOV15 1064102103 Install Millwork & Cabinetry 1st Fir - Bldg 2 15 20NOV15 10DEC15 1102802101 Install Toilet Part/Access 1 st Fir - Bldg 2 5 26NOV15 02DEC15 1096502101 Install Flooring & Base 1 st Fir - Bldg 2 15 11 DEC15 31 DEC15 1092112201 Layout 2nd Fir - Bldg 2 3 12MAY15 14MAY15 1092112203 Frame l r1 1 1092112207 Drywall One S g Side High 2nd Fir Bldg 2 5 02J U 15 08JUN15 1092112209 Fire Tape High Walls 2nd Fir - Bldg 2 5 09JUN15 15JUN15 1092112205 Frame Partition Height Walls 2nd Fir - Bldg 2 10 30JUN15 13JUL15 1092112217 Drywall One Side 2nd Fir - Bldg 2 10 07JUL15 20JUL15Drywall 1072112201 Insulate Walls 2nd Fir - Bldg 2 3 21JUL15 23JUL15 109212219 Drywall 2nd Side 2nd Fir - Bldg 2 10 24JUL15 06AUG15 109212215 Install Drywall Clgs & Soffits 2nd Fir - Bldg 2 10 29JUL15 11AUG15 1092112231 Frame Restroom Walls 2nd Fir - Bldg 2 5 04AUG15 10AUG15 1092112213 Frame DW Ceilings & Soffits 2nd Fir - Bldg 2 10 11 AUG15 24AUG15 109212221 Tape &Finish 2nd Fir -Bldg 2 10 12AUG15 25AUG15 1092112233 Frame Restroom DW Ceilings 2nd Fir - Bldg 2 5 18AUG15 24AUG15 1084312231 Install Interior Window Alum 2nd Fir - Bldg 2 3 26AUG15 28AUG15 1099002203 Paint Drywall Ceilings/Soffits 2nd Fir - Bldg 2 5 26AUG15 01 SEP15 1095102201 T -Bar Ceiling Grid 2nd Fir - Bldg 2 2 26AUG15 27AUG15 1081112201 Install Door Frames 2nd Fir - Bldg 2 5 26AUG15 01 SEP15 1099002207 Paint Drywall Walls 2nd Fir- Bldg 2 10 02SEP15 15SEP15 1081112203 Install Doors 2nd Fir - Bldg 2 5 02SEP15 08SEP15 1064102203 Install Millwork & Cabinetry 2nd FIr - Bldg 1 10 16SEP15 29SEP15Install 1096502201 Install Flooring & Base - Bldg 2 15 30SEP15 20OCT15 1095422101 Wood Planking Ceiling System - Bldg 2 6 280CT15 04NOV15 1084312235 Install Glass Interior Window 2nd Fir - Bldg 2 4 11 NOV15 16NOV15 1093002205 Restroom Ceramic Tile 2nd Fir - Bldg 2 15 13NOV15 03DEC15 1099002201 Paint Restrooms 2nd Fir - Bldg 2 4 04DEC15 09DEC15 1102802201 Install Toilet Part/Access 2nd Fir - Bldg 2 5 17DEC15 23DEC15 Bldg 5 L033000001 Acceptance of Bldg Pad 0 26AUG14 Acceptance of Bldg Pad Survey Building Corners Layout UG Plumbing - Bldg 5 Excavate UG Plumbing Lines - Bldg 5 91nstail Send Bed & Pipe UG Plumbing - Bldg 5 i1rispection UG Plumbing - Bldg 5 DBackfill UG Plumbing - Bldg 5 i�Erect Columns & Moment Frames - Bldg 5 ® Plumb & Weld Columns & Moment Frames - Bldg 5 L3201 01 1 01 Survey Building Corners 1 27AUG14 27AUG14 L220500101 Layout UG Plumbing - Bldg 5 2 28AUG14 29AUG14 L220500103 Excavate UG Plumbing Lines - Bldg 5 7 01SEP14 09SEP14 L220500105 Install Send Bed & Pipe UG Plumbing - Bldg 5 7 10SEP14 18SEP14 L220500107 Inspection UG Plumbing - Bldg 5 2 19SEP14 22SEP14 L220500109 Backfill UG Plumbing - Bldg 5 4 23SEP14 26SEP14 L051200101 Erect Columns & Moment Frames - Bldg 5 6 150CT14 220CT14 L051200107 Plumb & Weld Columns & Moment Frames - Bldg 10 230CT14 05NOV14 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR1423:52 © Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 12 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID Activity Description Orig j Dur Early Start Early Finish 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUGSEP OCT NOV DEC JAN FEB MAR APR MAY AR L051200105 Erect Girders & Beams - Roof - Bldg 5 6, 06NOV14 13NOV14 Erect Girders & Beams - Roof - Bldg 5 Plumb & Weld Girders & Beams - Roof - Bldg 5 ®Erect Beams - Roof - Bldg 5 IiIN,Plumb & Weld Beams - High Roof - Bldg 5 WMetal Decking Roof - Bldg 2 ®Excavate Mat Ftg - Bldg 5 111111�Reinf'g Mat Ftg - Bldg 5 I�Set Column AB/Templates Mat Ftg- Bldg 5 &iI spection UpperMatFtgs - Bldg 5 (Pour Mat Ftg - Bldg 5 L051 200111 Plumb & Weld Girders & Beams - Roof - Bldg 5 10 14NOV14 27NOV14 L051 2001 1 3 Erect Beams - Roof - Bldg 5 5 14NOV14 20NOV14 L051200121 Plumb & Weld Beams - High Roof - Bldg 5 5 28NOV14 04DEC14 L053100103 Metal Decking Roof - Bldg 2 6 28NOV14 05DEC14 L033000111 Excavate Mat Ftg - Bldg 5 5 29SEP14 030CT14 L032000111 Reinf'g Mat Ftg - Bldg 5 5 01 OCT14 070CT14 L033000112 Set Column AB/Templates Mat Ftg- Bldg 5 2 080CT14 090CT14 L032000112 Inspection Upper Mat Ftgs - Bldg 5 1 100CT14 100CT14 L033000113 Pour Mat Ftg - Bldg 5 2 130CT14 140CT14 IScaffold - West Elevation - Bldg 5 Exterior Framing - West Elevation - Bldg 5 NExterior Sheathing - West Elevation - Bldg 5 1IMolsture Barrier - West Elevation - Bldg 5 ®Trim & Lath - West Elevation - Bldg 5 Install StorefrUWindow Alum West Elev - Bldg 5 CGlass @ Storefrt/Window West Elev - Bldg 5 Install Alum/Glass Entrance Drs -Bldg 5 Scat old - South Elevation - Bldg 5 OWExte rior Framing - South iElevationi- Bldg 5 IllExterior Sheathings South Elevation - Bldg 5 Barrier South Elevation - Bldg 5 WTrim & Lath - South Elevation - Bldg 5 Thinset Setting Bed for Wood Plank - Bldg 5 , i Masonry Veneer -Bldg 5 Wood Grained Tile At Stair 1 Tower - Bldg 5 11 1 SlExteirior Wood Planking - Bldg 5 Precast Wall Cap 9 - Bldg 5 .IS; iit Install CW Alum @High Roof- Bldg 5 ■Install Storefrti'Window Alum South Elevv - Bldg 5 IGlss @ Storefrt/Window South Elev -Bldg 5 WInstall Glass @ CW High - Bldg 5 I Exterior Framing - East iElev ation i - Bldg 5 I16Exterior Sheathing - East Elevation - Bldg 5 1Moisture Barrier - East Elevation - Bldg 5 OTrim & Lath - Exterior Elevation - Bldg 5 �Install Storefrt/Window Alum East Elev -Bldg 1 (Glass @ StorefrtWindow East Elev - Bldg 5 - North Elevation - Bldig 5 =�1Exterior Framing - North Elevation - Bldg 5 Ext erior Sheathing - Northi Elevation - Bldg 5 Moisture Barrier - North Elevation - Bldg 5 Trim & Lath -i North Elevation - Bldg 5 & Brown Coat - Bldg 5 Plaster - Bldg 5 NiFinish Coat - Bldg 5 111111MInstalls Metal Panels Roof- Bldg 5 ■l stall Storefrt/Window Alum North Elev - Bldg 5 ®(:stall Alum/Glass Doors 2nd Flr - Bldg 5 ®Glass @ Storefrt[Window North Elev - Bldg 5 ]Roof FlashinV Transitions - Bldg 5 Paint Exterior Roof Areas - Bldg 5 L054000015 Scaffold - West Elevation - Bldg 5 1 05DEC14 05DEC14 L054000113 Exterior Framing - West Elevation - Bldg 5 10 08DEC14 19DEC14 L054000127 Exterior Sheathing - West Elevation - Bldg 5 5 22DEC14 26DEC14 L054000129 Moisture Barrier - West Elevation - Bldg 5 3 29DEC14 31 DEC14 L054000131 Trim & Lath - West Elevation - Bldg 5 5 01JAN15 07JAN15 L0843 1 31 05 Install Storefrt/Window Alum West Elev - Bldg 5 4 24MAR15 27MAR15 L08431 31 1 3 Glass @ Storefrt/Window West Elev - Bldg 5 3 13APR15 15APR15 L084313127 Install Alum/Glass Entrance Drs - Bldg 5 5 16APR15 22APR15 L054000013 Scaffold - South Elevation - Bldg 5 1 08DEC14 08DEC14 L054000111 Exterior Framing - South Elevation - Bldg 5 10 22DEC14 02JAN15 L054000119 Exterior Sheathing - South Elevation - Bldg 5 5 15JAN15 21JAN15 L054000121 Moisture Barrier - South Elevation - Bldg 5 5 22JAN15 28JAN15■+Moisture L054000125 Trim & Lath - South Elevation - Bldg 5 5 29JAN15 04FEB15 L092400107 Thinset Setting Bed for Wood Plank Bldg 5 2 24MAR15 25MAR15 L047000101 Masonry Veneer -Bldg 5 10 24MAR15 06APR15 L093000103 Wood Grained Tile At Stair 1 Tower - Bldg 5 4 26MAR15 31 MAR15 L064215101 Exterior Wood Planking - Bldg 55 01APR15 07APR15 L034500101 Precast Wall Cap - Bldg 5 5 07APR15 13APR15 L08431 31 1 7 Install CW Alum @ High HI h Roof- Bldg 5 7 08APR15 16APR15 L084313103 Install Storefrt/Window Alum South Elev Bldg5 3 08APR15 10APR15 L084313111 Glass @ ISElev - Bldg5 L084313119 Install Glass @ CWHigh Bldg 5 5 08MAY15 14MAY15 L054000101 Exterior Framing - East Elevation - Bldg 5 4 05JAN15 08JAN15 L054000103 Exterior Sheathing - East Elevation - Bldg 5 4 09JAN15 14JAN15 L054000105 Moisture Barrier - East Elevation - Bldg 5 2 20JAN15 21JAN15 L054000107 Trim & Lath - Exterior Elevation - Bldg 5 2 27JAN15 28JAN15 L084313101 Install Storefrt/Window Alum East Elev - Bldg 1 3 13APR15 15APR15 L084313109 Glass @ Storefrt/Window East Elev - Bldg 5 2 30APR15 01 MAY15 L05400017 Scaffold - North Elevation - Bldg 5 1 08JAN15 08JAN15Scaffold L054000123 Exterior Framing - North Elevation - Bldg 5 10 09JAN15 22JAN15 L054000133 Exterior Sheathing North Elevation - Bldg 5 5 23JAN15 29JAN15 9 9 L054000135 Moisture Barrier - North Elevation - Bldg 5 3 30JAN15 03FEB15 L054000137 Trim & Lath - North Elevation - Bldg 5 5 04FEB15 10FEB15 L092400101 Scratch & Brown Coat - Bldg 5 6 11 FEB15 18FEB151'3cratch L092400103 Cure Plaster - Bldg 5 20 19FEB15 18MAR15Cure L092400105 Finish Coat - Bldg 5 3 19MAR15 23MAR15 L07425105 Install Metal Panels Roof- Bldg 5 8 24MAR15 02APR15 L084313107 Install Storefrt/Window Alum North Elev - Bldg 5 3 16APR15 20APR15 L084313129 Install Alum/Glass Doors 2nd Flr - Bldg 5 5 23APR15 29APR15 L08431 31 1 5 Glass @ Storefrt/Window North Elev - Bldg 5 4 05MAY15 08MAY15 L076200109 Roof Flashing At Transitions - Bldg 5 3 04FEB15 06FEB15 L09960103 Paint Exterior Roof Areas - Bldg 5 1 5 24MAR15 30MAR15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11APR14 14APR14 23:52 @ Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 13 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked A proved Activity ID Activity Description Orig 1 Early Dur I Start Early Finish 2014 2015 2016 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY L09960105 Roof Rigid Insulation - Bldg 5 5 31 MAR15 06APR15 Roof Rigid Insulation - Bldg 5 ®TPO Roofing Membrane - Bldg 5 ®Install Sht Mtl Flashg Roof - Bldg 5 L099600107 TPO Roofing Membrane - Bldg 5 10 07APR15 120APR15 L076200107 Install Sht Mtl Flashg Roof - Bldg 5 5 30JAN15 105FEB15 Layout Fire Sprinkler Fir - Bldg 5 Hang FS Mainlines - Bldg 5 ®Ro OH FS Branch Lines - Bldg 5 ®FS Drops DW Clgs & Soffis - Bldg 5 ®FS Drops T-Bar Ceilings - Bldg 5 @Inspection OH MEP DW Clgs - Bldg 5 llnspection Ro MEP Walls - Bldg 5 ®Install Plumbing Fixtures - Bldg 5 IFS Escutcheons Wood Plank Clg - Bldg 1 Layout Overhead Plumbing - Bldgi5 1111111111111IRo OH Plumbing Lines -Bldg 5 I®Ro OH Plumbing RR - Bldg 5 Ro Plumbing Walls - Bldg 5 . Ro Plumbing Walls -Bldg 5 l Layout Overhead HVAC - Bldg 5 III SFC's - Bldg 5 et RH's -i Bldrq 5 Ro Overhead HVAC Ductwork - Bldg 5 BS Selector Boxes - Bldg 5 =Set Flex Ductwork for Diffusers- Bldg 5 11111111111130 Overhead HVAC Ref Piping - Bldg 5 OSet Diffusers DW Cl s- Bldg 5 ®Set Diffusers T-Bar Clgs - Bldg 5 ®Ro Electrical Fullht Walls- Bldg 5 .Install ElectricalPanels-Bldg 5 Layout Electrical- Bldg 5 RO OH Electrical - Bldo 5 ®Ro Electrical Part Ht Walls - Bldg 5 Set Lt Fixt DW Clgs/Soffits - Bldg 5 ®Conduits to Panels - Bldg 5 Set Light Fixtures T-Bar Clgs - Bldg 5 L210501111 Layout Fire Sprinkler Fir - Bldg 5 3 22DEC14 24DEC14 L210501113 Hang FS Mainlines - Bldg 5 10 25DEC14 07JAN15 L210501115 Ro OH FS Branch Lines - Bldg 5 10 19JAN15 30JAN15 L210501117 FS Drops DW Clgs & Soffis - Bldg 5 10 02FEB15 13FEB15 L210501119 FS Drops T-Bar Ceilings - Bldg 5 5 16FEB15 20FEB15 L260501137 Inspection OH MEP DW Clgs - Bldg 5 1 16FEB15 16FEB15 L210501139 Inspection Ro MEP Walls - Bldg 5 1 27FEB15 27FEB15 L220501125 Install Plumbing Fixtures - Bldg 5 5 13APR15 17APR15 L210501129 FS Escutcheons Wood Plank Clg - Bldg 1 2 13APR15 14APR15 L220501111 Layout Overhead Plumbing - Bldg 5 3 22DEC14 24DEC14 L220501113 Ro OH Plumbing Lines - Bldg 5 10 25DEC14 07JAN15 L220501115 Ro OH Plumbing RR - Bldg 5 10 08JAN15 21JAN15 L220501112 Layout Ro Plumbing Walls - Bldg 5 2 04FEB15 05FEB15Layout L220501117 Ro Plumbing Walls - Bldg 5 15 06FEB15 26FEB15 L230501101 Layout Overhead HVAC - Bldg 5 5 15DEC14 19DEC14 L230501103 Set SFC's - Bldg 5 5 22DEC14 26DEC14 L230501105 Set RH's - Bldg 5 5 29DEC14 02JAN15 L230501109 Ro Overhead HVAC Ductwork - Bldg 5 10 05JAN15 16JAN15 L230501107 Set BS Selector Boxes - Bldg 5 2 05JAN15 06JAN15Set L230501111 Set Flex Ductwork for Diffusers- Bldg 5 10 19JAN15 30JAN15 L230501113 Ro Overhead HVAC Ref Piping - Bldg 5 10 19JAN15 30JAN15 L230501115 Set Diffusers DW Clgs- Bldg 5 5 02FEB15 06FEB15 L230501117 Set Diffusers T-Bar Clgs - Bldg 5 5 09FEB15 13FEB15 L230501129 Ro Electrical Fullht Walls- Bldg 5 10 22DEC14 02JAN15 L260501125 Install Electrical Panels- Bldg 5 5 22DEC14 26DEC14 L230501121 Layout Electrical- Bldg 5 5 25DEC14 31 DEC14 L230501123 RO OH Electrical - Bldg 5 10 19JAN15 30JAN15 L260501131 Ro Electrical Part Ht Walls - Bldg 5 10 28JAN15 10FEB15 L260501133 Set Lt Fixt DW Clgs/Soffits - Bldg 5 10 02FEB15 13FEB15 L260501127 Conduits to Panels -Bldg 5 5 02FEB15 06FEB15 L260501135 Set Light Fixtures T-Bar Clgs - Bldg 5 5 16FEB15 20FEB15 L092111101 Layout 1st Fir - Bldg 5 5 08DEC14 12DEC14 V IIIIIILayout, 1 st Fir Bldg 5 ®Frame Fullheight Partitions - Bldg 5 11lDrywaII1 OneiSide High 1st Flr - Bldg 5 ®Fireape High Walls 1st Fir- Bldg 5 I .e Fram Partition Height Walls Bldg 5 Fr ame Restroom Wallis 1st Fir -Bldg 5 Frame DW Ceilings &iSoffits 1st Fir - Bldg 5 Drywall One Side 1 st Fir - Bldg 5 Frame Restroom DW Ceilings 1st Fir - Bldg 5 kinsulate Walls 1st Fir - Bldg 5 ®Drywall 2nd Side 1st Fir - Bldg 5 1111111�lnstall Drywall Clgs & Soffits 1st Fir- Bldg 5 =Tape & Finish 1st Fir - Bldg 5 ®Restroom Ceramic Tile 1st Fir- Bldg 5 Paint Drywall Walls 1st Fir- Bldg 5 - Install Interior Window Alum 1st Fir -Bldg 5 Solid Ipe or Solid Wood Phone Counter - Bldg 5 L092111103 Frame Fullheight Partitions - Bldg 5 5 15DEC14 19DEC14 L092111107 Drywall One Side High 1st Fir - Bldg 5 5 22DEC14 26DEC14 L092111109 Fire Tape High Walls 1st Fir - Bldg 5 5 29DEC14 02JAN15 L092111105 Frame Partition Height Walls Bldg 5 7 19JAN15 27JAN15 L092111131 Frame Restroom Walls 1 st Fir - Bldg 5 28JAN15 03FEB15 5 L092111113 Frame DW Ceilings & Soffits 1st Fir - Bldg 5 5 28JAN15 03FEB15 L092111117 Drywall One Side 1 st Fir - Bldg 5 5 04FEB15 10FEB15 L092111133 Frame Restroom DW Ceilings list Fir - Bldg 5 5 04FEB15 10FEB15 L072111101 Insulate Walls 1 st Ar - Bldg 5 2 11 FEB15 12FEB15 L092111119 Drywall 2nd Side 1st Fir - Bldg 5 5 13FEB15 19FEB15 L092111115 Install Drywall Clgs & Soffits 1st Fir - Bldg 5 5 16FEB15 20FEB15 L092111121 Tape & Finish 1 st Fir - Bldg 5 10 23FE815 06MAR15 L093001105 Restroom Ceramic Tile 1st Flr - Bldg 5 15 02MAR15 20MAR15 L099001107 Paint Drywall Walls 1st Fir - Bldg 5 10 09MAR15 20MAR15 L084311131 Install Interior Window Alum 1st Flr - Bldg 5 3 09MAR15 11 MAR15 L064101101 Solid Ipe or Solid Wood Phone Counter - Bldg 5 2 09MAR15 10MAR15 Start Date Finish Date Data Date Run Date 04APR14 11FEB16 11 APR14 14APR1423:52 0 Primavera Systems, Inc. Early Bar Progress Bar Critical Activity MPNB Sheet 14 of 15 KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 Date Revision Checked Approved Activity ID L095101101 L081111101 L084313133 L081111103 L084311135 L064101103 L093001205 L099001101 L102801101 L109650110 Start Date Finish Date Data Date Run Date Activity Description T -Bar Ceiling Grid 1 st Fir - Bldg 5 Install Door Frames 1st Fir - Bldg 5 Measure Order Interior Window Glass - Bldg 5 Install Doors 1st Fir - Bldg 5 Install Glass Interior Window 1 st Fir - Bldg 5 Install Millwork & Cabinetry 1st Fir - Bldg 5 Restroom Ceramic Tile Bldg 5 Paint Restrooms 1 st Fir - Bldg 5 Install Toilet Part/Access 1st Fir - Bldg 5 Install Flooring & Base - Bldg 5 Orig i Early Dur i Start Early Finish 2 09MAR15 10MAR15 5 12MAR15 18MAR15 5 12MAR15 18MAR15 519MAR15 25MAR15 419MAR15 24MAR15 15 23MAR15 10APR15 15 23MAR15 10APR15 4 23MAR15 26MAR15 5 27MAR15 02APR15 15 13APR15 01 MAY15 04APR14 Early Bar 11 FEB16 11APR14 Progress Bar 14APR14 23:52 Critical Activity KPRS CONSTRUCTION SERVICES, INC. Marina Park - Newport Beach Preliminary Schedule 04/14/14 -Bar Celli ing Grid 1st Fir - Bldg 5 Install Door Frames 1 st Fir - Bldg 5 Measure Order Interior Window Glass - Bldg 5 Install Doors 1st Fir - Bldg 5 MInstalli Glass Interior Window 1st Fir - Bldg 5 Install Millwork & Cabinetry 1 st Fir - Bldg 5 Restroom Ceramic Tile Bldg 5 I1111PaintIRestrooms list Fir - Bldg 5 ®In :all Toilet Part/Access 1st Fir - Bldg 5 ®Install Flooring & Base - Bldg 5 Sheet 15 of 15 - CITY OF 4:1 NEWPORT BEACH oV4. o. City Council Staff Report May 13, 2014 Agenda Item No. 11. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: 949-644-3323 TITLE: Marina Park Project— Building and Site Development (Bid Package 3) —Award of Contract No. 3897-C (CAP09-0070) ABSTRACT: Staff has now received bids for the third of four bid packages for the Marina Park Project — the `Building and Site Development' Bid Package, and is requesting City Council approval to award the contract to KPRS Construction Services, Inc. of Brea, California. RECOMMENDATION: a) Approve the project drawings and specifications; b) Award Contract No. 3897-C (Marina Park Project — 'Building and Site Development') to KPRS Construction Services, Inc. of Brea, California, for the total bid price of $18,748,000, and authorize the Mayor and the City Clerk to execute the contract; c) Establish a contingency of $1,874,800 (ten percent) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 14BA-045 transferring $15,581,000 from the unappropriated Major Facilities Financing Plan Fund to the Marina Park Fund, and appropriating that amount to the Marina Park Project, account 7411-C4002002. FUNDING REQUIREMENTS: There is currently $8,791,800 available in the FY 14 budget in the 7411-C4002002 project, and upon approval of the transfer and appropriation, there will be $24,372,800 available to fund the award of: Building and Site Development construction contract (including 10% contingency allowance); acquisition of the Southern California Edison parcel as approved at the November 26, 2013 Council meeting; future construction of Bid Package 4 — Marina Docks; necessary future utility cabling and connections; and other related anticipated soft costs during construction such as material testing and special inspections. ccount Description 6ccount Number Amount Marina Park 17411-C4002002 $ 24 372 800.00 $ 24,372,800.00 306 Proposed uses are as follows Vendor Puroose Amount KPRS Construction Services, Inc. Construction Contract $ 18,748,000.00 KPRS Construction Services, Inc. Construction Contingency $ 1,874,800.00 SCE Parcel Acquisition Property Acquisition $ 600,000.00 Package 4 Construction Allowance $ 3,000,000.00 Utility Connections and Soft Costs Allowance $ 150.000.00 Total: $ 24,372,800.00 DISCUSSION: The 10 -acre Marina Park Project is located on the bay side of the Balboa Peninsula between 15th Street and 19th Street. This long awaited project includes the construction of a new 23 slip visitor serving marina, 10,500 SF Community Center, 11,000 SF Sailing Center, Children's Themed Playground and Picnic area, two half -court basketball surfaces, a Fitness Circuit, a Cafe/Diner to be operated privately under lease, reconstruction of the 19th Street Public Restroom Facility, frontage beach improvements, 177 on-site parking spaces, and a new privately funded Girl Scout Leadership Center. After many years of planning, design and permitting, the project started construction in December 2013. Due to the complexity and prominently different types of construction operations needed to build this new park facility, the Marina Park project was divided into four general construction plan sets and bid packages. The first bid package, now complete, involved the demolition and removal of the prior mobile home park, site utilities and existing tree relocation. The second bid package, now underway, involves construction of the new marina basin and moving the resulting sand to specific beaches for sand replenishment. The third bid package, which staff is requesting City Council to award tonight, is for the construction of the buildings and park site. The fourth bid package will be awarded in the near future and is for the construction of the new dock facilities in the new marina. As mentioned and discussed further below, staff is now requesting City Council's review and approval to award Contract No. 3897-C - Building and Park Site Development for the Marina Park Project, which generally includes the construction of multiple new buildings, a parking area, fitness and playground amenities, park site and landscaping work, and public street and utility improvements. In November 2013, staff solicited pre -qualification submittal packages from all general contractors interested in possibly bidding on the construction of the Building and Site Development for Marina Park. This pre -qualification evaluation process was used to determine which general contractors possess the required qualifications to successfully complete the proposed work. Of the nineteen (19) pre -qualification submittals received, fourteen (14) general contractors met the necessary qualifications and were invited to submit a bid for the Marina Park — Building and Site Development work. In addition to the City's planned building and park improvements, the Girl Scouts of Orange County (GSOC) expressed a desire to construct a new Girl Scout facility within Marina Park to replace their existing facility on West Balboa Boulevard. On January 14, 2014, City Council approved a Memorandum of Agreement (MOA) with GSOC allowing for their proposed new Girl Scout Leadership Center to possibly be constructed within and as part of the City's Construction Contract for the building and site development work. In accordance with Section 2 of the MOA — "Construction and Contractor Selection", the City would include the GSOC Leadership Center as an alternative bid item (Bid Alternative) within the Building and Site Development bid package. In an effort to provide the best bid for both the City and the GSOC, the agreement also required that the winning bidder be based upon the lowest combined bid (City's Base Project Bid plus GSOC Bid Alternative) if the GSOC accepted their bid and then choose to be included within the City's construction contract; or if for whatever reason the GSOC choose not to accept the Bid Alternative of the lowest combined bidder, they would then construct their facility on their own after the City project was completed. Per the MOA, staff advertised the project stipulating the selection of the lowest responsive and responsible bidder to be based on the lowest bid price based on whether the GSOC Bid Alternative was to be included or not. Given the project's complexity, staff advertised the construction documents for bids on March 8, 2014 for an 307 extended bid period. At 2:00 PM on April 15, 2014, the City Clerk opened and read out the bids for the "Marina Park Project— Building and Site Development" work. Option 1 shown below is ranked according to the lowest responsive and responsible bidder of the combined total should the GSOC decide to accept the Bid Alternative being offered. Option 2 shown below is ranked according to the lowest responsive and responsible bidder of just the project base bid should the GSOC decline the Bid Alternative being offered in Option 1. OPTION 1 - WITH GSOC BID ALTERNATE COMBINED TOTAL 'Stronghold Engineering, Inc. withdrew their bids due to a bid proposal error OPTION 2 - WITHOUT GSOC BID ALTERNATE BIDDER Low KPRS Construction Services, Inc. 2 T.B. Penick & Sons, Inc. 3 Perera Construction & Design, Inc. 4 Morillo Construction, Inc. 5 ProWest Constructors 6 Kemp Bros Construction, Inc. Stronghold Engineering, Inc. TOTAL BID AMOUNT $18,748,000.00 $19,404,916.00 $20,340,000.00 $20,344,000.00 $20,490,000.00 $22,450,000.00 N/A 'Stronghold Engineering, Inc. withdrew their bids due to a bid proposal error. Upon staff review and verification of bids received, staff notified GSOC of the bid results on April 18, 2014, where T. B. Penick & Sons, Inc. (Penick) was the lowest responsive and responsible bidder under Option 1 should they choose to except the Bid Alternative being offered; and KPRS Construction Services, Inc. (KPRS) was the lowest responsive and responsible bidder under Option 2. Based on a series of bid analyses and discussion, the GSOC notified the City on April 25, 2014 that they would exclude themselves from the City's Package 3 construction contract for construction of the building and site improvement for Marina Park and pursue the construction of their proposed facility in accordance with the terms of the Ground Lease by and between the City and GSOC recorded on July 8, 2013. The terms of the Ground Lease require that if the GSOC do not have their facility build as part of the City's construction contract, then they can commence construction on their own after the City Contract is complete and a Notice of Completion has been filed. With the GSOC now having provided the City written notice that they are declining the Bid Alternative and construction of their facility will not be included within the City's Construction Contract, selection of the lowest responsive and responsible bidder is now determined under Option 2 above. Under this Option, the low bid amount is now determined to be submitted by KPRS at $18,748,000.00. This bid is approximately one percent (1 %) higher than the Engineer's Estimate of $18,500,000. The low bidder, KPRS, possesses a California State Contractors License Classification "B" as required by the project specifications. A check of KPRS's and its subcontractors' references indicates satisfactory completion of projects of comparable size and scope, including their recent construction of the City's OASIS Senior Center. Perera Construction & Design, Inc. submitted a bid protest (Attachment E) to the City, dated April 17, 2014, noting an incomplete bid package and Designation of Subcontractors by Penick and KPRS. The Public U BIDDER Base Bid GSOC Alternative BID AMOUNT Low T.B. Penick&Sons, Inc. $19,404,916.00 $3,115,138.00 $22,520,054.00 2 Morillo Construction, Inc. $20,344,000.00 $2,463,000.00 $22,807,000.00 3 Perera Construction & Design, Inc. $20,340,000.00 $2,470,000.00 $22,810,000.00 4 KPRS Construction Services, Inc. $18,748,000.00 $4,085,000.00 $22,833,000.00 5 ProWest Constructors $20,490,000.00 $2,600,000.00 $23,090,000.00 6 Kemp Bros Construction, Inc. $22,450,000.00 $2,200,000.00 $24,650,000.00 Stronghold Engineering, Inc. N/A N/A N/A 'Stronghold Engineering, Inc. withdrew their bids due to a bid proposal error OPTION 2 - WITHOUT GSOC BID ALTERNATE BIDDER Low KPRS Construction Services, Inc. 2 T.B. Penick & Sons, Inc. 3 Perera Construction & Design, Inc. 4 Morillo Construction, Inc. 5 ProWest Constructors 6 Kemp Bros Construction, Inc. Stronghold Engineering, Inc. TOTAL BID AMOUNT $18,748,000.00 $19,404,916.00 $20,340,000.00 $20,344,000.00 $20,490,000.00 $22,450,000.00 N/A 'Stronghold Engineering, Inc. withdrew their bids due to a bid proposal error. Upon staff review and verification of bids received, staff notified GSOC of the bid results on April 18, 2014, where T. B. Penick & Sons, Inc. (Penick) was the lowest responsive and responsible bidder under Option 1 should they choose to except the Bid Alternative being offered; and KPRS Construction Services, Inc. (KPRS) was the lowest responsive and responsible bidder under Option 2. Based on a series of bid analyses and discussion, the GSOC notified the City on April 25, 2014 that they would exclude themselves from the City's Package 3 construction contract for construction of the building and site improvement for Marina Park and pursue the construction of their proposed facility in accordance with the terms of the Ground Lease by and between the City and GSOC recorded on July 8, 2013. The terms of the Ground Lease require that if the GSOC do not have their facility build as part of the City's construction contract, then they can commence construction on their own after the City Contract is complete and a Notice of Completion has been filed. With the GSOC now having provided the City written notice that they are declining the Bid Alternative and construction of their facility will not be included within the City's Construction Contract, selection of the lowest responsive and responsible bidder is now determined under Option 2 above. Under this Option, the low bid amount is now determined to be submitted by KPRS at $18,748,000.00. This bid is approximately one percent (1 %) higher than the Engineer's Estimate of $18,500,000. The low bidder, KPRS, possesses a California State Contractors License Classification "B" as required by the project specifications. A check of KPRS's and its subcontractors' references indicates satisfactory completion of projects of comparable size and scope, including their recent construction of the City's OASIS Senior Center. Perera Construction & Design, Inc. submitted a bid protest (Attachment E) to the City, dated April 17, 2014, noting an incomplete bid package and Designation of Subcontractors by Penick and KPRS. The Public U Works Department and City Attorneys' Office reviewed the bid protest and found the claim to be immaterial as comprehensive bid packages and Designation of Subcontractors over one-half of one percent (0.5%) of the prime contractor's total bid, were received. Penick's and KPRS's submitted their response substantiating their bids, and are included in this report as Attachments F and G, respectively. Staff recommends accepting both Penick and KPRS's bid as responsive. Techno Coatings, Inc., submitted a general bid protest (Attachment H) to the City, dated April 23, 2014, noting that a Steel Structure Painting Council (SSPC) QP -1 and QP -3 certified industrial painting contractor was not included in the Designation of Subcontractors. As this trade is expected to represent less than one-half of one percent (0.5%) of the prime contractor's total bid, Designation was not required, and the claim is therefore without merit. Nevertheless, a SSPC QP -1 and QP -3 certified contractor will be required per project specifications. Staff would also like to advise Council that the GSOC have requested staff look into the possibility of allowing them to hire their own general contractor and construct their Leadership Center concurrently and within the City's construction project limits. This proposed arrangement is occasionally done within private construction projects, but is not typically allowed within public construction projects given the added level of complexity, cooperation and coordination needed to make it run smoothly under the Public Contracting Laws. Should Council desire to try to accommodate the GSOC's request, staff is willing to work with our contractor and the GSOC to hopefully come up with an agreeable arrangement that would not result in foreseeable additional cost incurred or delay to the projects schedule. Pursuant to the contract specifications, the contractor will have 340 consecutive working days to complete the Bid Package 3 construction work. Lastly, staff has included a running summary table of the total Marina Park Budget to date. The all -in estimated total project budget was established at $39,500,000. This cost includes conceptual design and permitting; land acquisition; all soft costs such as project design, geotechnical, testing and inspection, and construction management; hard construction cost for all four bid packages, FF&E; as well as a City Reserve. Upon the award of this Building and Site Development bid package at around the Engineer's Estimate, the actual total cost of the project is projected be under budget at approximately $649,000 if all contingencies and reserve are expended. The project is also on schedule for the estimated park opening of Spring 2016. ENVIRONMENTAL REVIEW: All significant environmental effects for the Marina Park project have been adequately addressed in the previously certified Environmental Impact Report No. (SCH No. 2008051096) ("EIR"). Said EIR also included mitigation, monitoring & reporting program, and statement of overriding considerations, and the City of Newport Beach intends to use said document for this approval. Copies of the previously prepared environmental document are available for public review and inspection at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. 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 Mao Attachment B - Memorandum of Agreement for Construction of the Girl Scout Leadership Center Attachment C - Letter from GSOC excluding the Leadership Center from the Marina Park Package Attachment D - Stronghold Engineering Bid Withdrawal Letter Attachment E - Perera Construction &amp: Design. Inc. Bid Protest Letter (April 17. 2014) 309 Attachment F - T.B. Penick &amp: Sons, Inc. Construction Services, Inc. Response to Perera Bid Protest (April 23, 2014) Attachment G - KPRS Construction Services, Inc. Response to Perera Bid Protest (April 23. 2014) Attachment H - Techno Coatings Bid Protest Letter (April 23. 2014) Attachment I - Budget Summary Attachment J - Budget Amendment 310 NEWPORT CHANNEL BAY AVENUE -SLI W. BALBOA EAN PACIFIC OCEAN FRONT WEST BUILDING & SITE DEVELOPMENT LOCATION MAP D= BOULEVARD SOD N� a NTS LEGEND D MARINA PARK PACKAGE 3 BOUNDARIES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -3897-C 1 5/13/14 ATTACHMENT B MEMORANDUM OF AGREEMENT FOR CONSTRUCTION OF THE GIRL SCOUTS LEADERSHIP CENTER IN MARINA PARK AND PAYMENT REIMBURSEMENT This Agreement is made this 15th day of January, 2014, by and between THE CITY OF NEWPORT BEACH ("CITY"), a California municipal corporation and charter city and THE GIRL SCOUTS OF ORANGE COUNTY ("GSOC"), a California corporation. The City and GSOC may be individually referred to as a "Party" and collectively as the "Parties". RECITALS A. City is the owner of approximately 10.45 acres of property located at 1600 West Balboa Boulevard in the City of Newport Beach, commonly known as Marina Park. The City is pursuing redevelopment of the Marina Park site (the "Marina Park Project") and GSOC is desirous of construction of a new program facility for Girl Scouts on a portion of the City's Marina Park. B. City and GSOC have previously entered into a Ground Lease by and between the City of Newport Beach and Girl Scouts of Orange County recorded on July 8, 2013 in the Official Records of the Orange County Clerk -Recorder as Instrument No. 2013000409086 ("Lease"), which sets forth the obligations of the parties with respect to the Lease by the GSOC of certain "Property' (as defined in the Lease) and the GSOC's design, construction, maintenance and use for a new Girls Scout facility (the "GSOC Project"). C. The Parties are now desirous of planning and coordinating construction activities proposed by both the City and GSOC on the Marina Park site so that the City's Marina Park Project and the GSOC Project can be completed in an efficient and timely manner. City and GSOC desire to provide for and define the duties of the City in assuming construction responsibility of the GSOC Project and to provide for reimbursement payment by the GSOC to the City for the cost of the GSOC Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby mutually agree as follows: 1. DEFINITIONS Unless otherwise defined in the Lease, terms used in this Agreement shall have the meanings herein specified. 1.1 "Actual GSOC Project Cost" means the following costs with respect to the GSOC Project: (a) the actual Construction Costs for the GSOC Project; (b) Proportional share of the City's actual cost of contract services, including, (i) plan check, permit and construction service fees in an amount equal to the sum of costs of any fees for permits, licenses or other necessary governmental approvals and reviews for the A13-0035011.2.14 312 GSOC Project not already paid by GSOC; (ii) any inspection, certifications, construction staking and materials testing, equipment, geotechnical review, and building commissioning necessary for the GSOC Project; and, (iii) insurance and bonds. 1.1.1 GSOC shall be responsible for its own actual costs of professional services related to the Project's design, preparation of Plans for the GSOC Project, incorporation of plans into the City's plans and specifications for Marina Park, any environmental evaluations, any modification or changes to the Plans and GSOC's own actual construction management and administration costs required specifically for the GSOC Project. Additionally, GSOC will be responsible for any and all Furniture, Fixtures and Equipment ("FF&E") cost associated with the GSOC Project. The City will not charge GSOC for normal and expected City Staff time associated with the GSOC Project. 1.2 "Approval(s)" of submittals and other approval and review authorities under the Agreement, means approved by the GSOC Chief Executive Officer ("CEO") or designee whenever GSOC is used and when the City is used it shall mean the City Manager or his designee. 1.3 "City" means the City of Newport Beach, a charter City organized and existing under the laws of the State, and it successors. 1.4 "Completion" means that (a) construction is complete in conformity with this Agreement, the Construction Contract(s) and Plans for the GSOC Project, with all systems (including mechanical, electrical, structural, communication and other systems as applicable) in operating condition and ready for use such that GSOC may utilize the Improvements for their intended purpose; (b) all work required by this Agreement, the Construction Contract(s) and Plans for the GSOC Project, including corrective work and minor deficiencies or incomplete work is complete, as evidenced by a certification by the City and Project architect for the GSOC Project that the GSOC Project has been completed in a good and workmanlike manner and substantially in conformance with approved GSOC Project Plans; (c) a Notice of Completion has been recorded by the City for the GSOC Project; (d) any and all mechanic's and labor liens that have been recorded or stop notices that have been delivered with respect to the GSOC Project or the Contract(s) have been paid, settled, or otherwise extinguished, discharged, released, or waived; (e) a Certificate of Occupancy (C of O) has been issued by the City, and (f) all necessary basic HVAC commissioning needed prior to C of O has been certified as completed by the GSOC Project architect. 1.5 "Director" means the City's Director of Public Works or his designee. 1.6 "FF&E" means furniture, Fixtures and equipment described or otherwise included in the Plans. 1.7 "GSOC Project" means the "Girl Scouts Leadership Center" and the Improvements (as defined in the Lease) which shall include: the building; including mechanical, electrical, structural, communications and all other systems necessary for A13-00350/1.2.14 313 operation including any FF&E as identified in the GSOC Project Plans and Specifications; on-site sidewalks, walls and fences within the Leased Property; landscaping (except for landscaping and supporting irrigation adjacent to the front and easterly and westerly building elevations of the GSOC Project which City agrees to install and maintain in conjunction with the Marina Park Project); water, sewer, gas and electrical utility line connections necessary to serve the Property as defined in the Lease; building equipment and furnishings included in the building plans and specifications and any ancillary and incidental fixtures, structures, and improvements necessary to provide an operational Girl Scouts Leadership Center, as provided for in the Plans hereinafter defined. 1.8 "Notice of Completion" means a notice of completion as described in California Civil Code Section 9204. 1.9 "Plans" means the Design Development Plans or Final Construction Plans (as defined in the Lease), and approved by the City in its proprietary capacity as Lessor pursuant to Article 8 of The Lease. 1.10 "Representative(s)" means the Chief Executive Officer of the GSOC and/or their designee or GSOC's Construction Manager. 2. CONSTRUCTION AND CONTRACTOR SELECTION 2.1 While the GSOC shall design and construct or cause to be constructed the GSOC Project pursuant to the Lease, the Parties have determined that it would likely be more efficient for the GSOC Project and the City's Marina Park project to be constructed concurrently under the administration and contracting authority of the City, subject to the GSOC's reimbursement to the City of the Actual GSOC Project Costs. 2.1.1 GSOC shall identify and provide the Representative(s) to the City who shall be notified of construction meetings and have the authority to make Project related decisions for the GSOC. 2.1.2 City at its sole cost and expense may elect to complete a Pre - Qualification process including prequalification criteria and selection scoring for segments of City's Marina Park project and the GSOC's Project to determine a pre- qualified bidder's list. 2.1.3 GSOC, at its sole cost and expense, shall provide a complete set of Plans and all necessary building permits by the date identified in Section 4.1. 2.1.4 Prior to bid advertisement, the City shall have approved the Plans pursuant to the lease; and the GSOC shall have approved the plans, specification and construction estimate for the GSOC Project. Furthermore, once the City has permitted the GSOC Project Plans, the Parties shall not thereafter modify or add further conditions to the Bid Documents for the GSOC Project without the written consent of the other Party. A13-00350/1.2.14 314 2.1.5 If by the date identified in Section 4.1, the GSOC has submitted a complete set of plans and the necessary building permits are ready to be issued, then the City shall include in the GSOC Project in the Marina Park Construction Bid Documents by identifying the GSOC Project as an independent bid alternative (hereafter, "GSOC Bid Alternative") to the Marina Park Project Construction Bid Documents. The GSOC Bid Alternative format shall be consistent with the bid documents prepared by the City for the Marina Park Project. 2.2 In the event the GSOC Project is included in the Marina Park Construction Bid Documents, then, upon City's receipt of bids for the Marina Park Project, the City shall inform the GSOC in writing of the City's bid analysis and recommendation as to the lowest responsible bidder submitting a bid for the construction of the GSOC Project alternative bid item ("GSOC Bid Alternative") prior to approval by the Newport Beach City Council. GSOC shall have five (5) business days to notify the City in writing that GSOC (i) approves the GSOC Bid Alternative for the Project; and, (ii) if GSOC elects to have City include the GSOC Bid Alternative the City's award for the Marina Park Project. 2.2.1 If GSOC timely notifies the City that it approves the GSOC Bid Alternative and advises the City in writing that they want the GSOC Bid Alternative included in the construction award for Marina Park Project, then the GSOC Bid Alternative will be included in the award for the construction of the Marina Park Project, unless the City rejects all bids. Upon the award of a construction contract for the GSOC Bid Alternative, the City will construct the GSOC Project subject to the reimbursement payment by GSOC of the Actual GSOC Project Cost for the GSOC Project with the power and authority to enter into and administer all contracts, and procure any or all necessary services, including without limitation general contractors, subcontractors, inspectors, and testing firms in compliance with the Plans. 2.2.2 In the event that GSOC does not timely provide written notice required by Section 2.2.1 that it approves the GSOC Bid Alternative or if GSOC fails to elect to have the City include the GSOC Bid Alternative in the City's award for construction of the Marina Park Project, the City will not be required to include the GSOC Bid Alternative in the City's award for construction of the Marina Park Project and may reject all bids received by the City for the GSOC Bid Alternative. Pursuant to the terms of the Lease, GSOC will then have the opportunity to construct the GSOC Project following the City's completion of the Marina Park Project. In this event, the City will deliver possession of a graded pad as contemplated by the Lease subject to the City's right to access the GSOC Property as reasonably necessary during the construction of the Marina Park Project and this Agreement will automatically terminate. 2.3 Unless otherwise agreed to by the City, Contractor selection will be based as follows: 2.3.1 Contractor will be selected by the City in its sole and absolute discretion, and based on the lowest responsive and responsible bidder for the Marina Park Project, plus any separate alternatives for which the City may have options for, A13-00350/1.2.14 315 plus the GSOC Bid Alternative, if applicable. The City expressly reserves the right to reject any and all bids for any reason. 3. CONSTRUCTION OF GSOC PROJECT BY CITY 3.1 General. City shall cause the GSOC Project to be constructed on the Property in accordance with the Plans and this Agreement. GSOC will be responsible for ensuring that all necessary building permits have been obtained and ensuring that the Plans comply with all applicable building codes and construction requirements. 3.1.1 The GSOC's responsibility shall also include, but is not necessarily limited to, providing such necessary things as requisite building permits and the entitlements necessary for the planning, design and engineering of the GSOC Project. 3.1.2 The City's responsibility shall include obtaining all appropriate permits for the Marina Park Project, inspections, grading, installing utility connections, and necessary off-site improvements. Each party shall assume its own costs of design and construction management consultants. 3.1.3 GSOC hereby grants to City, its agents and assigns, a right to enter the Property (as defined in the Lease) for construction, inspection and administration purposes at any time in connection with the construction of the GSOC Project until Completion of the GSOC Project. 3.1.4 During the construction of the GSOC Project, City shall have complete access to the Property and will determine resolution of any and all questions regarding construction of the GSOC Project. City will use reasonable efforts to communicate with the GSOC Representative on issues relating to the GSOC Project. 3.2 Site Preparation. The Property shall be graded and utilities installed in accordance with a Grading Plan prepared by a licensed Civil Engineer and the Plan shall be reviewed and approved by GSOC and City. Approval of said Grading Plan by GSOC and City shall not relieve City of the responsibility for complying with all applicable requirements and permits. 3.2.1 City shall be responsible for delivering the Property in a rough grade condition to GSOC. City shall construct and install all necessary utility lines and/or conduits, including those for sewer, water, gas, telephone, and electricity, underground television to a point on the GSOC building pad where such lines and/or conduits will directly serve the GSOC Project, at which point, GSOC shall be responsible for all costs and installation of the utility lines directly serving the building including any connection fees, service fees, meter installation costs, cabling etc.. 4. CONTRACT MANAGEMENT AND ADMINSTRATION 4.1 Schedule. City has provided the GSOC with the current project schedule which identifies the construction of the Marina Park buildings and park improvement work as "Bid Package 3", which may include the GSOC Project provided the GSOC has A13-00350/1.2.14 316 (1) obtained approval of the Plans from City in its capacity as Lessor and as required by Article 8 of the Lease; and (2) the necessary building permits are ready to be issued by January 17, 2014. GSOC shall diligently work with their design team to complete and have the permits for the GSOC Project Plans ready to be issued and will coordinate with the City so that the City can incorporate the GSOC Projects Plans into the overall Marina Park Bid Package 3 by January 17, 2014. The City will use its good faith effort to work cooperatively with GSOC and its design team to incorporate the GSOC Project Plans into the Marina Park Bid Package 3. Should the GSOC Project plans and specifications not be completed, ready for permit and coordinated into the City Marina Park Bid Package 3 by said date for any reason (unless said due date is extended in writing by the City), the GSOC Project will not be included and constructed as part of the City's Marina Park Project and the GSOC may construct their Project after the completion of the City's Marina Park Project per the terms of the Lease. 4.1.1 If the GSOC Project is included and constructed as part of the City's Marina Park Bid Package 3, the GSOC shall be provided with the awarded construction schedule and any update that occurs throughout the construction of the Marina Park Project. The GSOC may suggest schedule changes or modification to the GSOC Project; however the City shall have sole authority over the management, modification and/or changes to the construction contract and schedule. The cost for any schedule changes, extensions or delays requested by the GSOC shall be the sole responsibility of GSOC. Should any circumstance arise on behalf of the City or its Contractor that result in delays on other portions of the City Marina Park Project, the GSOC Project shall not be responsible for the time delays and any associated cost imposed by the contractor that can result in additional costs to the GSOC Project. The GSOC have no rights to claim damages for any and all project delays associated with either the Marina Park Project or the GSOC Project. 4.2 Submittals and Request for Information ("RFI's) Processing. The GSOC Representative will be responsible for a timely response, review and approval of any contractor submittals and RFI's, including but not limited to product samples, mock ups, shop drawings, that GSOC wishes to review and approve. 4.3 Changes Regarding Surrounding Area or Infrastructure. City agrees to notify GSOC of any changes to the immediate surrounding area or supporting infrastructure that will have an impact on the GSOC Project and will coordinate with the GSOC on any implications to the GSOC Project. 4.4 Contractor Invoices. City shall process all invoices it receives relating to the construction of the GSOC Project and upon timely approval by the Director shall make all required payments to the Contractor based on the amount of construction completed. City shall retain 5% of any invoiced costs for the GSOC Project as contractor retention until Completion of the GSOC Project and retain any additional amounts necessary to secure the release of all stop notices or liens. 4.5 Project Site Visits. During the course of construction, the GSOC's identified construction manager and/or the identified GSOC Representative(s) for the A13-00350/1.2.14 317 GSOC Project shall have full access the GSOC Project site provided they check-in and make arrangements with the Public Works Director or his designee and that proper safety clothing and gear are worn while visiting the construction site. From time to time, and upon prior approval from the Director or his designee, up to four other GSOC adult management members may visit the site provided they wear the necessary safety clothing and gears, and are escorted by the Director or his designee. 4.6 Cost of Completion and City Reimbursement. 4.6.1 GSOC Invoices. GSOC agrees during construction of the GSOC Project to make reimbursement payments to the City within thirty (30) days of GSOC's receipt of a City reimbursement payment request ("GSOC Invoice") commensurate with the portion of the completed construction of the GSOC Project as certified in writing by Director and as recommended by the Project Architect and/or City's Construction Manager. Such reimbursement payments shall be for the GSOC Actual Costs as defined herein. For any progress reimbursement payments by GSOC, City shall provide conditional lien releases or hold back appropriate funds to cover any claims associated with reimbursement payment. Upon Completion of the GSOC Project and prior to occupancy by GSOC, City shall provide a final cost reconciliation for the GSOC Project as approved by the Director, GSOC's Construction Manager and identified GSOC Representatives, all final lien releases, and GSOC shall make a final payment to City upon determination that the GSOC Project has been completed and within thirty (30) calendar days of receipt of the final GSOC invoice. 4.7 Change Orders. City shall bring any changes discovered, necessary or requested during construction as related to the GSOC Project to the attention of the GSOC's Representative, pursuant to Paragraph 2(a), who will, in turn, provide the necessary direction, action, approvals or rejections back to the City in a timely manner, but in no case more than five (5) working days of receipt from City, so that the City can prepare the necessary Directions and Change Orders to the City's Contractor. City shall furnish GSOC's Representative with copies of any change within a reasonable and timely manner for signature approval of any proposed changed condition to the GSOC Plan, Final Construction Plans or GSOC Bid Alternative contract provisions which affect the GSOC Project. 5. WARRANTY PERFORMANCE City shall require that the GSOC be named as a covered dual obligee in the warranty bond or other security covering the construction contract for the GSOC Bid Alternative maintained during the one year period following Completion of the GSOC Project by the City. 6. INSURANCE REQUIREMENTS 6.1 The City shall or shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such Person is engaged to perform construction of the GSOC Bid Alternative to, at all times prior to A13-0035011.2.14 318 Final Acceptance of the Project, maintain and deliver to the City and keep in full force and effect the following minimum insurance policies: 6.1.1 General Liability. General liability insurance which includes, but is not limited to coverage for personal injury, premises and operational liability, losses related to independent contractors, products and completed operations, contractual liability, explosion, collapse, and underground hazards having not less than a combined single limit of $1,000,000.00 6.1.2 Automobile Liability. Automobile liability insurance which includes, but is not limited to owned, non -owned, and hired automobiles, in the amount of not less than a combined single limit of $1,000,000.00 6.1.3 Worker's Compensation. Worker's compensation insurance required by the California Labor Code for all persons employed directly or indirectly by City or any contractor or subcontractor in conjunction with construction of the Project in an amount not less than $1,000,000.00 6.1.4 Builder's Risk. Builder's Risk Property Insurance covering damages to the GSOC Project for "all risk" or special causes of loss with limits equal to 100% of the completed value of the contract with coverage to continue until final acceptance of the GSOC Project by City 6.2 Each policy of insurance shall be issued by an insurer licensed to do business in the State of California by the California Department of Insurance which insurer shall have a Best Rating of Grade A and Class VII or better, provided that the policies of worker's compensation insurance may be issued by insurers with a Best Rating of not less than B- and Class VII or better or such insurance may be provided through the State Compensation Fund. 6.3 Each policy shall bear an endorsement that provides that (a) the GSOC and its appointed Board, officers, agents and employees are additional insured under the policy as to the work being performed on the GSOC Project; (b) that the coverage provided under the policy is primary and no other insurance carried by the GSOC will be called upon to contribute to a loss under the policy; (c) that the coverage shall not be cancelled without 30 days written notice to GSOC. 7. LIENS AND STOP NOTICES City shall notify the GSOC of any stop notice served upon the City related to the GSOC Project and/or Property. 8. COMPLETION OF GIRL SCOUTS LEADERSHP CENTER BY GSOC 8.1 Inspection, Punch List and Substantial Completion. 8.1.1 Inspection and Punch List. City shall complete all buildings, improvements, and facilities for an operational GSOC Project pursuant to this A13-00350/1.2.14 319 Agreement and its subsections above. After construction is concluded, the GSOC Project shall be inspected by all Parties for approval of construction by City, and GSOC. The standards to be applied in approving the GSOC Project's construction shall be as follows: (a) City has constructed the facility substantially in accordance with the Agreement and Plans with all systems (including mechanical, electrical, structural and communications and other applicable systems) in operating condition and ready for use for the intended use; and (b) The work has been completed in a good and workmanlike manner; and (c) The facility complies with applicable government requirements including building codes, regulations, restrictions, permits and approvals from authorities of the appropriate jurisdictions; and (d) To the extent that any contractor, subcontractor or material suppliers have filed liens or claims relating to the GSOC Project, City shall have furnished the GSOC copies of written lien releases and releases for any claims for stop notices, mechanic's liens or rights to payment for labor and materials, pursuant to the form set forth in California Civil Code Sections 8120 et seq. from all contractors, subcontractor's and material suppliers covering the GSOC Project. 8.1.2 Substantial Completion. All Parties shall indicate in writing to City any punch list items which shall be resolved prior to final approval of the GSOC Project and issuance of a Notice of Substantial Completion. After issuance of a Notice of Substantial Completion, the Director and/or Project Architect, as applicable, shall certify to the following: (a) all work required by this Agreement, the Construction Contract(s) and Plans for the GSOC Project, including corrective work and minor deficiencies identified in punch list items or incomplete work is complete; (b) A Certificate of Occupancy has been issued by the City; (c) City shall have furnished to GSOC two sets of equipment instructions, guarantees, and warranties, as are provided by the respective manufacturers, for items installed as part of the City's contract for the GSOC Project. In addition, GSOC shall have certified that all required owner training has been provided by the Contractor for items requiring training for the GSOC Project. (d) All HVAC commissioning has been certified as completed. 8.1.3 Completion. After receiving notification from the GSOC that the GSOC Project has been completed in accordance with Section 8.1, City shall forthwith file with the Orange County Recorder a Notice of Completion, pursuant to provisions of Section 8182 of the California Civil Code, if applicable, which includes the GSOC A13-00350/1.2.14 320 Project. The City shall furnish to the GSOC a duplicate copy of such Notice of Completion showing thereon the date of filing with said County Recorder. Upon passage of the statutory time period for filing of liens without additional liens or stop notices being filed, any previous or new recorded or stop notices that have been delivered with respect to the GSOC Project or the Contract(s) have been paid, settled, or otherwise extinguished, discharged, released, or waived the Project shall be considered to be a Final Completion and City shall be entitled to obtain any remaining reimbursement payments due to it pursuant to the Agreement. 8.2 Latent Defects. Unless otherwise provided by law, the City hereby conveys to GSOC a non-exclusive assignment of its rights and interests under all agreements and/or contracts pursuant to which any work or services were performed by the City's consultants, contractors or other agents or representatives on the GSOC Project to the extent necessary for GSOC to file and maintain a lawsuit or otherwise enforce its rights against any such person or entity under such agreements and/or contracts for defective work or workmanship, it being understood and agreed that such assignment shall apply only to documents and contracts to the extent applicable to the GSOC Project, and to contracts that provide for such non-exclusive assignment by City. In furtherance thereof, the City shall use its best efforts to include provisions in each of such agreements and/or contracts allowing for the assignment of such rights to GSOC. 8.3 Record Drawings. GSOC's Design Consultants and Construction Manager will be responsible for delivery of final "Record Drawings" of the Project. The GSOC shall within sixty (60) days following completion and acceptance of the Project by GSOC, furnish the City with a revised complete set of Mylar reproducible plans, and a CAD electronic set of the Project, "Record Drawings" which are reproducible drawings marked and updated by GSOC's architect during construction showing all changes from the original contract documents. 9. MAINTENANCE OF THE SITE Upon issuance of a notice of completion and satisfaction of all provisions of this Agreement, including complete payment by GSOC to City of the GSOC Project Costs, GSOC may occupy the GSOC Project and commence installation of FF&E not otherwise included in the Plans. 10. INDEMNIFICATION 10.1 GOSC shall indemnify, defend, and hold harmless City, its officers, directors, consultants, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which City, its officers, directors, consultants, agents, and employees may sustain or incur or which may be imposed upon them, or any of them, for injury to or death of persons, or damage to property as a result of, or arising out of, the negligence or willful misconduct of GSOC, its officers, agents and employees, in connection with this Agreement except to the extent caused by the acts or omissions of City. A 13-00350/1.2.14 321 10.2 Likewise, City shall indemnify, defend, and save harmless GSOC its officers, directors, consultants, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which GSOC, its officers, directors, consultants, agents, and employees may sustain or incur, or which may be imposed upon them, or any of them, for injury to or death of persons, or damage to property as a result of, or arising out of, the gross negligence or willful misconduct of City, its officers, agents and employees, in connection with this Agreement, except to the extent caused by the acts or omissions of GSOC. 10.3 The Provisions of this Section shall survive termination of this Agreement. 11. UTILITIES City shall be responsible for and pay, prior to delinquency date, all usage charges for utilities supplied to the Property during construction until a Notice of Completion is issued. Charges for utilities after Completion of the GSOC Project and during the Lease term shall be paid by GSOC in accordance with the Lease. 12. ASSIGNING, SUBLETTING, ARID ENCUMBERING PROHIBITED The rights and obligations of City under this Agreement may not be transferred or assigned by the City unless the written consent of the GSOC is first obtained, which consent GSOC agrees not to unreasonably withhold. However, City shall still remain bound by all the obligations of this Agreement, other than all obligations assumed by City's assigns (which assigns have been previously approved by GSOC pursuant to this Section) and obligations imposed upon issuance of building permits for improvements on the Property. Nothing in this paragraph shall be deemed to prohibit or require GSOC approval of the City entering into any construction management, or construction agreement reasonably necessary for the performance of the City's obligations under this Agreement and the provision of bonds or other security or insurance that guarantees or secures performance of each contractor or subcontractor there under, including without limitation performance bonds, labor and material bonds, or general liability or errors and omissions policies of insurance. If, after award of a construction contract for the GSOC Project, construction on the GSOC Project halts for any continuous period of one hundred eighty (180) days or more, GSOC may notify the City in writing that GSOC wishes to meet and confer with City to discuss whether the delay is such that the GSOC would like to terminate this Agreement. Upon receipt of such notice, the Parties shall agree to meet and confer for a minimum of thirty (30) days, or such longer length of time as may be agreed to in writing by the Parties. During the meet and confer period, the City will provide a mitigation plan setting forth the City's analysis of the construction delay and proposed measures, if any, necessary to recommence construction ("Mitigation Plan"). GSOC shall reasonably review the Mitigation Plan in good faith during the meet and confer period. If after the meet and confer period, the GSOC reasonably believes that there is no reasonable A13-00350/1.2.14 322 foreseeable ability to recommence construction of the GSOC Project in a timely manner, the GSOC shall provide written notice to City of its election to terminate this Agreement. Within thirty (30) days after receipt of the notice, the City and GSOC shall execute written confirmation of the termination of this Agreement. In the event of a termination under this Section 13, the City and GSOC will negotiate in good faith to mutually agree to any refund of money GSOC has paid to the City for Actual GSOC Project Costs and/or any additional obligations of GSOC to reimburse the City. The provisions of this Section 13 do not apply to Force Majeure delays. 14. CITY AUTHORIZATION The City Manager of the City of Newport Beach is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement this Agreement and to administer the City's obligations, responsibilities and duties to be performed under this Agreement. 15. FORCE MAJEURE 15.1 Neither Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes or other labor difficulties, state or federal regulations, or court actions, acts or omissions of the other Party, third party suits, initiatives and referendum. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In addition, in no event shall the time for performance of a monetary obligation, including without GSOC's obligation to make reimbursement payments to City be extended pursuant to this Section. 15.2 If either Party (the "First Party") believes that an extension of time is due to Force Majeure Delay, it shall notify the other Party in writing within thirty (30) calendar days from the date upon which the First Party becomes aware of such Force Majeure Delay describing the Force Majeure Delay, when and how the First Party obtained knowledge thereof, the date the event commenced, the steps the First Party anticipates taking to respond to such Force Majeure Delay and the estimated delay resulting from such Force Majeure Delay and response. The extension for Force Majeure Delay shall be granted or denied in the Second Party's reasonable discretion. If the First Party fails to notify the Second Party in writing of its request for a given Force Majeure Delay within the thirty (30) calendar days specified above, there shall be no extension for such Force Majeure Delay. All time periods under this Agreement may be extended for Force Majeure Delay. 16. GENERAL PROVISIONS 16.1 Time. Time is of the essence as to this Agreement. 16.2 Agreement Organization. The various headings and numbers herein, the A13-00350/1.2.14 323 grouping of provisions of this Agreement into separate sections and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 16.3 Amendment. Any modification of this Agreement must be written and properly executed by both Parties. In the case of the City, amendments must be approved by the City Council. 16.4 Circumstances Which Excuse Performance. If the City hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of nature, restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 16.5 Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 16.6 Waiver of Rights. The failure of City or GSOC to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that City or GSOC may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Agreement thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of this Agreement. 16.7 City as Independent Contractor. In performing under this Agreement it is mutually understood that City is acting as an independent contractor and not an agent of the GSOC. The GSOC shall not have any responsibility for payment to any contractor, subcontractor or material supplier of labor or materials for the Project of City. 16.8 Remedies Limited. City and GSOC acknowledge they would not have entered into this Agreement if either were to be liable for any damages under or with respect to this Agreement. Neither the City nor the GSOC shall have any pecuniary liability under this Agreement for any act or omission of the GSOC or the City. In general, each of the Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, provided, that neither Party shall be liable in damages to the other Party. 16.9 Notices. All written notices pursuant to this Agreement ("Notices") shall be addressed as set forth below or as either party may hereafter designate by Notice and shall be sent registered mail, return receipt requested via the United States Postal Service, or made by personal delivery to each at: A13-00350/1.2.14 324 CITY: City Manager City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA, 92658-8915 With a copy to: Director of Public Works 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658-8915 City Attorney 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658-8915 GSOC: Nancy Nygren Chief Executive Officer Girl Scouts of Orange County 9500 Toledo Way, Suite 100 Irvine, CA 92618 16.9.1 All notices provided for herein shall be deemed effective upon receipt, if personally served or 48 hours after being sent registered mail, return receipt requested postage prepaid via the United States Postal Service. 16.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same agreement. [SIGNATURES ON NEXT PAGE] A13-00350/1.2.14 325 IN WITNESS WHEREOF, the Parties have executed this Agreement the dates written below. APPROVED AS TO FORM: CITY AT��O NEY'S OFFICE Date: �1�? Aaron C. Harp City Attorney ATTEST - Date.. ' Date: /� By: Leilani I. Brown City Clerk A 13-00350/1.2.14 CITY OF NEWPORT BEACH, a California municipal corporation Date: 1.. l(o . 1%4 10 By: Rush N. Hill, II Mayor GSOC: Girl Scouts of America, a California corporation Date: t Ae zz [END OF SIGNATURES] 326 ATTACHMENT C 0 girl scouts of orange county April 25, 2014 Girl $Cedof Orange County Dave Kiff, City Manager 9500 Toledo Way, Suite 100 Cit of Newport Beach Irvine, CA 92618 y p 949.461.8800 100 Civic Center Drive GirlScoutsOC.org P.O. Box 1768 Newport Beach, California 92658-891 Board of Directors Re: Memorandum of Agreement for Construction of the Girl Scouts Officers Leadership Center in Marina Park and Payment Reimbursement Dated Julie Miller -Phipps Board Chair as of January 15, 2014 by and between the City of Newport Beach ("City") and the Girl Scouts of Orange County ("GSOC") (the Becky Bailey -Findley "Memorandum") First Vice Chair Doris Farinacci Ladies and Gentlemen: Second Vice Chair Christine Shingle[on We are in receipt of the City's notice dated April 18, 2014 of the Marina Park Secretary Susan King Package 3-GSOC Bid Alternative Selection by the City of the lowest responsible Treasurer bidder. This letter shall serve as GSOC's notice to the City pursuant to Section 2.2 Nancy Nygren CEO of the Memorandum that GSOC has elected not to approve the GSOC Bid Members at Large Alternative for this project. Accordingly, the City is requested not to include the Danielle Arnerich-Combs Cyd Brandvein GSOC Bid Alternative within the City's Construction Contract for the Marina Park Nimesh Dave Donna Giordano project. Further, GSOC hereby advises the City that, unless an alternative Veronica Gray Said Hilal arrangement can be reached with the City as discussed below, GSOC intends to Molly Jolly Shannon Kennedy pursue the construction of the GSOC Leadership Center following completion of Irene Kinoshita llteosagc etMe the City's Marina Park project in accordance with the Ground Lease by and Christine Scheuneman Marjorie Terrier between the City and Girl Scouts of Orange County recorded on July 8, 2013 in the Nella Webster -O'Grady Jennifer Williams-Peguero Official. Records of the Orange County Clerk -Recorder as Instrument No. Girl Advisory Members 2013000409086. Fiona Hines Afresh Javed Liza Villanueva It is our understanding that although the combined bid for the Project submitted by T.B. Penick and Sons, Inc. was the lowest combined bid, that the bid for the City portion of the Project by KPRS was the lowest responsible bid for the Project excluding the GSOC portion. Accordingly, the City may elect to proceed with the KPRS bid for the City work. In the event the City decides to select a bidder for the Project other than Penick or KPRS for any reason, including the unwillingness or inability of either Penick or KPRS to perform the work, GSOC would appreciate the opportunity to again evaluate the selected bid for the construction of the GSOC portion of the Project. Girl Scouting builds girls of courage, confidence, and character, 327 who make the world a better place. City Manager City of Newport Beach April 23, 2014 Page 2 Lastly, GSOC would like you to consider allowing GSOC to concurrently construct the GSOC Project utilizing a contractor of GSOC's choosing. This would obviously necessitate careful coordination with the City's contractor but we believe this is an opportunity worth exploring. We would appreciate hearing from you at your earliest convenience whether you are open to discussing this alternative. If you should have any questions or need additional information, please feel free to contact me at (949) 461-8810. Very truly yours, 2 Chief Executive Officer cc: Dave Webb, Director of Public Works Leonie Mulvihill, Assistant City Attorney Girl Scouting builds girls of courage, confidence, and character, 328 who make the world abetter place. ATTACHMENT D Lee, Iris From: Beverly Bailey <bb@teamsei.com> Sent: Tuesday, April 15, 2014 5:57 PM To: Lee, Iris Subject: FW: Withdrawl of Bid -Marina Park Project From: Beverly Bailey Sent: Tuesday, April 15, 2014 5:54 PM To: 'ille@newportbeachca.gov'; 'dawebb@newportbeachca.gov' Cc: Scott Bailey; Kamel Khalil Subject: Withdrawl of Bid -Marina Park Project 15 April 2014 Ref: Contract No. 3897-C Att: Iris Lee, P.E. 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Ca. 92658 Dear Ms. Lee Thank you for your phone call. Please accept this notice as a formal request to withdraw our bid on the above referenced project. It is apparent that in the base bid we submitted, we failed to include a significant number. Our actual intended bid was $19,747,227 not $1,794,227. Thank you for your kind consideration towards including our company in the proposal process. We wish your agency much success in this notable project. Sincerely, Beverly Bailey CEO/Pres. Stronghold Engineering Inc. 329 ATTACHMENT E Perera Construction & Design, Inc. Lic. # B-585965 April 17, 2014 Leilani Brown City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92260 RE: Newport Marina Bid # 3897-C Bid protest City Clerk: Perera Construction hereby protest the above referenced bid based on the following conditions: 1. Perera did not receive the apparent low bidders (T. B. Penick and KPRS) complete bid documents that include the following: construction schedule, tree and landscape vendor qualifications and resumes of project staff, which were to be turned in with bid. 2. T. P. Penick omitted asphalt/concrete paving and ceramic tile from the subcontractor's information sheet. These trades were over % of 1%. 3. KPRS omitted fire sprinklers, low voltage systems, asphalt paving, tree relocation, site furnishings, demo, toilet partitions and accessories, precast pavers, reinforcing steel and accessories. These trades were over % of 1%. Please forward your response and information to Scott Sampson We look forward to your response. Sincerely, Scott Sampson Director Business Development 2890 Inland Empire Blvd. Suite 102 Ontario, CA 91764 1 Ph: 909.484.6350 1 Fx: 909.484.3439 1 Acct. Fx: 909.484.0885 330 Headquarters: 15435 Innovation Dr., Ste. 100 San Diego, CA 92128 NONE, 858.558.1800 Free 858.558.1881 New York Office: 31-00 47th Ave., Box # 10 Long Island City, NY 11101 MONL 877-874-8669 rax 866AI4.2636 CA License 185381 NV License 0066467 AZ License ROCZ12989 www.thpenick.com ATTACHMENT F T.B.PENICK NSONSEINC. Califomia • New York April 23, 2014 Leilani Brown City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92260 RE: City Clerk: Newport Marina Bid Response to Bid protest Per Perera Question: 2. "T. P. Penick omitted asphalt/concrete paving and ceramic tile from the subcontractor's information sheet. These trades were over 3h of 1%." T. B. Penick & Sons, Inc. reply: Our Asphalt Concrete Paving cost is not over 2/2 of 1%. Our listed Flooring subcontractor (Picket Fence) will also be performing Ceramic Tile. Sincerely, Fernando Idiaqui Senior Estimator loo•, GENERAL CONSTRUCTION • DESIGN -BUILD + CONSTRUCTION MANAGEMENT 331 ATTACHMENT G KPRS 2850 sa6un Wb T 714 672 0800 irfn@Irplsmc Oma.callorrra97821 F714677087T www.kpfSlwr. April 23, 2014 Leilani Brown City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92260 RE: Newport Marina Bid # 3897-C Bid Protest Response Dear Ms. Brown, In response to the protest letter submitted by Perera Construction, dated April 17, 2014, KPRS offers the following response: 1. Perera did not receive the apparent low bidders (T. B. Penick and KPRS) complete bid documents that include the following: construction schedule, tree and landscape vendor qualifications and resumes of project staff, which were to be turned in with bid. All requested documents in questioned was submitted at time of bid by KPRS. 3. KPRS omitted fire sprinklers, low voltage systems, asphalt paving, tree relocation, site furnishings, demo, toilet partitions and accessories, precast pavers, reinforcing steel and accessories. These trades were over % of I%. The reason for not listing the trades in questioned are as follows: • Fire Sprinkler— Below 1/2 of 1% • Low Voltage — Carried with Electrical (Melsmith) • Asphalt Paving - Below ''% of 1 % • Tree Relocation — Carried with Landscaper (Valley Crest) • Site Furnishings— KPRS will purchase direct • Demo — Carried with Earthwork (Tetra Tech) • Toilet Partition & Accessories — KPRS will purchase direct • Pre -Cast Paver— Below '/2 of 1% • Reinforcing Steel — Carried with Concrete (AG) If you have any other questions or concerns, please feel free to contact me at (714) 364-6616. Sincerely, Chuck Lam Purchasing Manager Cc: Joel Stensby, KPRS Construction Lev Rabinovich, KPRS Construction Paul Kristedja, KPRS Construction KPRS Conntrucllun Swvkn. Inc. Expecia m Innovation Dalraffan 332 ATTACHMENT H City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attention: Subject: Reference: Ms. Lee, April 23, 2014 Iris Lee, Project Manager - Public Works Department Bid Protest Due to Insufficient Contractor Requirements Contract 3897C: Marina Park Package 3 — Building & Site Development On behalf of Techno Coatings, Inc. —a SSPC QP -1 & QP -3 certified industrial painting contractor we are submitting a formal bid protest due to the lack of SSPC QP -1 or QP -3 certified contractor participation as according to the published bid results for the above referenced project. Certifications for qualified painting applicators ensures that the specified project requirements are delivered correctly without the result of costly issues after construction has been completed. These requirements were specified in the contract bidding documents specifically referenced in Section 05 1200 "STEEL FRAMING' (1.04, 1.05, 1.06), and 09 9600 "HIGH PERFORMANCE COATINGS" (1.04, 1.05, 1.06). The SSPC QP requirements were endorsed by Tnemec Company Incorporated —the specified paint manufacturer whom we have worked closely with on such notable jobs as the Anaheim Regional Transportation Intermodal Center (ARTIC) and repainting of the Las Vegas Convention Center among many others. Although it is tempting to forego the contractor requirements, Techno Coatings, Inc. cautions against this. A local example is with the Oasis Senior Center. Techno Coatings worked with ggkworks to develop a corrosion mitigation solution on this project after the non QP contractors involved failed to provide the specified paint system. This error quickly resulted in visible and accelerated corrosion which was estimated to cost over $ 500,000.00 last year to restore the steel and metal works to its original specified condition! For these reasons we find it in the best interests of the City of Newport Beach and taxpayers to evaluate the bid results and strictly enforce the QP Contractor Qualifications requirements. Very Truly Yours, Techno Coatings, Inc. Charles Pham — Project Manager, Field Coating Division / Techno Coatings, Inc. Chris Radovich — Plant Manager, Shop Coating Division / Techno West, Inc. Attachments: Techno Coatings, Inc. SSPC QP -1 & QP -3 Qualifications, Techno West SSPC QP -1 & QP -3 Qualifications, SSPC Certification Quality Program Summary. 1391 ALLEC STREET ANAHEIM. CALIFORNIA 92805(714)635-1130 FAX(714)635-6357 333 SSPC QP Certification identifies companies with industry -standard capabilities and a commitment to exceptional quality. To be QP 1 and QP 3 certified, contractors must demonstrate competence in several key areas: • Management procedures • Quality control • Safety and environmental compliance • Technical capabilities. QP 2 certification requires demonstrated competence in four additional areas: • Management of hazardous paint removal projects • Technical capabilities related to hazardous paint removal • Personnel qualifications and training • Safety and environmental compliance programs. The QP 6 program evaluates the qualifications of contractors to apply thermal spray coatings of aluminum, zinc, and their alloys for corrosion protection of steel and/or zinc anodes on steel reinforced concrete. Companies seeking QP S certification must demonstrate their ability to: • Perform substrate evaluation, repair, and treatment • Conduct surface preparation operations • Install coatings and surfacings over concrete -based substrates • Implement their quality program in the field • Meet the conditions and restrictions specified by the owner. Why do owners need a certified contractor? Today's marketplace and advanced coating systems require owners to be more selective when awarding projects. Including SSPC certification in your selection process can provide you with a valuable tool for identifying contractors with industry - standard capabilities and a commitment to exceptional quality. Hiring an SSPC certified company provides numerous advantages: • Competent contractors • Clear and concise project specifications • Confidence in specifying new technology • Consistent inspection • Safe and reliable project work • Simplifies the work of developing a list of qualified bidders For more Morrrfation, contact: 334 SGP( The Society For Protective Coatings Of Techno Coatings, Inc. Anaheim, CA has met or exceeded the requirements set forth in the SSPC Painting Contractor Certification Program for FIELD APPLICATION OF COATINGS COMPLEX STRUCTURES SSPC-QPI President, SSP March 31, 2014 — March 31, 2015 .................................................................... Validation Period Ott nen arc ad, i,ed to contact SS PC at 412-281 2.931 ext. 2235 or ev 2209 tot crify au thenticit) of certification. 335 0000 go GGPIThe Society For Protective Coatings Of Techno Coatings, Inc. Anaheim, CA has met or exceeded the requirements set forth in the SSPC Painting Contractor Certification Program for tQNTRAcr N C 01 Cj Gp INI)USTRIIAIL HAZARDOUS QPZ FAINT REMOVAII. ..A» ................................. _... ....... ....... ............................................... Category Presideat, SS March 31, 2014 — March 31, 2015 ............................................................... I �h.datioa Period Oe ners are ad, ked to contact SS PC at 412-281-2331 eNt. 2235 or ext.2209 to verify authenticity of certification. 336 GGPIO The Society For Protective 'Coatings �)f Techno West, Inc Anaheim, CA has met or exceeded the regilircments set forth in the SSPC Painting Contractor Certification Program fior SHOP APPLICATION OF PROTECTIVE COATINGS SSPC-QP 3 Enclosed Shop .................... ........... President, SSPC March 31, 2014 — March 31, 2015 .................................................................... I alidation Period Owners are advised to contact SSPC at 412-281-2331 eat. 2233 or ext. 2209 to verify authenticity of certification. 337 516114 MARINA PARK MASTER BUDGET City of Newport Beach ATTACHMENT 338 TASK DESCRIPTION BUDGETED DETAIL COST BUDGETED TOTAL ACTUAL DETAIL COST ACTUAL TOTAL COMMENTS 1 CONCEPTUAL DESIGNIPERMITTING $ 1,680,441 $ 1,680,441 Complete 2 LAND ACQUISITION $ 600,000 $ 600,000 In Process - A mement approved by Council 3 SOFT COSTS $ 5,035,156 $ 5,035,156 Still Includes $271,547 Design Contingency 4 HARD COSTS $ 29,543,281 $ 28,894,658 Still Includes $2,598,508 Construction Contingency a b c d e f PACKAGE 1: Demolition and Tree Relocation Original Contract Remainder of 10% Contingency (Began with $40,513) Change Order No. 1 PACKAGE 2: Marina Basin Construction Original Contract Remainder of 10% Contingency (Began with $457,608) Change Order No. 1 PACKAGE 3: Community Center and Park Original Contract Remainder of 10% Contingency (Begin with $1,874,800) PACKAGE 4: Docks Original Contract Remainder of 10% Contingency (Begin with $266,100) PREVAILING WAGE CONTINGENCY- COURSE OF CONSTRUCTION $ 410,471 $ 3,671,724 $ 17,421,081 $ 2,217,741 $ 3,883,764 $ 1,938,500 $ 405,130 $ - $ (67,516) $ 4,576,079 $ 457,608 $ (26,543) $ 18,748,000 $ 1,874,800 $ 2,661,000 $ 266,100 Incl Unlimited Environmental Inc. None Used in Contract Credit for Mobile Homes The Dutra Group Contingency Remaining Deletion of Deadman Support KPRS Construction Services Inc. Contingency Remaining Includes roughly 90k in dock FF&E Contingency Remaining Now Included in Actual Direct Costs 5 FIXTURES, FURNISHINGS, & EQUIPMENT FF&E $ 560,000 $ 560,000 6 CITY RESERVE $ 2,081,099 $ 2,081,000 PROJECT TOTAL $ 39,500,000 $ 38,851,255 338