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C-6013 - Multiple Buildings Painting Project Contract
November 10, 2016 Tony Painting, Inc. Attn: Ante Marijanovic 7291 Garden Grove Boulevard, Suite A Garden Grove, CA 92841 Subject: Multiple Buildings Painting Project - C-6013 Dear Tony Painting, Inc.: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On November 10, 2015, 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 November 20, 2015 Reference No. 2015000597508. The Surety for the contract is Developers Surety and Indemnity Company and the bond number is 703764P. Enclosed is the Faithful Performance Bond. Sincere /'\-I I {{{ K4' � Leilani I. Brown, MMC City Clerk Enclosure BOND #: 703764P PREMIUM: $3,873.00 PREWW4 IS FOR CON':"ASTTERM EXHIBIT B RN O :S su R e.:I TO r,L 111 11 N ENT R":SiO 0?1 FINAL COM R:1Ci PRICE CITY OF NEWPORT BEACH BOND NO. 703764P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,873.00 , being at the rate of $ 25.00 FOR THE FIRST $100,000.00 AND thousand of the Contract price. $ 15.00 FOR THE NEXT $400,000.00 PER WHEREAS, the City of Newport Beach, State of California, has awarded to TONY PAINTING hereinafter designated as the "Principal," a contract for work, a majority of which consists of making incidental interior drywall repairs and painting building interiors and exteriors (the "Project" or "Work"). The buildings where Work is to. be performed are as follows and shall be performed 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. 1. Cliff Drive Park Community Center (301 Riverside Avenue); 2. Newport Theatre Arts Center (2501 Cliff Drive); 3. Newport Pier Restrooms (72 McFadden Place); 4. 58th Street Restrooms (58th Street at Seashore Drive); 5. Orange Street Restrooms (Orange Street at Seashore Drive); 6. Channel Place Park Restrooms (Channel Place at River Avenue); 7. Eastbluff Park Restrooms (Vista Del Oro at Hacienda); 8. Bob Henry Park Restrooms (Dover Drive at Castaways Lane); 9. Buck Gully Restrooms (Little Corona Beach below Ocean Blvd / Poppy Avenue); 10. Irvine Terrace Park Restrooms (Seadrift Drive); 11. Corona Del Mar State Beach Restrooms (Corona Dei Mar State Beach); 12. Port Westboume Place Restrooms (Port Westboume PI at Port Bartmouth PI); 13. Port Camey Place Restrooms (Port Camey Place at Port Bishop Place); 14. Grant Howald Park Restrooms (5th Avenue at Goldenrod Avenue); 15. Arroyo Park Restrooms (Residencia); 16. Fire Station No. 3 (868 Santa Barbara Drive); 17. Fire Station No. 8 (6502 Ridge Park Road); 18. Police Facility (870 Santa Barbara Drive); and 19. Newport Coast Community Center (6401 San Joaquin Hills Road). 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 DEVELOPERS SURETY AND INDEMNITY COMP transact business under the "Surety"), are held and firmly ONE HUNDRED NINETY* Dollars States of America, said sum I aws of the State of California bound unto the City of Newport _, duly authorized to as Surety (hereinafter Beach, in the sum of ( 191,500.00 ) lawful money of the United beina eaual to 100% of the estimated amount of the 'ONE THOUSAND AND FIVE HUNDRED AND NOMOOTHS DOLLARS Page B-1 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. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17TH day of'I Z. aPRIL Q20115 . TONY PAINTING C/ Name of Contractor (Principal) Auth r S gnatu9 /Title N1E MfF121J,q�JDYIC / pf2�1fx1�' DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety Aulhorized Agen����tSlggnature p7� 17771 COWAN SUITE 100, IRVINE, CA 92614 SHILO LEE LOSINCr#[ BO-- E&AS TO FORM Address of Surety Print Name and Title 800-782-1546 Telephone NOTARYACKNOWLEDGMENTS OiIClty AttomeY (AM osia.ar CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )88. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 120 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Stephanie Hope Shear, Shilo Lee Losino, jointly or severally``* as their true and lawful Anomey(s}in-Fact, to make, execute, deliver and acknowledge, for and cin behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Anomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full Power of substitution and revocation, and all of the acts of said Atorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Charman of the Board, the President, Executive Vlce-President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authodzed to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of te It corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corperations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which itis attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their re`spe�cfi/veoffice�rs and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By: AND jN'''• PANV Daniel Young, Senior Vise -President .*J��`'VY dR 1W GOA OAt ,840 OCTgr�;4/i? h�=GO�{POR.yItP By: ia: f0 n g OCT.S O T 'so 1936 :o< W 1967 Mark Landon, Vice -President o n s 2 ra notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the trufhfidnens . ,..r:.u... ,... .______. State of California County of Orange On January 29 2015 before me, Lucille Ra mond Nota Public om Noce InsM Nem and nm come afita personally appeared Daniel Youn and Mark Landon Name(g of 3gnr(a) LUCILLE RAYMOND Commission • 2001945 _ Notary Public • California Orange County M Comm. Ires Oct 13.201A + Place Notary Seal Above who proved to me on 0e basis of satisfactory evidence b be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that helsherthey executed the same in hislhentheir authorized capadty(iss), and that by hislheritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the peisan(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / 4 /) G" Signature �/�Jj(J�G�C�. J(J�/JL LucillA R"ond, Notary Public CERTIFICATE V The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards ofDirectors of said corporations set forth in the Power of Attm oey are in force as of the date of this Cedificste. This Certificate is executed in the City of Irvine, California, this day of APR 1 e23J Cazsie Joltfirlsfoi d, Assistant Se tary 10-1380(RevOU15) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of On APR 17 2035 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personalty appeared SHILO LEE LOSINO Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHIRLEY GIGGLES CommissWn • 1967675 iNotary Public - California Signet Los Angeles County Signa o vblic ONIg Comm. Ex ires Se 7 2016 J Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNatary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ORANGE On 1"1/fY 1 i(i s before me, MARIA A. VRANJES, NOTARY PUBLIC (Hae inert name and title of the officer) personally appeared A'kIff H (, &/j(/ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the perwo(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA A. VRANJES; WITNESS my hand and official seal. U COMM- #2002365 NOTARY PUBLIC - CALIFORNIAW ORANGE COUNTY A COMM. EXPIRES DEC. 29, 2016 Signal=ofN Pulilic (Notary seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached docmnent continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vemion CAPAv12,10.07800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Arty acMo�rlerlgment completed in California mast contain verbiage exactly as appears abate in the nosy secaon or a separate acknaakdgment form mast be properly complaied and attached to that document. Ike only exception Is V a document is to be rec--orded outride of Caitfor da In such mm aces, any alternative acknowledgment verbtage as may be printed on such a docmnem so long as the verbiage does not require the notary to do something that is illegal for a rotary in Caftforma (i. e. cerrifytag the aurhorized capacity of the .signer). Please check the document cmefuAy far proper notmial wording acrd attach dds form ifrequired. • Shoe and County information must be the State and County where the document signers) personally appeared before the notary public for w*nowledgttem. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must prim his or her name as it appears within his or her commission followed by a comma and them your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off inmffect forms (i.e. Wshelthw,- is /tae) or circling the correct forms. Failure to correctly indicate this information may lead to relation of document recordiag • The notary seal impression must be clear and photogtaplucally reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a suffaem area permits, otherwise complete a different acknowledgment form. • Signatme of the notary public must match the signature on file with the office of the county clerk 4 Additional information is no required but could help to ensure this acknowledgment is not misused or attached to a different document. O Indicate title or type of atmchad document, number ofpages and date. . 9 Indicate the capacity claimed by the signer If the claimed capacity is a corporate officey indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC January 27, 2016 Tony Painting, Inc. Attn: Ante Marijanovic 7291 Garden Grove Boulevard, Suite A Garden Grove, CA 92841 Subject: Multiple Buildings Painting Project - C-6013 Dear Tony Painting, Inc.: On November 10, 2015, 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 November 20, 2015, Reference No. 2015000597508. The Surety for the bond is Developers Surety and Indemnity Company and the bond number is 703764P. Enclosed is the Labor & Materials Payment Bond. Sincerely,, 41%, / Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 9 www.newportbeachca.gov BOND #: 703764P PREMIUM: INCLUDED EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 703764P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to TONY PAINTING hereinafter designated as the "Principal," a contract for work, a majority of which consists of making incidental interior drywall repairs and painting building interiors and exteriors (the "Project" or "Work"). The buildings where Work Is to be performed are as follows and shall be performed 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. 1. Cliff Drive Park Community Center (301 Riverside Avenue); 2. Newport Theatre Arts Center (2501 Cliff Drive); 3. Newport Pier Restrooms (72 McFadden Place); 4. 58th Street Restrooms (58th Street at Seashore Drive); 5. Orange Street Restrooms (Orange Street at Seashore Drive); 6. Channel Place Park Restrooms (Channel Place at River Avenue); 7. Eastbluff Park Restrooms (Vista Del Oro at Hacienda); 8. Bob Henry Park Restrooms (Dover Drive at Castaways Lane); 9. Buck Gully Restrooms (Little Corona Beach below Ocean Blvd I Poppy Avenue); 10. Irvine Terrace Park Restrooms (Seadrift Drive); 11. Corona Del Mar State Beach Restrooms (Corona Del Mar State Beach); 12. Port Westbourne Place Restrooms (Port Westboume PI at Port Bartmouth PI); 13. Port Camey Place Restrooms (Port Camey Place at Port Bishop Place); 14. Grant Howald Park Restrooms (5th Avenue at Goldenrod Avenue); 15. Arroyo Park Restrooms (Residencia); 16. Fire Station No. 3 (868 Santa Barbara Drive); 17. Fire Station No. 8 (6502 Ridge Park Road); 18. Police Facility (870 Santa Barbara Drive); and 19. Newport Coast Community Center (6401 San Joaquin Hills Road). 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, DEVELOPERS SURETY AND INDEMNITY 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 ONE HUNDRED NINETY" Dollars ( 191 500.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by 'ONE THOUSAND FIVE HUNDRED AND NO/100THS DOLLARS Page A-1 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 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 17TH TONY PAINTING Name of Contractor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety -60 17771 COWAN SUITE 100, IRVINE CA 2614 SHILO LEE LOSING P N'JEY-Ir N FAGS TO FORM: Address of Surety Print Name an 'e , A 800-762-1546 19 Atto ey Telephone NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document (seal) State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS thatexcept as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, Constitute and appoint: —Stephanie Hope Shear, Shilo Lee Losino, jointly or severally— as their true and lawful Attorneys}in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-h-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said ABorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of Mem hereby is, authorized to execute this Power of Attorney, qualifying the allomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution or any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally mused these presents to be signed by their respective officers and sheeted by their respective Secretary or Assistant Seoretary this January 29, 2015. w•.., BY ` I ,'..04 AND jNb„ no,,PA� NDaniel Young,SeniorVise-president g'JQ. R40rfgl�Fq." �S.G 01DTBy =�= 1976 •wark Lansdon, Vice -President 4;?0 :,'�4a 0 lrc or other officer completing this certificate verifies only the Identity of the individual who signed the which this certificate is attached and not the truthfulness, accuracy, or validity of than dnrn,..00r State of California County of Orange On _ Janus 29 2015 before me, 0.Lucille Ra mond Nota Public personally appeared Hare Ih.W Name end fab oltlre OR�cer Daniel Youn and Mark Lansdon Nnmeh) cur sigw(e) LWIkAoemLL E RAYMOND CommhatWn n ZOO1945 40 Notary PlAbhe • C&INornl6 Orange CCumy QE My Comm. res 01113.2010 Place Notary Seal Above who proved to me an the basis of satisfactory evidence to be the pefson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in histhedtheir authorized capacity(ies), and that by hisiherltheir signature(s) on the instrument the person(s), or the entity, upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws or the State of California that the foregoing paragraph is [we and correct. WITNESS my hand and official seal. Signature J(Jll l it Lucillymond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full face and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Caflfomis, this day of APR 17 2015 By: Cassie J. misfoM, Assistant Se Lary ID-1380(Rev01115) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo is ) County of � ) On A R 17 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared SHILO LEE LOSING Plame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 5HIRLEY GIGGLES commission • 1987675 A9Notary Public - CeOfornie I Los Angeles CoumY T my Comm. Expires Se 7, 2016 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 se . Signatu Signa" No b rc Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ORANGE On rw l 2D 15' before me, MARIA A. VRANdES NOTARY PUBLIC (Here insert name and title of the officer) t :Dr'::• �:: t11 i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -------------- r MARIA A. VRANJES; WITNESS my hand and official seal. 0 COMM. # 2002365 a NOTARYPUBUC•CAUFORNIA® i ORANGE COUNTY O � COMM. EXPIRES DEC. 29, 2016 � SignahueofNavy (Notary Seal) ❑ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide ar dDscnphon of Mtedwd document) (71tle of desenption of MmW decmnent eominued) Number of Pages _ Document Date (AddmonM mf..h.) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (rifle) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trust*s) ❑ Other 2rRIR Vnrc:... r• a oe ... n . n n. •,.....� INSTRUCTIONS FOR COMPLETING THIS FORM Any acMo'vledgnrxnt completed in Calfornia arm contain verbiage erectly as appears obove In the notary section or a separate ackmnkdgment form tnast be property congdeaed and attached to that docmn nu The only acception is if a datvaam U la be recorded oufslde OfCaWmht In such ntilances, any ahermaive arinOwledginm verbiage as may be printed on such a dodesm so long as the verbiage does mil require the nolary to do somedhtg dun is dkgal for a rmttay in Cahfaxlu (ie. cer*wT the amhorieed capacity of the signer). Please check the docanreat —Aahyforpropermwwl wo,&Wand attach this form tfrequired • State and County infommfion must be the State and County where the document sigmer(s) personally appeared before the notary public for acknowledgmem. • Date of notarization must be the dnte that the signer(s) personally appeared which must also be the same date the ackraiwledguent is completed • The notary public mus[ prim his in her name as it appears within his or her commission followed by a comma and Men your title (uramy public). • Print the Daniels) of document signer(s) who personally appear m the time of notarization. • Indicate the coned sin&" or plural forms by crossing off incorrect forms lis. kdsheMwj;, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The nearly seal impression roust beclear and photographically reproducible. lnipressfon must not cover teat or I'm If seal impression smudges, re -seal if a suffcielt area permits, otherwise complete a differem acknowledgment form. • Signature of the tromry public must match the signature on file with the office of the coaly clerk 6 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. f Indicate title or type of ateched document, number of pages and date. 6 Indicate the capacity Claimed by the signer. If the claimed capacity is a corporate Officer, indicate the title (i.e. CEO, CFO, Secretary). • securely attach this domunesrt to the sigmed document RECORDING REQUESTED BY AN - WHEN RECORDED RETURN TO: - City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 CF1\/F[�,) Recorded in Official Records, orange County REE H4* ft n, Clerk -Recorder ,JJJJJ�'!!1111111111111' ]III '1'' NO FEE II,lilt JJIJ llli ,IIJ 11111111!,,ISI !ll i* $ R 0 0 0 7 9 7 7 7 47$ y .2;15000597508 8:08 am 11/20/15 82 41"t -N12 1 0.00 0.00 0.00 0.09 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 Newport Beach, California, 92660, as Owner, and Tony Painting, Inc California, as Contractor, entered into a Contract on April 21, 2015. forth certain improvements, as follows: Multiple Buildings Painting Project - C-6013 Civic Center Drive, of Garden Grove, Said Contract set Work on said Contract was completed, and was found to be acceptable on November 10, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity CompanV. � 1 BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on / !if/ at Newport Beach, California. CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC November 12, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Back Bay View Park Maintenance - Contract No. 5892 • Multiple Building Painting Project - Contract No. 6013 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincer ly, Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Tony Painting, Inc. of Garden Grove, California, as Contractor, entered into a Contract on April 21, 2015. Said Contract set forth certain improvements, as follows: Multiple Buildings Painting Project - C-6013 Work on said Contract was completed, and was found to be acceptable on November 10, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �n �� liU at Newport Beach, California. M CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 4th day of March , 2015, at which time such bids shall be opened and read for MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 $ 350,000.00 Engineer's Estimate Approved by ark Vukojevic City Engineer RIO "W T -1111V DATE: February 24, 2015 TIME AND PLACE: 9:00 AM at Newport Theatre Arts Center (2501 Cliff Drive) TIME AND PLACE: 9:45 AM at Police Facility (870 Santa Barbara Drive) TIME AND PLACE: 10:30 AM at Fire Station No. 3 (868 Santa Barbara Drive) TIME AND PLACE: 11:30 AM at Fire Station No. 8 (6502 Ridge Park Road) This will be the only opportunity for contractors interested in bidding the work to access the building interiors to take inventory of the required work. Prospective bidders may obtain Bid Documents, Project Specifications from Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "B" or "C-33" For further information, call Fong Tse, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.goV CLICK: Online Services / Bidding & Bid Results City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NONCOLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA... ........................................................... ..... _ 17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ........... ........ ....... ....... ............ EXHIBIT -A FAITHFUL PERFORMANCE BOND ... .............. ............... ....... .................... EXHIBIT -B INSURANCE REQUIREMENTS................................................................. EXHIBIT -C PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 Contract No. 6013 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. in the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. 32016H C-33 Contractor's License No. & Classification 1000001496 - 6/3o12D15 DIR Reference Number & Expiration Date TM ?4INTIN6 Bidder �c �r Authorized Signalurertitle 313 I 2015 Date 2 CRY of New cert Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the Ci of Newport Beach, a charter city, in the principal surd of TEN PERCENT OF GREATEST AMOUNT BID Dollars ($ 10% G.A.B. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MULTIPLE BUILDINGS PAINTING PROJECT, Contract No. 6013 in the City of Newport Beach, is aorepted by the City, Council of t!�e City of Newport BeaGi1 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 mall and void. If the undersigned Principal executing this Bond is executing this Bond as an i.tdividual, it is agreed that the death of any such Principal shall not exonerate the .surety fror11 its obligations under this Bond. Witness our hands this 25TH day of 14 FEBRUARY 2015. TONY PAINTING Name of Contractor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 17771 COWAN SUITE 100 IRVINE, CA 92614 Address of Surety 800-782-1546 Telephone L— `c — SignatuteRitle Agent Signature SHILO LEE LOSINO, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) F1 ACKNOWLEDGMENT v Yvs.e Yv eeepe... a ............. as ... now ............. an... vtl••vvWbavvbtlevvetiveeep State of California County of 3 ss. On before me, Public, personally appeared Notary Subscribed to the within instrument and acknowledged tuju o me that he%s a/they execwriose uted d the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature scAh vev .............. Yb .................. go veevY......... YY ase ptl vve eY.... YY eve..... 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 Other. M Thumbprint of Signer in Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ....•tl................... Bob ........ Mumb............ a.... Now.................. State of California County of ss. On before me, Public, personally appeared Notary ,wnv proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature se:7h womb ................. ........................ ....N ........ ...tltl......... OPTIONAL INFORMATION Date of Dooument Type or Title of Document Number of Pages in pooument 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 i Vice -President / Secretary / Treasurer —Other Other 7 Thumbprint of Signer ❑ Check here If no thumbprint or fingerprint is avallabla, POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint 'Stephanie Hope Shear, Shilo Lee Losino, jointly or severally— as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact TO power and authority to do and to perform every act necessary, requisite a proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Aftorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers offiic`e-rssaa)nd attested by their respective Secretary or Assistant Secretary this January 29, 2015. By: �____--�" / .�q �AND...%k", no, Daniel Young, Senior Vice -President :�`�•,GORPeR4li,:;y,':L T09ID By: =b>:e 1936 so. Mark Landon, vice -President S�.f;v._ m,arn ='.ate= A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Januarv29, 2015 before me, Lucille Raymond Notary Public Date Here Insert Name and TN With. efr.r personally appeared Daniel Young and Mark Lansdon Name(s) of Sgnegs) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized raw capacity(ies), and that by his/herdheir signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the persons) acted, executed the instrument. Commission Is 208/945 a +_ Notary Public - CslNornle I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange Countytrue and correct. 4 Comm. Ires Oct 13 2018+ WITNESS my hand and official seal. Place Notary Seal Above Signature Luclltoytihmd, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of FEB 2 5 2015 Cassie J. hi istord, Assistant Se(ptary ID-1380(Rev.01(15) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On FEB 2 5 2015 before me, Date personally appeared JAN MICHELLE RIVERA, NOTARY PUBLIC Here Insert Name and Title of the Officer SHILO LEE LOSINO Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •• JAN MICHELLE RIVERA Commission # 1939902 Z ..m Notary Public - California D Z Los Angeles County My Comm. Expires Jul 3, 2015 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Signature seal. of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Li Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): 1-1 Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 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: 14 - Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address Moll ►�� 1 � •.- n t r A thorized 819nat e/Title City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number GITy OF CORONA Project Description CORROS100 CANTKOL PAIt,MNG $E!RVIMS Approximate Construction Dates: From -'411 2013 To: 6' 30 / 7-014 Agency Name CI [y OF CORONA Contact Person KEVIN iMtot.6 Telephone (q5!) 311-0691 Original Contract Amount $$00000 Final Contract Amount $. T001000 If final amount is different from original, please explain (change orders, extra work, etc.) W Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. M 0 No. 2 Project Name/Number CM Of CORONA Project Description CARROSIoN CA ML- AWB fA1NTiN6 St;tt.VIM, Approximate Construction Dates: From11' 2.012 To: 6130 2013 Agency Name OW1 Of GORAW A Contact Person KEVIN MM Telephone(g51) 341- 0541 Original Contract Amount $ 500000 Final Contract Amount $ 600,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number O&V444 EbUCA-noW GOMft.EX Project Description 1;X'fMOOL PAMIN6 Approximate Construction Dates: From 6f 2014 To: R1201 2ply Agency Name SAN 91660 UNIFIED &tMOOL DIMCT Contact Person SHANNON 1004 Telephone (05$) 3S} _ 65'02. Original Contract Amount $22�Final Contract Amount $ 22+000' If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 .TMW Project Name/Number MADISON HIGH SC}{OOL Project Description FXTERIOR F4IW11WG Approximate Construction Dates: From 31 2.014 To: GJ2014 Agency Name SAN DIEGO UNIFIED XKOI DIMCF Contact Person MANNOI.I 10VNG Telephone (@%) 35-f, 6502 Original Contract Amount $225000 Final Contract Amount $ 22510000 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number IC6iLN- SOUTH RIGH SCHOOL. Project Description EXTMOR, ?AINTING Approximate Construction Dates: From If ZO I3 To: 41 2013 Agency Name KERN HIGH SCHOOL DISTRACT Contact Person GREG WAKEN Telephone(Gbl) JZT-33x2 Original Contract Amount $4gt_Final Contract Amount $ 4q l t 000 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number R " Ph "" GOMPRS M1DDIk SC4JODt- Project Description WMtoR- PAINTImG Approximate Construction Dates: From 312014 To: 6'2014 Agency Name SAN DIEGO UIJIFIEb Sc-HooL DISTVACT Contact Person SKANWDW YOUNG Telephone (850) 351. 6502- Original 502 Original Contract Amount $1388 ql-+ Final Contract Amount $_ 138, 191+ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N0 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other Information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. -DoofAinhim Bidder AAonzed tignatur /Title 12 7291 Garden Grove Blvd. Suite A License # 320164 TONY PAINTING Garden Grove, Ca. 92841 Phone: (714) 899-5303 E-mail: tonyspaintingsb@yahoo.com Fax: (714) 899-5305 Ante Ivan Marijanovic-Supervisor 7291 Garden Grove Blvd, Suite A Garden Grove, Ca. 92841 Phone (714) 899.5303 Fax (714) 899.5305 Email: tonyspaintingsb@yahoo.com CORPORATE OFFFICER AND SUPERVISOR EXPERIENCE 1. Maintains active sand and water blasting license D-38. 2. Maintains active Department of Public Health Lead Supervisor License. 3. Member of the Painters and Decorations Labor Committee Compliance, District 36, Local 95. 4. Train and supervise work crews in commercial/industrial projects; coordinate schedules. 5. Quality Control Supervisor EMPLOYMENT Tony Painting 2001 -PRESENT Secretary, Project Manager Responsible for all types of painting work for commercial, residential and public works remodeling and new construction projects throughout the California area. Supervise up to 40 painters and other professionals in painting work. Order materials and blueprint updates; consistently meet strict time constraints. Recent Completed projects, including: • Repaint: CWD- Corona Water Department Corrosion Control • Repaint: Fort Macarthur Air Force Base Homes • Repaint: Sand Diego Unified School District • Repaint: Hemet Valley Hospital • Repaint: John Wayne Airport • Repaint: City of Riverside- Public Utilities EDUCATION California State University of Long Beach (Long Beach, CA) AND BA in History, 2009 CERTIFICATION Long Beach City College (Long Beach, CA) • AA in History, 2006 EPA -Renovation, Repair and Painting -Training Certification, 2010 First Aid and CPR/AED-Certificate Valid 7/25/2013 Until 7/25/2015 DHS -Lead Supervisor License, 2015 QC -Quality Control Supervisor Certification, (SSPC) C-1: (SSPC) Fundamentals of Protective Coating Certification C-2: (SSPC) Planning and Specifying Industrial Projects Certification LEVEL I (K.T.A.) Basic Coatings Inspection Certification (SSPC) Basics of Steel Surface Preparation Certification Basics of Non -Ferrous Surface Preparation Certification THIS PROJECT COMMITMENT Will be committed to this project 100% of the time. City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 NON -COLLUSION AFFIDAVIT State of California ) ) ss County of e ) . . I _ /lyll IV , being first duly sworn, deposes and says that he or she is (.0D of :M Om IVtfinq , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, ny undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of a ' ornia at the foregoing is true and correct. r Bidder Auth rized Sig ature I tle C • pma##- Subscribed and sworn to (or affirmed) before me on this 26fh day of-FebYy4IU 2015 by MACIA A. VItAVJES', NoTAP-Y Pau C- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. '7a K • MARIA A. VRANJES? [SEAL] COMM. It 2002365 itl, ;i r ► NOTARY PUBLIC - CAUF6RNI,4 ORANGE COUNTY n �'<,.4 r n COMM. EXPIRES DEC. 29, 2016 -' 13 the laws of the State of Califor is that the Notary Public My Commission Expires: DEC. 2g2DIG City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 DESIGNATION OF SURETIES Bidder's na 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): 14 Insurance : (General Liability, Automobile Liability, Worker's Compensation) Cumbre Insurance Services 3333 Concours Ste 5100 Ontario, CA 91764 Contact: Shawn Ransom (909) 484-2456 Surety Firm Contractors Best Insurance Services Inc. 20335 Ventura Blvd., Suite 426A Woodland Hills, Ca. 91364 Contact: Shilo Lee Losino (818) 348-4900 City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 CONTRACTOR'S INDUSTRIAL SAFETY RECORD y� TO ACCOMPANY PROPOSAL Bidder's Name J_jM Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2014 2013 2012 2011 2010 Total 2015 No. of contracts (O 2 (0 2} 25 23 2 �1 131 Total dollar Amount of 6r�$ 550 123 011 ' 2343021 ' ' 1,846071 I,bq�sos ' 6t}333 ' 4,35 yq R Contracts (in Thousands of $ No. of fatalities 0 No. of lost Workday Cases e (7 Q No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Q04 Business Tel. No.:�'�� State Contractor's License No. and I' Classification: Title -? YYkA YIA�?DVI�G 'PIQPSv� Cry The above information was compiled from the recor that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the 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 ATTACHEDI 16 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ORANGE On 02/26/2015 before me, MARIA A. VRANJES. NOTARY PUBLIC (Here insert name and title of the officer) personally appeared ANTE MARIJANOVIC & ANTE I. MARIJANOVIC who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r ° MARIA A. VRANJESK WI E S my han and o cial seal. I} ; `°"E° COMM. # 2002365 NOTARY PUBLIC - CALIF:ORNIAQ �. r -- • ORANGE COUNTY >\ r Ha. COMM. EXPIRES DLC. 29,2010'A (Notary Seal) Sign re of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that doctmtent: The only exception is if a document is to be recorded outside ofCaltfornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Calffornta (i.e. certifying the authorized capacity of the signer). Please check lire document carefully far proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personatly appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they,— is 1w, ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must riot cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. �r Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. a Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 ACKNOWLEDGEMENT OF ADDENDA Bidder's name �f—kM P IObOg The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signat re 2 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 MULTIPLE BUILDINGS PAINTING PROJECT CONTRACT NO. 6013 DATE: February 23 2015 BY: vmd /49�� City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. CHANGED: • Notice Inviting Bids: Engineer's Estimate: $350,000. • Special Provisions Section 9-3.1 Payment "Item No. 6 ...Interior Stairwells..." • Special Provisions Section 215-1.2 Primer. ADDED: • Proposal "Bid Item No. 8 OASIS Senior Center" • Special Provisions Section 2-6.1 Work Location: "20. OASIS Senior Center" • Special Provisions Section 9-3.1 Payment "Item No. 8 OASIS Senior Center" • Special Provisions Section 215-1.1 Paint "OASIS Senior Center" • Vista Paint Cut -Sheets 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. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) 2 * Date Authorized S6natt & Title�tlqlvc. City of Newport Beach MULTIPLE BUILDINGS PAINTING PROJECT Contract No. 6013 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Rame of • •ual Contractor, or • • • • I ��LNQ'LI Business Address:/� �.:.� :tl G r, icy : 1 y �:PI ' Telephone and Fax Number: California State Contractor's License No. and Class: ;W I VL4 (REQUIRED AT TIME OF AWARD) Original Date Issued: �i ZD Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: �I�1 L/:0..�[i 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 -• • Corporation organized under the laws of the State of (',�lRAIA— M The dates of any voluntary or involuntary bankruptcy judgments against any principal halving an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: TNN nlfi &cq • MC -17 "I 91"C - PKE-5JWC- OzO For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. ND - you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / UO 19 Are any claims or actions unresolved or outstanding? Yes / 6) 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. TONY P41 O N G Bidder A& WL24W(S/ - TWI ba -Tyq Pompic', (Print name of Owner or President Title feb 2b, X015 Date On 212-612016 before me, MA41A A. 0 AN SES Notary Public, personally appeared ANTE MAR I34►40VIC- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Q� � / I-- - 4 [43 Notary Public in and for 4d State My Commission Expires: DEC..W1(, (SEAL) \MARIA A. \/RA1�� J K U/? L,. COh11tiS 42002'365 (jI w(.,NOTE„R`(PUiLIC-CALIFORIIIIA:) ORANGE COUNTYF„_;�+• 4 COMM. EXPIRES DEC. 29, 2016 20 MULTIPLE BUILDINGS PAINTING PROJECT CONTRACT NO. 6013 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 21st day of April, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TONY PAINTING, INC., a California corporation ("Contractor"), whose address is 7291 Garden Grove Boulevard, Suite A, Garden Grove, California 92841, and is made with reference to the following: 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: The majority of the work necessary for the completion of this contract consists of making incidental interior drywall repairs and painting building interiors and exteriors (the "Project" or "Work"). The buildings where Work is to be performed are as follows: 1. Cliff Drive Park Community Center (301 Riverside Avenue); 2. Newport Theatre Arts Center (2501 Cliff Drive); 3. Newport Pier Restrooms (72 McFadden Place); 4. 58th Street Restrooms (58th Street at Seashore Drive); 5. Orange Street Restrooms (Orange Street at Seashore Drive); 6. Channel Place Park Restrooms (Channel Place at River Avenue); 7. Eastbluff Park Restrooms (Vista Del Oro at Hacienda); 8. Bob Henry Park Restrooms (Dover Drive at Castaways Lane); 9. Buck Gully Restrooms (Little Corona Beach below Ocean Blvd / Poppy Avenue); 10. Irvine Terrace Park Restrooms (Seadrift Drive); 11. Corona Del Mar State Beach Restrooms (Corona Del Mar State Beach); 12. Port Westbourne Place Restrooms (Port Westbourne PI at Port Bartmouth PI); 13. Port Carney Place Restrooms (Port Carney Place at Port Bishop Place); 14. Grant Howald Park Restrooms (5th Avenue at Goldenrod Avenue); 15. Arroyo Park Restrooms (Residencia); 16. Fire Station No. 3 (868 Santa Barbara Drive); 17. Fire Station No. 8 (6502 Ridge Park Road); 18. Police Facility (870 Santa Barbara Drive); and 19. Newport Coast Community Center (6401 San Joaquin Hills Road). 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, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6013, 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 One Hundred Ninety One Thousand Five Hundred Dollars and 001100 ($191,500.00). 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. Tony Painting, Inc. Page 2 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Ante Marijanovic to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. 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.). 7. WRITTEN NOTICE 7.1 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. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Tony Painting, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Ante Marijanovic Tony Painting, Inc. 7291 Garden Grove Boulevard, Suite A Garden Grove, Ca 92841 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. til! Z07.171ire 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Tony Painting, Inc. Page 4 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 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. Tony Painting, Inc. Page 5 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 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. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 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). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the Tony Painting, Inc. Page 6 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. 16.5 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. 16.6 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. 16.7 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. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 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. 17.3 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. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate Tony Painting, Inc. Page 7 termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. in addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or Tony Painting, Inc. Page 8 against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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. 22. 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. 23. 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] Tony Painting, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: IM�! V ' Aaron C. Harp LAM City Attorney ATTEST: ,,✓✓ Date: .Id-, � ;J By: mV ` - pm� Leilani I. Brown City Clerk `/ FO fkr� CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONTRACTOR: Tony Painting, Inc., a Califor4115/15 corporation Date: By: Xn e Manj4hovic President Date: 23 By: Ante I. M rijanovic Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Tony Painting, Inc. Page 10 BOND #: 703764P PREMIUM: INCLUDED EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 703764P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to TONY PAINTING hereinafter designated as the "Principal," a contract for work, a majority of which consists of making incidental interior drywall repairs and painting building interiors and exteriors (the "Project" or "Work"). The buildings where Work is to be performed are as follows and shall be performed 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. 1. Cliff Drive Park Community Center (301 Riverside Avenue); 2. Newport Theatre Arts Center (2501 Cliff Drive); 3. Newport Pier Restrooms (72 McFadden Place); 4. 58th Street Restrooms (58th Street at Seashore Drive); 5. Orange Street Restrooms (Orange Street at Seashore Drive); 6. Channel Place Park Restrooms (Channel Place at River Avenue); 7. Eastbluff Park Restrooms (Vista Del Oro at Hacienda); 8. Bob Henry Park Restrooms (Dover Drive at Castaways Lane); 9. Buck Gully Restrooms (Little Corona Beach below Ocean Blvd / Poppy Avenue); 10. Irvine Terrace Park Restrooms (Seadrift Drive); 11. Corona Del Mar State Beach Restrooms (Corona Del Mar State Beach); 12. Port Westbourne Place Restrooms (Port Westbourne PI at Port Bartmouth PI); 13. Port Carney Place Restrooms (Port Carney Place at Port Bishop Place); 14. Grant Howald Park Restrooms (5th Avenue at Goldenrod Avenue); 15. Arroyo Park Restrooms (Residencia); 16. Fire Station No. 3 (868 Santa Barbara Drive); 17. Fire Station No. 8 (6502 Ridge Park Road); 18. Police Facility (870 Santa Barbara Drive); and 19. Newport Coast Community Center (6401 San Joaquin Hills Road). 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, DEVELOPERS SURETY AND INDEMNITY 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 ONE HUNDRED NINETY* Dollars ( 191 500 00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by Page *ONE THOUSAND FIVE HUNDRED AND NO(100THS DOLLARS - 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 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 17TH day otn IAPRIL 2015 . TONY PAINTING Name of Contractor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety Authorized Agent Signature APPROVED AS TO FO 17771 COWAN SUITE 100 IRVINE CA 92614 SHILO LEE LOSINO. ATTORNEY-IN-FACT Address of Surety Print Name and.T�itle/�� Y-�tn�/t S�S�I GS 800-782-1546 City homey lew Telephone NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 2633300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: '"'Stephanie Hope Shear, Shilo Lee Losino, jointly or severally'— as their true and lawful Adorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations ful! power of substitution and revocation, and all of the acts of said Attorney(s)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract or suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. 9y. Daniel Young, Seniorr President ,o°y�-`�5.."P...... c CC,0011AN. y : oP 4fi4 %%c� OCT.5By_ ea! 193&7Mark Lanstlon, Yce-President v, notary pubnc or other officer completing this certificate verifies only the identity of the indivtdual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29 2016 before me, Lucille Ra mond Nota Public Da Here lr.A Ndlne aetl Tilb of the 0(([er personally appeared Daniel Youn and Mark Landon Name(s)orsgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hetshelthey executed the same in his/her/their authorized d ,a capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the parson(s) acted, executed the instrument. Commission - 2061915 Notary Public • Callfornla orange County My Comm. Expires Oct 13, 2018' Place Notary Seal Above 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. C� n Signature Ludil Vyrhond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate, This Certificate is executed in the City of Irvine, California, this day of APR 17 2015 By: Cassie J. nisford,Assistant SeSe t.,y 0-1380(Rev01/15) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On .APR 17 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared SHILO LEE LOSINO Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHIRLEY GIGGLES Commission # 1987675 (39my NotaryPubllo - CaliforniazLos Angeles County Comm. Expires Ss 7, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n OthPr Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 wffillp' State of California County of ORANGE On AM'+ %� (J� before me, MARIA A. VRANJE OA�PUBLIC B Iuainsert bcn tact) personally appeared ANIE H-IQI YOU who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a°.MARIA A. VRANJES; WITNESS my hand and official seal. U COMM 420023 sb a® NOTARY PUBLIC - CALIFORNIAo ORANGE COUNTY Q .ems, COMM. EXPIRES DEC. 29,2016'- Signature of Notary Public • (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRUMON OF THE ATTACHED DOCUMENT (Title or description of attached doccmtem) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (rifle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 version CAVA x12.10.07 800-873-9865 www.NounyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document The only exception is if a document is to be recorded outside of California in such imrrances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). please check the document cavefallyforlimper notarial wording and attach this form if required. • State and County information must be the State and Comity where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which mus[ also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Prim the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plum) fortes by crossing off incorrect forms (ix WsheAlaiy; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression most be clear and photographically reproducible. Impression must not ¢over ten[ or lines. If seal impression smudges, reseal if a sufficient mea permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 3 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. i Indicate title or type Of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document BOND #: 703764P PREMIUM: $3,873.00 EXHIBIT B PRE6t " I fS FOR CO" A^,T TERM P':) S D I'TT0 'A :ENT fb-:DCi FINUCONNRZAGT PNCE CITY OF NEWPORT BEACH BOND NO. 703764P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,873.00 , being at the rate of $ 25.00 FOR THE FIRST $100,000.00 AND thousand of the Contract price. $ 15.00 FOR THE NEXT $400,000.00 PER WHEREAS, the City of Newport Beach, State of California, has awarded to TONY PAINTING hereinafter designated as the "Principal," a contract for work, a majority of which consists of making incidental interior drywall repairs and painting building interiors and exteriors (the "Project" or "Work"). The buildings where Work is to be performed are as follows and shall be performed 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. 1. Cliff Drive Park Community Center (301 Riverside Avenue); 2. Newport Theatre Arts Center (2501 Cliff Drive); 3. Newport Pier Restrooms (72 McFadden Place); 4. 58th Street Restrooms (58th Street at Seashore Drive); 5. Orange Street Restrooms (Orange Street at Seashore Drive); 6. Channel Place Park Restrooms (Channel Place at River Avenue); 7. Eastbiuff Park Restrooms (Vista Del Oro at Hacienda); 8. Bob Henry Park Restrooms (Dover Drive at Castaways Lane); 9. Buck Gully Restrooms (Little Corona Beach below Ocean Blvd / Poppy Avenue); 10. Irvine Terrace Park Restrooms (Seadrift Drive); 11. Corona Del Mar State Beach Restrooms (Corona Del Mar State Beach); 12. Port Westbourne Place Restrooms (Port Westboume PI at Port Bartmouth PI); 13. Port Camey Place Restrooms (Port Camey Place at Port Bishop Place); 14. Grant Howaid Park Restrooms (5th Avenue at Goldenrod Avenue); 15. Arroyo Park Restrooms (Residencia); 16. Fire Station No. 3 (868 Santa Barbara Drive); 17. Fire Station No. 8 (6502 Ridge Park Road); 18. Police Facility (870 Santa Barbara Drive); and 19. Newport Coast Community Center (6401 San Joaquin Hills Road). 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 DEVELOPERS SURETY AND INDEMNITY 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 ONE HUNDRED NINETY* Dollars ( 191,500.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the *ONE THOUSAND AND FIVE HUNDRED AND NO/100THS DOLLARS Page B-1 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. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17TH day of,��IAPRIL 2015 TONY PAINTING Name of Contractor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety Signature 17771 COWAN SUITE 100, IRVINE, CA 92614 SHILO LEE LQSINoVfflMW--WaAS TO FORMO Address of Surety Print Name and Title 800-782-1546 Telephone /Th- --5/ylv NOTARY ACKNOWLEDGMENTS OFCitY AttOMey ctm osiec.ur CONTRACTOR AND SURETY MUST BE ATTACHED Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Stephanie Hope Shear, Shilo Lee Losino, jointly or severally"" as their true and lawful Altomey(s)-in-fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authomy of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By:\ l Gl? ;.."�..AND /,Np OMPANVO.c Daniel Young, Senior Vlee-President �J Po OCT. By. _ G -c C_S� a .. to . � _ ?G OCT. 5 090 1936 :oE w 1967 Mark Lansdon, Ude-President = us'-•,- ' 3 ` O 'b °s?90`.roW P•...�N-aa.'� 2 n9</fOP�\P a= A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29 2015 before me, Lucille Ra mond Nola Public Darn Hem Insert Name arta rile alae Olfcer personally appeared ., Daniel Youn and Mndon Names) of algnarkerlsLaJ LUCILLE RAYMOND Gommission N 2081945 Notary Public • California Orange county M Comm. E Tres Oct 13, 2018 + Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature Wl a cily fond. Notary public CERTIFICATE The undersigned, as Secretary or Assistant Secretaryof DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Atlomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolulions orthe respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of APR •d 7 2015 By: iit"tt 9. d w)7 Cassie Jolirristora, Assistant Se tary ID-1380(Rev01l15) CALIFORNIA• O D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of __ ) On APR 17 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared SHILO LEE LOSINO Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 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. SHIRLEY GIGGLES Commission * 1907875 <' =mR' Notary Public - California > Signat z �° Los Angeles County My Comm. ESigna r o Public x fres Se 7, 2016 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 s. ' F �1 t 1, State of California County of ORANGE On1"VT 1 I 1 ut Jr before me, MARIA A. VRANJES, NOTARY PUBLIC (Here insert name and tide of the officer) personally appeared A+n %K IJA-4 VI (/ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /W�IJT//Nf, ESS my hand and official seal. r Signature of Notary Public s. MARIA A. VRANJES 1 L) r � Individual (s) COMM. # 2002365 e® NOTARY PUBLIC - CALIFORNIAL) ❑ Partner(s) ORANGE COUNTY Q Attomey-in-Fact COMM. EXPIRES DEC. 29, 2016 rm ❑ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must commn verbiage exactly as appears above in the notary section or a separate acknowledgment form mast be properly completed and allached to that dormant, The only exception is if a document is to be recorded outside of California. In such insmnces, any alternative aekmowledgmemt verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Cablorma (4. certifying the authorized capacity of the signer). Picture check the document caref d yforpropernotarial wording and attach this form if required. • State and County infomration must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the some date the acknowiedgnent is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the comet singular or plural fortes by crossing off incorrect forms (i.e. Wshehhey, is /t ) or circling the cornet forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression most be clear and photographically reproducible. impression must rot cover teat or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a di$etrent acknowledgmem form. • Signature of the notary public must match the signature on file with the office of the county clerk. v Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 6 Indicate title or type ofattached document, number ofpages and date. >' Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Tony Painting, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business 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. 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, products and completed operations, 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. 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. 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 Tony Painting, Inc. Page C-2 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. 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 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. 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 Tony Painting, Inc. Page C-3 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. K 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 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Tony Painting, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/9/15 Dept./Contact Received From: Raymund Date Completed: 4/9/15 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: Tony Painting Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/13/14 to 7/13/15 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A; XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ®No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ll. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 3/26/16 to 3/26/16 A. INSURANCE COMPANY: Nationwide Mutual Insurance Company B. AM BEST RATING (A-: VII or greater) A+; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 6/28/14 to 6/28/15 A. INSURANCE COMPANY: Everest National Insurance Co. B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY 0 N/A ❑ Yes ❑ No V POLLUTION LIABILITY 0 N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 0_6� 1 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 4/9/15 Date 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: Risk Management Approved GL carrier's Non -Admitted status on 4/7/15 Approved: Risk Management * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 'i•i MULTIPLE BUILDINGS PAINTING PROJECT CONTRACT NO. 6013 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR 1 of 2 R1 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. 6013 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 1. M 3. Lump Sum Mobilization and Demobilization @_ _TEN TItOUSAND Dollars and Imo Cents $ 10, 000, 00 Per Lump Sum Lump Sum Restroom Buildings @ FIFIN EIGHT TttOUSANo Dollars FtvE RUND2ED and -emo Cents $ 5'3 � 5oo. 00 Per Lump Sum Lump Sum Newport Theatre Arts Center @ FOUR l'"009 ND Dollars and ?_M0 Cents $ %000.00 Per Lump Sum 4. Lump Sum Fire Station No. 3 @ 1WEEM EIGki 'MOUSA p Dollars and Item Cents $ 2e—+000 --p0 Per Lump Sum PR 2 of 2 R1 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Fire Station No. 8 @ TEN 11io9SAND Dollars and ,ew Cents $ 10,060.00 Per Lump Sum 6. Lump Sum Police Facility @ 14aEN1V ONE 1>i01,19411) Dollars and �i R0 Cents $ 21,000.00 Per Lump Sum 7. Lump Sum Newport Coast Community Center @ "E" 1`"VSAN1D Dollars and 'tErtO Cents $ 20, ODD. OD Per Lump Sum 8. Lump Sum OASIS Senior Center @ FOR1V jhPySANo Dollars And 0 Cents $ 40,000.00 j Per Lump Sum TOTAL PRICE IN WRITTEN WORDS ONE HUNDRED W11JtV ONE tHMAND ViVX HVNDRED Dollars and 'ieRO Cents 3'I3'1 2015 Date T Bidder's Telephbne and Fax Numbers -w)lj I / C-310� Bidder's Lice se No(s). and Classification(s) Bidder's email address: $ IQI 1 500. Go Total Price (Figures) Signature and Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MULTIPLE BUILDINGS PAINTING PROJECT CONTRACT NO. C-6013 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Exhibits; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; and (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the Standard Specifications for Public Works Construction may be purchased at the Building News Bookstore, 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 R15-2rirl67 7.f011-34Zs7M Add to this Section, "The majority of the work necessary for the completion of this contract consists of making incidental interior drywall repairs and painting building interiors and exteriors." 2-6.1 Work Locations Add this Section, "The buildings where work is to be performed are: 1. Cliff Drive Park Community Center (301 Riverside Avenue) 2. Newport Theatre Arts Center (2501 Cliff Drive) 3. Newport Pier Restrooms (72 McFadden Place) 4. 58th Street Restrooms (58th Street at Seashore Drive) 5. Orange Street Restrooms (Orange Street at Seashore Drive) 6. Channel Place Park Restrooms (Channel Place at River Avenue) 7. Eastbluff Park Restrooms (Vista Del Oro at Hacienda) 8. Bob Henry Park Restrooms (Dover Drive at Castaways Lane) SP 1 of 11 R1 9. Buck Gully Restrooms (Little Corona Beach below Ocean Blvd / Poppy Avenue) 10. Irvine Terrace Park Restrooms (Seadrift Drive) 11. Corona Del Mar State Beach Restrooms (Corona Del Mar State Beach) 12. Port Westbourne Place Restrooms (Port Westbourne PI at Port Bartmouth PI) 13. Port Carney Place Restrooms (Port Camey Place at Port Bishop Place) 14. Grant Howald Park Restrooms (5t' Avenue at Goldenrod Avenue) 15. Arroyo Park Restrooms (Residencia) 16. Fire Station No. 3 (868 Santa Barbara Drive) 17. Fire Station No. 8 (6502 Ridge Park Road) 18. Police Facility (870 Santa Barbara Drive) 19. Newport Coast Community Center (6401 San Joaquin Hills Road) 20. OASIS Senior Center (801 Narcissus Avenue) 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 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as SP2of11R1 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." SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this Section: The time of completion as specified in Section 6-7, shall commence on the date of the Notice to Proceed. 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the Schedule and may require the Contractor to modify the Schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job:' 6-7 TIME OF COMPLETION 6-7.1 General Add to this Section: "The Contractor shall complete all work under Contract within 125 consecutive working days after the date on the Notice to Proceed. The Contractor shall complete all work at one building before starting work at the next location. All restroom work at any one work location shall be completed within five (5) working days and before Memorial Day. All restrooms shall be open for public use no later than 3PM on Fridays. No work shall occur when the surfaces to be painted do not meet the product manufacturers' application requirements such as minimum temperature, surface dryness, humidity, etc. Additional working days may be granted for such instances." SP3of11R1 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 31 st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 3:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor may be required to pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of the work." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-5 PERMITS Replace this Section with "A City Building Permit is not required." SP4of11 R1 7-7 COOPERATION AND COLLATERAL WORK Add to this Section: "Fire and Police personnel are on continuous duty and will require continuous access to their respective facilities. Their operations shall not be disturbed. To minimize the construction impacts, the Contractor shall: 1. Make every effort to conduct his work in a manner that will not interfere with City operations. 2. Provide barriers to control construction dust and debris at all times. 3. Remove construction debris from the work site at the end of each work day. 4. Provide trash service for construction personnel. 5. Maintain City vehicle access to the facilities at all times. 6. Park construction and personal vehicles off site. Special no -cost on -street parking permits will be provided by the City as needed. In order to access the Police Facility, workers must be fingerprinted and cleared through a full background check by the Department of Justice. Fingerprinting must be completed two weeks prior to the start of work at the Police Facility. Any workers who did not pass background or meet security protocol of the Police Department will be refused entry to the building and may be asked to leave the jobsite. In addition, the Contractor shall: 1. Instruct workers to check out and exhibit credentials provided by the Police Department at all times and to return them daily to the front desk. 2. Access the work area through the front entrance of the Police Facility only. 3. Instruct workers to remain within the work area and not to enter other areas of the Police Facility without prior approval of the Police Department Facilities Manager or designee." 7-8.4 Storage of Equipment and Materials 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: The Contractor's work areas will be restricted because of ongoing activities at the fire stations and the police facility. The City will make every attempt to accommodate the contractor's access to various areas around the facility for onloading and offloading construction materials and equipment. SP5of11R1 If desired, the Contractor may enclose his work area(s) with a 6 -foot minimum high chain link fence. The work area(s) shall contain all of the contractor's materials, supplies, equipment, machinery, toilets, workbenches, etc. The contractor's and worker's vehicles shall be located outside of this work area(s). 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. 7-8.5 Temporary Light, Power and Water. Add to this section: "The Contractor will have gratis use of the City's water and power at the work sites:' 7-8.6 Water Pollution Control Add to this Section, "All water used during the work containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cieanwatemewport.com. " 7-8.6.2 Best Management Practices (BMPs) Add to this Section: The Contractor shall be responsible for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for fluid leaks. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The 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 16 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. SP6of11R1 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this Section: "Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or equipment, 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 available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction." 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 the safety of all persons and property during performance of the work. 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 Contractors performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs The Contractor shall install, maintain in place, and notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement of the posted "NO PARKING -TOW AWAY' signs. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available from the Public Works Department. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-15 CONTRACTOR'S LICENSES At the time of City Council contract award and until completion of work, the Contractor shall possess a valid General Building Contractor "B" or a Painting and Decorating Contractor "C-33" License issued by the State of California. At the start of work and SP7of11R1 until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. SECTION 9 - MEASUREMENT AND PAYMENT 9-2.1 Schedule of Values Add this Section to read, "The apparent low bidder, upon 48 hours of bid opening, should submit a Schedule of Values to the Engineer, listing the individual cost of painting each of the restrooms buildings under Bid Item No. 2." 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing BMPs and construction schedule, distributing Construction Notices to the residents and businesses within 500' of each work site, site cleanup, and all other related work as required by the Contract Documents and these Special Provisions. Item No. 2 Restroom Buildings: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to make incidental repairs to damaged surfaces to be painted (up to $350 per building); prepare all of the buildings' interior existing painted surfaces to receive the new paint including doors and partitions; protect all other surfaces and improvements within the buildings that are not to be painted from damage; install a minimum of two coats of paint; install one coat of anti -graffiti coating over all newly painted surfaces, and provide a minimum of two (2) ADA compliant portable toilets with daily cleaning service for the duration of the Restrooms work. The cost of remedial work for "completed" areas that did not pass City inspection shall be bome by the Contractor. Item No. 3 Newport Theatre Arts Center: This bid item shall include all of the equipment, materials, supplies, labor and costs needed to make drywall repairs to damaged surfaces to be painted (up to $350); prepare all of the buildings' interior existing painted surfaces to receive the new paint; protect all other surfaces and improvements within the building that are not to be painted from damage; and install a SP8of11R1. minimum of two coats of paint. The areas to be painted are the downstairs hallway walls and the walls for the stairwell connecting the first and second floors. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 4 Fire Station No. 3: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to make drywall repairs to damaged surfaces to be painted (up to $500); remove existing wall base; prepare all of the building's interior existing painted surfaces to receive the new paint; protect all other surfaces and improvements within the building that are not to be painted from damage; and install a minimum of two coats of paint. The interior areas to be painted under this Contract are shown on the attached applicable Exhibit. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. The cost to temporarily relocate and put back furniture, equipment, and other items interfering with the work shall be a part of the submitted bid and no additional compensation shall be made to the Contractor. Item No. 5 Fire Station No. 8: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to make drywall repairs to damaged surfaces to be painted (up to $500); remove existing wall base; prepare all of the building's interior existing painted surfaces to receive the new paint; protect all other surfaces and improvements within the building that are not to be painted from damage; and install a minimum of two coats of paint. The interior areas to be painted under this Contract are shown on the attached applicable Exhibit. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. The cost to temporarily relocate and put back furniture, equipment, and other items interfering with the work shall be a part of the submitted bid and no additional compensation shall be made to the Contractor. Item No. 6 Police Facility: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to make repairs to all damaged exterior surfaces to be painted (up to $1,500); prepare all of the building's existing exterior painted surfaces above the perimeter planters and the front entrance landing that are to receive the new paint; protect all nearby/adjoining surfaces and improvements that are not to be painted from damages; and install a minimum of two coats of paint. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. The cost of repainting motor vehicles parked nearby the building that are damaged by airborne paint droplets shall be borne by the Contractor. The cost of preparing and painting the walls and ceilings for the three (3) sets of interior stairwells shall be made a part of this Bid Item. Item No. 7 Newport Coast Community Center: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to make repairs to all damaged exterior surfaces to be painted (up to $1,000); prepare all of the building's existing exterior painted surfaces above the perimeter planters and/or perimeter flatwork that are to receive the new paint; protect all nearby/adjoining surfaces and improvements that are not to be painted from damages; and install a minimum of two coats of paint. SP9of11R1 The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. The cost of repainting motor vehicles parked nearby the building that are damaged by airborne paint droplets shall be borne by the Contractor. Item No. 8 OASIS Senior Center: This bid item shall include all of the equipment, materials, supplies, labor, and costs needed to make repairs to all damaged surfaces to be painted (up to $1,000); "take-down" and reattach all of the existing (large and small) decorations, building signs, plaques, white boards, etc. non-dry/wet utility connected hung or mounted interfering items; prepare all of the building's existing interior walls, wainscot, and ceilings and exterior painted siding surfaces designated to receive new paint; protect all nearby/adjoining surfaces and improvements that are not to be painted from damages; replace damaged rubber base as required by the Engineer; and install a minimum of two coats of paint complete in place. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. The cost of repainting motor vehicles parked nearby the building that are damaged by airborne paint droplets shall be borne by the Contractor. 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 215 ---BUILDING CONSTRUCTION MATERIALS 215-1 BUILDING MATERIALS 215-1 BUILDING MATERIALS 215-1.1 Paint. Interior paints shall be Dunn Edwards "Everest" in the same color and sheen as existing. Exterior paints shall be Dunn Edwards "Evershield" in the same color and sheen as existing. No substitution will be allowed. The record paint colors that were applied to the Newport Coast Community Center building surfaces at the time of original construction are listed below. The Contractor shall field verify prior to application. Dunn Edwards DE6217 "Ancient Earth": Accent Exterior Trim Dunn Edwards DE6145 "Rocky Ridge": Accent Exterior Trim Dunn Edwards DEC726 "Adobe": Accent Exterior Dunn Edwards DE0764 "Inside Passage": General Wail Exterior The record OASIS Senior Center Vista Paint colors are listed on the attached cut -sheets. SP 10 of 11 R1 215-1.2 Primer. Primer shall be as recommended by the paint manufacturer. No substitution will be allowed. 215-1.3 Anti -graffiti coatings The clear anti -graffiti coating to be applied to all restroom newly painted surfaces shall be manufactured by Vitrocem, Inc. PART 3 CONSTRUCTION METHODS SECTION 313 — PAINT SURFACE PREPARATION 313-1 GENERAL Surfaces shall be scraped, sanded (wood), patched, filled and caulked as necessary for proper paint adhesion. All surfaces shall be cleaned and primed per paint manufacturer recommendations. SP 11 of 11 R1 Descdption Carefree Earth Coat Is a premium plus environmentally preferable, odor free, zero VOC Interior acrylic flat finish. Exceptional hide and touch-up with superior adhesion. Carefree Earth Coat Is resistant to scuffing, staining and abrasion. Excellent for use in hospitals, hotels/motels, schools, office, homes and occupied areas wire minimal disruption. Dries quickly to a tough, durable and wash- able finish. Recommended Uses Interior drywall, plaster, masonry, concrete and wood. Colors White and custom colors. Bases: A, D and P Pac ain One and five gallon containers Finish Rat, SHEEN @ BY = 1.0 - 3.0% Surfaces must be clean, dry and free from all contami- nants that may impair adhesion. Smooth Wood and glossy or slick surfaces must be scuff sanded priorto ap- plication o! paint coatings and may require priming. Primers Drywall / Concrete! Plaster: 6000 Carefree Earth Coat Primer Wood: 6000 Carefree Earth Coat Primer ftpricaton Brush, roil or spray. Ambient and surface temperatures must be above 55°F and relative humidity below 80%. Clean tools and equipment with soap and water. Carefree Earth Coat Flat W . • SCAQMD - complies with Rule 1113, Architectural Coatings I EED - complies with GS -11 / EQ 4.2. Green Wise - tested and certified MPI - It 143 CHPS - passes Section 01350 testing EPA Test Method 24 - yes oS✓s:Mq: iaawmxanrn.,vW,v.uv,Edn fta=bV .. 1vnav Iru as eEamo Y. MEelsamimAp u E+awngEmfoto. ASIaH h4mila,i, aUd pw+wapwrou:e. n4 CgkU nod.M'c'itllap.BstisCu/�braaco�'y'C�M M,rrinxm6v'w xiyrw_k.loo,c{tAGlMr petlm0(fro,ams'a9nm,C Los p 1. 1Mvirta-1y ExE,C,rcUb b:c,Et JMkbY b'Gg4'4�:�yastor,V¢Se EgrtuasMaltmr2EnurelMso!saeil dR'a4rt�J VMctlilalM4&y,6ury's6mT "' aW,ohaaa�:W,wrctlmxCcaaleY- F al m`mnYnCsa'te m.3+bA,YUL�1x1 alNenNGvwrb lV te'e.ary'iwVL':T(dvv ur. iM'm,l r!mr'a::Tnw)lc IXYuty-cKm }yvbc eyn r,.Q,ivaa:.:. Revised 01.10 Vista Paint Corporation 12020 E. Orangethorpe Ave, Fullerton CA 92831 mwi.vistapaint.com rn Interior Zero VOC Low Odor Acrylic Finish ' I O Architectural Coating - Premium Plus O C Drama Time Touch: 45 minutes =p Recoat: 6 hours CD _Cover—age_ 350 — 400 square feet per gallon, depending on sur- n face. Mil Thlcimess Wet =3.0 Dry =1.2 m 0 R Thinning Use at package consistency. If thinning is requirad, o use water sparingly. Composition C ) 15 TOTAL PIGMENT 42.0% 0 Titanium Dioxide 12,2% o Extenders 29.8% D TOTAL VEHICLE 58.0% Resin 14.5% Additives 17% 71 Water 41.8% D. Weights & Measurements +/-3.0% Solids by Volume: 39.5% Solids by Weight: 56.2% VOC: 0 g/I Weight Per Gal: 11.9 lbs. Viscosity: 96 -100 KU W . • SCAQMD - complies with Rule 1113, Architectural Coatings I EED - complies with GS -11 / EQ 4.2. Green Wise - tested and certified MPI - It 143 CHPS - passes Section 01350 testing EPA Test Method 24 - yes oS✓s:Mq: iaawmxanrn.,vW,v.uv,Edn fta=bV .. 1vnav Iru as eEamo Y. MEelsamimAp u E+awngEmfoto. ASIaH h4mila,i, aUd pw+wapwrou:e. n4 CgkU nod.M'c'itllap.BstisCu/�braaco�'y'C�M M,rrinxm6v'w xiyrw_k.loo,c{tAGlMr petlm0(fro,ams'a9nm,C Los p 1. 1Mvirta-1y ExE,C,rcUb b:c,Et JMkbY b'Gg4'4�:�yastor,V¢Se EgrtuasMaltmr2EnurelMso!saeil dR'a4rt�J VMctlilalM4&y,6ury's6mT "' aW,ohaaa�:W,wrctlmxCcaaleY- F al m`mnYnCsa'te m.3+bA,YUL�1x1 alNenNGvwrb lV te'e.ary'iwVL':T(dvv ur. iM'm,l r!mr'a::Tnw)lc IXYuty-cKm }yvbc eyn r,.Q,ivaa:.:. Revised 01.10 Vista Paint Corporation 12020 E. Orangethorpe Ave, Fullerton CA 92831 mwi.vistapaint.com Caretree Earth Coat Interior/Exterior Zero VOC Low Odor 100%Acrylic Finish Descdption Carefree Earth Coat is a premium plus environmentally preferable, odor free, zero VOC 100% acrylic eggshell fin- ish. Exceptional hide and touch-up with superior adhe- sion and exterior durability. Carefree Earth Coat Is resistant to scuffing, staining and abrasion. Excellent for use on interiors and exteriors of hospitals, hotels/motels, schools, offices, homes and occupied areas with minimal disruption. Dries quickly to a tough, durable and wash- able finish, Recommended Uses Properly primed drywall, concrete, masonry, wood and metal. Colors White and custom colors. Bases: A & D Packaging One and five gallon containers Finish Eggshell, sheen © 60° =18.0 - 20.0% Surface Preoaration Surfaces must be clean, dy and free from all contami- nants that may impair adhesion. Glossy or slick surfaces must be scuff, sanded prior to application of paint coatings and may require priming. Primers Drywall / Concrete / Masonry: 6000 Carefree Earth Coat Primer +Flood^ 6000 Carefree Earth Coat Primer Metal: 4800 Metal Pro Primer Cwood with wAracWe Weeding, use 4200 Tartnhetol II) Aoplication Brush, roll or spray. Ambient and surface temperatures must be above 55°F and relative humidity below 80%. Clean tools and equipment with soap and water. y'e:IX9pua1G9RTeY�A3enwturt b¢ar.13.rt Cv 6vn d' Architectural Coating - Premium Plus Drying Time Touch: 1 hour Recoat: 6 hours Covera e 350 — 400 square feet per gallon, depending on sur- face. Mil Thidmess Wet =3.2 Dry =1.2 Thinning Use at package consistency. If thinning Is required, use water sparingly. Composition TOTAL PIGMENT 27.9% Titanium Dioxide 14.5% Extenders 13.4% TOTAL VEHICLE 72.1% Resin 213% Additives 5.6% Water 45.2% Weights & Measurements +/-3.0% Solids by Volume: 36.0% Solids by Weight: 50.6% VOC: 0 g/1 Weight Per Gal: 10.6 lbs. Viscosity: 94 - 96 KU I11 f 910"M SCAQMD - complies with Rule 1113, Architectural Coatings LEER - complies with GS -11 / EQ 4,2. Green Wise - tested and certified MPI - #43 CHPS - passes Section 01350 testing EPA Test Method 24 - yes .V taR N,, m' L n rauce;.+mrrcm c,res,,: '+W �pwa,.h wmvrrvaruwrcmn ma.msr �nnma,ne..w:s+z>'w evmm�mmxt nvmaxm ram vn+w uuamemseniaun. Revised t 1.10 Vista Paint Corporation 1 2020 E, Orangethorpe Ave, Fullerton CA 921331 www vistapaint,com Q co0 Q 0. 0 0 0 O Q 0 D 0 71 Semi -Gloss Interior/Exterior Acrylic Enamel Finish O Architectural Coating - Premium O Vista Paint Corporation 1 2020 E. Orangethorpe. Ave, Fullerton CA 92831 w-vAv.vlstapalnt.co m D n Descdoto n DNnQ Time Acriglo Semi -Gloss is a premium acrylic semi -gloss Touch: 2 hours O enamel for exterior and interior surfaces. Aodgio provides Recoat: 4 - 8 hours, depending on ambient good block resistance and durability. It has good adhe- temperature & humidity N sion and mildew resistant characteristics. Low odor makes Acdgio suitable for Institutional, commercial and residential applications. Coverage � Recommended Uses 350 — 400 square feet per gallon, depending on sur- Co face, Properly primed drywall, concrete, masonry, wood and (D metal. p Mil Thid�e s Colors Wet=4.8 Dry =1.6 White, stock colors and custom colors to order. �- Bases: A, D & P Thinning Packaging Use at package consistency, If thinning is required, Quarts, one and five gallon containers use water sparingly. o M Fnish Composition Semi -Gloss, sheen @ 600 = 73.0 — 77.0% TOTAL PIGMENT 21.0% CD 71 Titanium Dioxide 19.8% :- surface Preparation Extenders 1.2% Su faces must be clean, dry and free from all contami- nants they may impair adhesion. Glossy or slick surfaces TOTAL VEHICLE 79.0% must be scuff sanded prior to application of paint coatings Acrylic Resin 27.1% and may require priming. Additives 2.5% Water 49.4% Primer Drywall (New): 1100 Hi Bu Id Sealer Weights & Measurements -4-3.0% Drywall (Existing): 4000 Uniprime Solids by Volume: 35.0% Concrete/Masonry: 4600 Unipdma II Solids by Weight: 46.0% Word (Exterior): 4200 Terminator II VOC: 39 gA Wood (Interior): 188 Acrylic Primer Weight Per Gal: 10.2 lbs. 6600 AquaLac Viscosity: 94 - 98 KU Ferrous Metal: 9600 Protec Metal Prime White 9610 Protec Metal Prime Red Oxide Certification Non -Ferrous Metal: 4800 Metal Pro Primer White SCAQMD - complies with Rule 1113, Architectural 4810 Metal Pro Primer Coatings Red Oxide LEED - complies vi.th GS -11 ! EQ 4.2. Ilcatlon MPI - #54 Brush, roll or spray. Ambient and surface temperatures must be above 55°F and relative humidity below 80%. Gean tools and equipment with soap and water. C6CWYER IDI[t M31e1atgomktkJJ.1r'eixrkpl yaaxNaMSlvJnin ma MarvW avtr::n:t tlw JOaal tnmen.W aCVNk,gx:l lath NWWeO "trM1.n,u n"a Mpcl ledavae w.tlwlIX�+ruWea llu lmC,rs kpu'wbMUOro cati"�GONP"tdnrMmT2 aG `M1�:rtlu4d l',.v^"cyrxt'!m v.!pr L4l b:NlbtruEPss. MYI:n`ylYctltlltn PMalkervF.NdM]rtivUepepN. crft!^J.lCrr:sM Otltl'a Gr,N.st, iMswsry'x/ ICaf mlkv^fAo[.0.'r[rccv;IXbtM b Vegrfp'.rn 01 vnY matrq. if erl:xtt and Olxrv.:ntlxs,vMs on tmY-yJ 'imaJ aNattRM1K Ndyh) MwGSW wtlmunzadlSp-sfsu Fb'FA'n'rmnJ rmCuvGaSty, F-''.CNG'.'.'tm`.A'I Ora`AA,IA�t`/dot.ScvYo-i^:ar�l,YAhC9A%traa,^c`9Gllyd la Y'd. 0.JJ'ianL 'Ta;tln,MYMMb"fWL .I+txb['.HcWS R9reirvY:lW. Rehsed 11.10 Vista Paint Corporation 1 2020 E. Orangethorpe. Ave, Fullerton CA 92831 w-vAv.vlstapalnt.co m Rxeom lillillm AREAS TO BE PAINTED z FIRE STATION NO. 3 DOWNSTAIRS EXHIBIT I C-6013 STAIRS #2 BATH COMM ROOM IZZZ i DORM WEIGHT ROOM m PHONE LOCKER ROOM f - WH STAIRS #1 MEDIC BATHROOM DORM SANTA BARBARA ®RIVE LEGEND AREAS TO BE PAINTED z FIRE STATION NO. 3 UPSTAIRS EXHIBIT C-6013 ROOM TURN OUT KITCHEN PHYSICAL TRAINING 'HALL WA V�A ell 1, Ar LEGEND AREAS TO BE PAINTED FIRE STATION NO. 8 7IIPiC OUTDOOR PATIO C-6013