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HomeMy WebLinkAboutC-7011-1 - Balboa Village Entry Arch SignJune 14, 2018 Atom Engineering Construction, Inc. Attn: Mr. Larry Boyer 40410 Vista Road Hemet, CA 92544 Subject: Balboa Village Entry Arch Sign — C-7011-1 Dear Mr. Boyer: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk On June 13, 2017, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 16, 2017 Reference No. 2017000246271. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is RCB0002063. Enclosed is the Faithful Performance Bond. Sincerel , t Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN DUPLICATE BOND NO. RCB0002063 PREMIUM: $4,516.00 EXHIBIT B PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. RCB0002063 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,516.00 , being at the rate Of $ 25.00/$15.00 PER thousand of the Contract price. WHEREAS, thqo�f jr�T9 Newport Beach, State of California, has awarded to ATOM ENGINEERING, I , ereinafter designated as the "Principal,„ a contract for: removing existing street lighting facilities, installing reinforced concrete pedestals, fabricating and installing steel arch sign structure, installing all primary and decorative LED lighting fixtures and appurtenances, installing all necessary electrical components, restoring hardscape, potholing, and all other items shown on, but not limited to plan R- 6064 -S and in the Special Provisions Supplemental, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Four Thousand Three Hundred Ninety Eight Dollars and 00/100 ($234,398.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Atom Engineering, Inc. .....�.._ _V_._.._ .~��� -N���Page B-1 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 13TH day f MAY 12416 ATOM ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 949/341-9169 Telephone APPROVED AS TO FORM: CITY A TORNEY'S OFFICE L'% Date:_ d i Aaron C. Harp (hnnoc�zhlltP City Attorney Authorized Signature/Tit e Aa /J -- Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title _ _ NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering, Inc. Page B-2 i►:• l M It it 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(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 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 (seal) 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) Atom Engineering, Inc. Page B-3 ALL- PURPOSE CERTIFICATE OF 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 Riverside } On 5/16/16 before me, Laura Lee Marin, Notary Public ere insert name ana title ot l e o icer personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(-,) whose name(-&) Is re subscribed to the within instrument and acknowledged to me that �i�he/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(sr) on the instrument the person(--), 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. ..................�. LAURA LEE MAi� ra..� f rh. WITNESS my hand and official seal. Zi="fir p' Commission No.2101 1134 Z NOTARY PUBLIC -CALIFORNIA 12 RIVERSIDE COUNTY My Comm. Expires MARCH 2, 2019 o ary PublicSi to (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies ii,nh current California statutes regarding notary hording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknohredgents.fi•om other states may be completed for documents being sent to that state so long as the Faithful Performance Bond irording does not require the California notary to violate California notaly 1mr. (Title or description of attached document) • State and County information must be the State and County where the docunent signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. Number of Pages 2 Document Date 5/13/16 • 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. 0 Corporate Officer • The notary seal impression must be clear and photographically reproducible. Secreta Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 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). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. 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 SAN DIEGO On 5/13/2016 Date personally appeared before me, MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(e) of Signero who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/eFe subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herAheir authorized capacity4es), and that by his/4eW#+e4 signature(s) on the instrument the person(e), or the entity upon behalf of which the person(&) acted, executed the instrument. MICHELLE M. BASUIL L. COMM # 2034911 Z SAN DIEGO COUNTY Q NOTARY PUBLIC -CALIFORNIA Z �l MY COMMISSION EXPIRES AUG. 24, 201 7 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. Signature �^-►*�ti '1�� 'cam! Signature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual X 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: L:.C'✓.:SGC✓.:�✓.:�'.:�✓.:�✓.:�✓:�✓:v✓i.�. L✓.:�✓.:�✓.�'✓.:�✓:�✓.:�✓ �'✓.:C✓..�✓..v.�✓G�✓..v �r%5�✓:✓'.::✓...4�.:v'.l- .:✓:�.v.�✓.2.✓:�✓:�✓.v:�✓•:�✓.iv:': SLI " Ckiwe an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER )F ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola, Michelle M. Basuil, John Maloney Helen Maloney Jisselle Marie Sanchez jointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 9th day of March, 2016. I I 11111111,,1 `"0'01'1111 III 0•GaQPOgq .9,4y;' JapNCec • O �\��, o pPOR SEAL;�,D ° = SEAL.: State of Illinois l D° ..,.• °� ` } SS kuNOLs •' . ' �L L 1 N 0%,,,`" n1u,,,,,o`"`` County of Peoria na nn,,,,,,, On this 9th day of March 2016 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding and Insurance Company Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 13TH day of MAY 2016. RLI Insurance Company M. Bockler Notary Public Contractors ;Ining, and Ins rance Company �� "OFFICIAL SEAL" Vice President 3NaTAav Barton W. Davis PU6LIC JACQUELINE M. BOCKLER STAT- OF �ILLIN01-3 COMMISSION EXPIRES 01!14/18 0456693020212 A0059115 August 21, 2017 Atom Engineering Construction, Inc. Attn: Larry Boyer 40410 Vista Road Hemet, CA 92544 Subject: Balboa Village Entry Arch Sign - C-7011-1 Dear Mr. Boyer: CITY,OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov On June 13, 2017 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 15, 2017, Reference No. 2017000246271. The Surety for the bond is Contractors Bonding and Insurance Company and the bond number is RCB0002063. Enclosed is the Labor & Materials Payment Bond. Sincerely, V Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN DUPLICATE BOND NO. RCB0002063 PREMIUM INCLUDED IN PERFORMANCE BOND EXHIBIT A CITY OF NEWPORT BEACH BOND NO, RCB0002063 LABOR AND MATERIALS PAYMENT BOND WHEREAS, theDD s CR ,Newport Beach, State of California, has awarded to ATOM ENGINEERING,NC., hereinafter designated as the "Principal; a contract for removing existing street lighting facilities, installing reinforced concrete pedestals, fabricating and installing steel arch sign structure, installing all primary and decorative LED lighting fixtures and appurtenances, installing all necessary electrical components, restoring hardscape, potholing, and all other items shown on, but not limited to plan R- 6064 -S and in the Special Provisions Supplemental, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, CONTRACTORS BONDING AND INSURANCE COMPANY - duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Four Thousand Three Hundred Ninety Eight Dollars and 001100 ($234,898.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit Is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Atom Engineering, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fele 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 13TH day of MAY 2016 ATOM ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 9491341-9169 Telephone APPROVED AS TO FORM: CITY ATr RNEY'S OFFICE Date: By. YjY; Aaron C. Harp uta astzhttO City Attorney .SPC. Authorized SignatureMtle /ice- U Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering, Inc. 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(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 }s$. 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) Atom Engineering, Inc. Page A-3 ALL- PURPOSE CERTIFICATE OF 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 Riverside ) On 5116/16 before me, Laura Lee MarinNotary Public ere lose name a a a cert— personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) sl�a' re subscribed to the within instrument and acknowledged to me that (Shhe/they executed the same in Is er/their authorized capacity(ies), and that by Is er/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. LAURA LEE MARIN WITNESS my hand and official seal.., ~' _ Commission Na.21019s4 / 'a �'.. s. Armel NOTARY PUBUGCALIFORNIA RIVERSIDE COUNTY My Comm. Errprea MARCH 2, 2018 Public Sig (Notary Public Seal) ON DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Materials Payment Bond (Title or description of attached document) (Tide or description of attached document continued) of Pages 2 Document Date 5/13/16 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer Secretary (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NctwyCfasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknofwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • 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 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. he/shet#wy, is late) or circling the correct forms. Failure m correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clew and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate title or type of attached document, number of pages and date. 0 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 with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 6 1-1-W 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 SAN DIEGO ) On 5/13/2016 before me, Date MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(e) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) isfeFe subscribed to the within instrument and acknowledged to me that hefslneA44ey executed the same in hisMeW+ Kir authorized capacity,09a), and that by his/k+erJ#w* signature(e) on the instrument the person(s), or the entity upon behalf of which the personH 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. MICHELLE M. BASUIL > - COMM It 2034911 Signature�.! f:' f �r cx_ - 7 SAN DIEGO COUNTY Signature of Notary Public Qq NOTARY PUBLIC -CALIFORNIA Z MY COMMISSION EXPIRES AUG. 24, 201 7 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity res) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ 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(* ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: VIM lkinefflow—m-III .0.1 10 111 roke I LIs Ckk M RLI Cp1lp " 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fa :(309)689-2036 Know All Men by These Presents: POWER )F ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola. Michelle M. Basuil, John Maloney. Helen Maloney. Jisselle Marie Sanchez, iointly or severally in me meaty or Psconmao . Mate or uallrorma . as Attorney in ract, wim mu power ana aumonty nereoy conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars (, $10.000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "AB bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this -th day of March, 2016. who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. IS! "OFFICIAL SEAL" JACQUELINE M. BOCKLER COMMISSION EXPIRES 01MV18 RLI Insurance Company Contractors Bonding and Insurance Company ee-w A/.—,Pi Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 13TH day of MAY 20�. RLI Insurance Company Contractors ;linga d Insprance Company JJ_[[77— Barton W. Davis Vice President 0456683020212 A0059115 .�`a0GANO,4., ..o Nee CO's, �o 9l4OPPOAgTe 99Zo, �L�yGOP;OR,� SEAL,',; _ . SEAL State of Illinois u :r ...... ,.• 1( '• ,.-• SS aurvol5<LIN0j5• County of Peoria „ . J " ` , "' On this 9th day of March 2016 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. IS! "OFFICIAL SEAL" JACQUELINE M. BOCKLER COMMISSION EXPIRES 01MV18 RLI Insurance Company Contractors Bonding and Insurance Company ee-w A/.—,Pi Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 13TH day of MAY 20�. RLI Insurance Company Contractors ;linga d Insprance Company JJ_[[77— Barton W. Davis Vice President 0456683020212 A0059115 Document -3442152 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIv111111111111111111111119111111111111Ifl1111111111111111111111 jll NO FEE 6 220170002462711:53 pm 06115117 7 405 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Atom Engineering Construction, Inc., Hemet, as Contractor, entered into a Contract on May 10, 2016. Said Contract set forth certain improvements, as follows: Balboa Village Entry Arch Sign C-7011-1 Work on said Contract was completed, and was found to be acceptable on June 13. 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. BY V Public W rks Di or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q Executed on 'S i / at Newport Beach, California Owl about:blank 06/15/2017 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 Atom Engineering Construction, Inc., Hemet, as Contractor, entered into a Contract on May 10, 2016. Said Contract set forth certain improvements, as follows: Balboa Village Entry Arch Sign C-7011-1 Work on said Contract was completed, and was found to be acceptable on June 13, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. BY ✓ %/:d ��/%L Public Works Dirbttor 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 T9N}�/ 5��1? at Newport Beach, California. BY �• City Clerk CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 10:00 AM on the 14th day of April, 2016, at which time such bids shall be opened and read for BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 $ 210,000.00 Engineer's Estimate Approve by Mak Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids: http://www.planetbids.com/portal/porta1.cfm?CompanylD=22078 Hard copy plans may be purchased from Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "C -10","C-45", or "A" For further information, call Eric Loke, Project Manager at (949) 644-3336 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online- se rvices/bid s-rfps-vendor-req istratio n City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via Planet8ids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Hard Copy to be submitted directly to the City Clerk priorto bid opening) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) 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; Contractorshall also confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date. Members of the public who would like to attend this reading may go to Bay E, 2"' Floor of the Civic Center (Located at 100 Civic Center Dr.) 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 (Line Items) 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 3 with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code – including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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 r ' ed. Contractor's License No. Classification Authorized Signature/Title iT )-LN nnnr>l1-7A L213ol1t_e DIR Reference Number & Expiration Date AToM Engincermg Contraction, Inco Bidder 4 �:J I TIS Dante — We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF GREATER AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA VILLAGE ENTRY ARCH SIGN, Contract No. 7011-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 6TH day of _ P IL 2016, ATOM ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) A horized Signature(I itle CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 949/341-9169 Telephone 1111M.11-. MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) .a..rrrr r...rr....rr........aa......................................•........ a. State of California County of } ss. On Public, personally appeared_ before me, , Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare 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($) 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 ....a. 101 a U a. r r.... 0..0r*.r10"................. acaa a.................... a.. a.. 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 Witnesses) Thumbprint of Signer p Check here If Capacity of Signer no thumbprint _ Trustee or fingerprint Power of Attorney is available, _ CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ACKNOWLEDGMENT 6 .............•....a.................c.......c..r....._....................... a.. State of California County of S& On 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 .0.10a....................................................................... 0. 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 W tness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _President / Vice -President / Secretary J Treasurer Other: Other 7 Thumbprint of Signer ❑ Check here it no thumbprint or fingorpnnt is avai.able. ALL- PURPOSE CERTIFICATE OF 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 Riverside On 4/12/16 before me, Laura Lee Marin, Notary Public ere ,nsert none an :r 7 e o mer) personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within instrument and acknowledged to me that (50she/they executed the same inIsJheribtheir authorized capacity(ies), and that by Is er/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ;.,F LAURA LEE MARIN WITNESS my hand and official seal. f, _='� commission No. 2101934 s . xw; ,!\•v}i6, ,f NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY My Comm. Expires MARCH 2, 20th �—�Iolary Public Slg a (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION OF THE ATTACHED DOCUMENT Bid Bond (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date 4/8/16 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Rl Corporate Officer Secretary (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.cc m 800-8739865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknotwedgenis from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • Stare 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 signer(s) personally 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 signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. he/sheAhey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines- IP 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. ee Additional information is not required but could help to ensure this acknowledgment is not misused orattached to a different document. 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 with a staple. 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 SAN DIEGO ) On 4/8/2016 before me, Date personally appeared MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that hefsheAlgey executed the same in hisAier:iTRa; authorized ca act p ty' ,and that by hisA4e64heiF signature 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. MICHELLE M. BASUIL ��> ZQCOMM # 2034911 SAN DIEGO COUNTY Signature �'""1z<L/�� �7• ,Y' Z • • QQ NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES Signature of Notary Public AUG. 24, 2017 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Tille(s): El Partner — El Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,•;yam;, b_ :.�.<u.<v..�.«...y,.<y,..d• �� «�.<d. .�..�,..., �.:�<;U RLI® cbic .n au cempenr 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola, Michelle M. Basuil, John Maloney. Helen Maloney Jisselle Marie Sanchez iointly or severally in the City of Escondido . State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 4th day of February, 2016. o`Oag4p4ce C" RLI Insurance Company e4P••' "'•R`mq° °r5° ' oby"• Contractors Bonding and Insurance Company ro 4 R'•m2 rQ, 4 R.�g SEAL ;fib;: SEAL: State of Illinois l%4u • • Barton W. Davis Vice President )} SS ILL 40%%'.t(INOtS County of Peoria ' CERTIFICATE On this 4th day of February 1 2016 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 8TH day of APRIL 2016. —Fw. RLI Insurance Company Notary Public Contractors onrJing a/ndInce Company ff!�_ J17 iv �--` "OFFICIAL SEAL" rw'rnav Barton W. Davis B TE o wsJACQUELINE K BOCKLER Vice President uc Oi pumas COMMISSION EXPIRES a1114118 0456693020212 A0059115 ............................................................................... State of California County of }ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is/are subscribed to the ithin instrument and acknowledged to/file that he/she/they executed the same in his/her eir authorized capacity(ies), and that his/her/their signatures(s) on the instrument the per n(s), or the entity upon behalf of w ' h the person(s) acted, executed the instrument. I certify under PENALTY F PERJURY under the/laws of the State of California that the foregoing paragraph is true a correct. WITNESS my hand and official Signature .................................. 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 _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -Pr Other: Other Identification / Secretary / Treasurer (scab ..................................... Thumbprint of Signer ❑ Ch)kckhere if no or is City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 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: GraiLo Llctlr",C. Address: q41m helms lir e, 9, 4- Phone: 7Lep—a50—&4t¢J tD p aJ/ 0 State License Number: 9'j795 DIR Reference: I OC)tDD a3lo>oi Email Address: r } ; Name: Address: e_rS+CU A i3 L; i4 Dc-vL-VC. Phone: cttE4" IbLta—OleSoO ?jl O State License Number: aZ 14 i i -A DIR Reference: ) pL9®paq iQ 1 Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address ATOM Engmcemg Construction, Inc. V_� -ce Anr Bidder Authorized Signature/Title 8 City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name ATOM Engineering Construction, =. 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 s C\Aarcle-1 'Ke�aair- C ` a, Project Description � � 1--Zr 10 C \ .` 01t r hn,,V Wit& Approximate Construction Dates: From j � is To: !AI1 S Agency Name Contact Person �n o_t. � ^q)n )SIC, Telephonv e (IM) cj Z1—t„1 � $ Original Contract Amount $ 57, *398 Final Contract Amount $ 5% 319 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. 2 Project Name/Numb Project Description er m2�rl� �DbfSSt.bl�y ` .. t 1\ <c-5 4 A mr1nvn �h 5 aiG FJu.,RiY1q Approximate Construction Dates: From 13-1 15 To: l /ILP J J Agency Name Contact Telephone 951) SSQ6— SOCA Original Contract Amount $T).398 Final Contract Amount $ 8a ,1118 If final amount is different from original, please explain (change orders, extra work, etc.) Ih_ rtN Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number OC -rye— 1 �nar� � Project Description , 1 nam iC, Approximate Construction Dates: From JbI To: Agency Name Contact Person EP -t- nncVAu i�Ar�t��c7 Telephone (740 Original Contract Amount $ L,, Final Contract Amount $ Lc 704)�� 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. M] No. 4 Project Name/Number Le re 1)8 r 1 VA.- r, t� p-� Project Description P r -a n.1.rr\ n ur r, r7j�,g C 1r o _- Approximate Construction Dates: From q IS To: Ifs% IC Agency Name Contact Person" fes()1 �'k, ns Telephone (ZLb 77D- 334�4 Original Contract Amount $ 70�inal Contract Amount 1 lei vq,Q tD Iff final amount is different from original, pieamse explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description �An(',m 73�rr_;c-� �Re ] /n,( - Approximate Construction Dates: From tol Is Tox Agency Name Contact Person hb-�-A Telephone Qv( l) '776-75%�! Original Contract Amount $ i$Final Contract Amount $ If final amount is different from original, please e�elain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number . (hR10 -Se,.oer Trac -r e, W �\Gtn Project Description P,, , i�c;cr Se,. ,off Tpv e" trG n Approximate Construction Dates: From To: Agency Name'A�`` OODrew\ae_ Contact Person Telephone ( 7(�b 62�I K ^ (Po"1 Lp Original Contract Amount Final Contract Amount $ I Q ) '_4,9 V; 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. c0-1t%� 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. - 5e.�_ � Q � i(2)" Upon request, the Contractor shall attach a financialtatement and other information sufficiently comprehensive to permit an appraisal offe Contractor's current financial conditions. ATOM Engineering Constrwtion, IAa e "l Bidder Authorized Signature/Title 12 City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County ofTvtrs`rae, ) Larry , being first duly sworn, deposes and says that he or she—Is of VA : n the party making the foregoing bid; hat the bid is not made in the interest of, r on behal' f, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the S California that a foregoing is true and correct. ATOM &Rmmm Constt w" nc. }arx Bidder Authorized Signature/Title V Subscribed and sworn to (or affirmed) before me on this day of 2016 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 Bidder's n Provide the names, addresses, and phone whom Bidder intends to procure insurance pt 14 mbers for all brokers and sureties from bonds (list by insurance/bond type): ALL- PURPOSE CERTIFICATE OF 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 Riverside } On 4/8/16 before me, Laura Lee Marin, Notary Public (ere inse nor aAl m el o irt�Rce�—' personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that 1e he/they executed the same in Is er/their authorized capacity(ies), and that by Is er/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. LAURA LEE MARIN 411 Commission No. 2101934 WITNESS my hand and official seal.NOTARYPUBLIC-CALIFORNIA RIVERSIDE COUNTY . E■plres MARCH 2, 2019 hX \ clary Publlc Signal (Notary Public Seal) /_1 al 9110[01. I_1IL0121[01Llfi1i 1>LI,7i]:ll5/-1 IlI DESCRIPTION OF THE ATTACHED DOCUMENT Non -Collusion Affidavit (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date 4/8/16 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer Secretar (Tit e) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version vaww.NotaryClasses.com 800-873-9865 :)N INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • 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 signer(s) personally 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 (re. he/she/Hrey– is /are ) or circling the correct forms. Failure to correctly indicatethis information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not 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 most match the signature on file with the office of the county clerk. 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. 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 with a staple. City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 DESIGNATION OF SURETIES ATOM Enginecr'ng Constrachon, Inc - Bidder's 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): r 'C ne Of 9 ale a 71.et) - 738-2LVI o City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name ATOM Engincenag uousautton tnc: 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 2015 2014 2013 2012 2011Total 2016 No. of contracts t0 q I) 7 Total dollar Amount of l�'t8c•DpO ry, 3teB, Contracts (in Thousands of $ 1a994y© 1,85�,� 11SoIoaD No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of em to ment gy X/ 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 ATOM En&eOri>3gConstmtiOn,wt- Business Address: yin" ty V, t, -a U, \�txe'tS��q-35N�� Business Tel. No.: State Contractor's License No. and Classification: `11�a3RE3 �, 3 Title ,_� }��f The above information was compiled from the record 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 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 ALL- PURPOSE CERTIFICATE OF 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 Riverside On 4/8/16 before me, Laura Lee Marin ere insert name and late W the icer personally appeared Tamara Boyer and Larry Boyer who proved to me on the basis of satisfactory evidence to be the person sawhose name(D isit r subscribed to the within instrument and acknowledged to me that he/sheil#ij3aexecuted the same in his/he elr uthorized capacityqeo and that by his/herljtelo signature((7s on the instrument the persol-Q , or the entity upon behalf of which the person sDacted, 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. :h FF M.ARIN a-•� y;,» WITNESS my hand and official seal. * re Commission %o e z ^* s � NOTARY PUBLIC -CALIFORNIA � •r�RIVERSIDE COUNTY ^ �111. *Y COMM. ttealllIMCH 2, 2919 � tsry Public Sig (Notary Public Seal) DESCRIPTION OF THE ATTACHED DOCUMENT Contractor's Industrial Safety Record (Title or description of attached document) (Title or description of attached document continued) Number of Pages ? Document Date 4/8/16 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer President and Secreta (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version m m.NotaryClasses.com 800-873-9865 :)N INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknotwedgents from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • 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 signer(s) personally appeared which must also be the same date the acknowledgment 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 title (notary public). • Print the names) 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. he/she/gwe is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must he clear and photographically reproducible, Impression must not 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. 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. 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 with a staple. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA VILLAGE ENTRY ARCH SIGN CONTRACT NO. 7011-1 DATE: MARCH 30, 2016 BY: $ City ngineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. 1. Notice Inviting Bids — Cover Sheet a. The Notice Inviting Bids cover sheet shall be replaced with the attached signed PDF copy from this Addendum No. 1. 2. Replace Section 7-15 Contractor's Licenses in its entirety with the following: At the time of the award and until completion of work, the Contractor shall possess a "C- 10", "C-45", or "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 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. ATOM Engineering Construction, Inc: Bidder's Name (Please Print) g�b� Date n Signature & Title 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. ATOM Engmee* Construction, laid Bidder's Name (Please Print) Date' 'A Signature & Title CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 10:00 AM on the 14th day of April, 2016, at which time such bids shall be opened and read for BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 $ 210,000.00 Engineer's Estimate Approve by r Mak Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids: http:llwww.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans may be purchased from Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classifications) required for this project: "C-10", "C-45" or "A" For further information, call Eric Loke, Project Manager at (949) 644-3336 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbea chca. gov/g overn m ent/o pen-tra nspa ren Uonl ine- services/bid s-rfps-vendor-req istra tion CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 BALBOA VILLAGE ENTRY ARCH SIGN CONTRACT NO. 7011-1 DATE: APRIL 6, 2016 BY: ity 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. Special Provisions, Page 13, Item No. 3: As a clarification, potholing is to be the full depth of the reinforced concrete foundations for both the north and south pedestal locations and completed prior to ordering required project materials and the fabrication of entry arch sign. 2. Special Provisions, Page 14, Item No. 13: As a clarification, this item shall include, but not limited to, the cost of all labor, equipment, and materials for dewatering necessary for the installation of reinforced concrete foundations for both the north and south pedestal locations. 3. Special Provisions, Page 18, 303-1.2 Subgrade for Concrete Structures: Remove in its entirety and replace with: Add to this section: "General existing fleld conditions of a water table level of three (3) to four (4) feet below finish grade. The Contractor shall monitor and account for the tide cycle in order to utilize necessary dewatering procedures required for the installation of reinforced concrete pedestal foundations. Dewatering shall be in conformance with all applicable local, state, and Federal laws and permits issued by jurisdictional regulatory agencies. The Contractor shall submit its proposed plan and methodology of dewatering, treatment if necessary, and disposal of accumulated water. If the proposed disposal location is a sanitary sewer or storm drain system, the Contractor shall submit to the Engineer written evidence of permission from the owner." Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. ATOM Engineering ConstrrUction, ine. Bidder's Name (Please Print) Authorized Si§rtMture & Title City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name ATOM EnginCM* COnstI M 10n, lwc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I f I Sionature 17 City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: ATOM Engineering Constrttotion, Ino. Business Address: 6. on" vo \L'Sict 3C , ttf x-Ay� 0,1{}- Telephone and Fax Number: 9Sf-7teto^ XDlo �cx 951- Lo�B- 537 California State Contractor's License No. and Class:—1 64'ISR (REQUIRED AT TIME OF AWARD) Original Date Issued:_ Expiration Date:L 0 _©)1tp List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of P. W EM -1 tea -A t4 - 74t? -c'} tr The dates of any voluntary or involuntary bankruptcy judgments against any principal having 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: 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; you ever had a contract terminated by the owner/agency? If so, explain. you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes No 19 Are any claims or actions unresolved or outstanding? Yesl� 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. (Print name of Own 'r r President ATOM Engineering r;,40,UWtlgk> o orporation/Comp ny) blXAAA Bidder Authorized Signatu tle Title � aI, t& On 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 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. (SEAL) Notary Public in and for said State My Commission Expires: 20 ALL- PURPOSE CERTIFICATE OF 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 Riverside } On 4/8/16 before me, Laura Lee Mann,allotary PubleG.rl personally appeared Tamara Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is re subscribed to the within instrument and acknowledged to me that he/ fipthey executed the same in his( !their authorized capacity(ies), and that by his(Tl�e their signature(s) on the instrument the person(s-), or the entity upon behalf of which the person(a) 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. ,r V LAURA LEE MARIN Commission No.2101934 NOTARY PUBLIC- ORNIA �Y,�/��R1 DE CALIF n f s o .h CP1 1 Pv �fy ■ - COUNTY MY Comm Ertpvq 1yI,�ROH2 A1C cPt Public Sign (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TFUS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT fneeded, should be completed and attached to the document. Acknohvedgents¢om other states may be completed for documents being sent to that state so long as the Information Required of Bidder warding does not require the California notary to violate Callfornia notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. Number of Pages 3 Document Date 4/8/16 • The notary public must print his or her time as it appears within his or her commission followed b a comma and then our title no y y ( tory public). • Print the motels) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i e, he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. 0 Corporate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match thesignature on file with the office of the county clerk. [3 Attorney -in -Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is nm misused or attached to a different document. Other 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). 2015 Version www.NotaryClassesacont 800-873-9865 • Securely attach this document to the signed document with astaple , Attachment "B" ATOM ENGINEERING CONSTRUCTION, INC. 40410 VISTA RD., HEMET CA 92544 OFFICE (951)766.2806 FAx (951)658.4937 ESTIMATING@ATOMENGCONST.COM STATEMENT OF EXPERIENCE Larry Boyer, Superintendent: Education: BA Business Administration La Sierra University, 1995 Current secretary and superintendent of AToM Engineering Construction, Inc. Larry Boyer started as a laborer in 1982 and progressed to a Union Carpenter for 9- 1/2 years before becoming a Superintendent for Mitchell Pacific Construction in the late 1990's. Larry successfully completed over $33 million dollars worth of work for DenBoer Engineering Construction during his 12 years there. Since 2009 he has successfully completed over 70+ jobs for three of his own companies, ATom Engineering Construction, Inc., AToM, Inc. and AToM Engineering Construction. Laura Marin, Project Management: Laura Marin started as a Document Controller for Allied Mechanical where she moved up thru the company and in 2 years had become a project manager. She spent the next 2 years managing various aspects of operations including all internal audits of systems and procedures. She then was offered a position as Assistant Controller for GH Dairy where over the next 3 years she gained experience and knowledge overseeing and managing a variety of company operations including personnel. Laura started with ATOM Engineering Construction, Inc. as project manager in 2015. Dan Cook, Superintendent: Education: Auto Technician Union College, 1975 Current Superintendent of AToM Engineering Construction, Inc. Dan Cook has worked for many years in positions that required him to work on and with heavy equipment however, we will cover the past 3 positions held. In 1989 Dan began working for Battlement Mesa Company in Colorado. His position was to maintain and operating their equipment. After being there a few years he was promoted to Foreman and remained there until 1997 when he started his own company, Cook's Backhoe Service. For 18 years, Dan ran a successful company, completing a wide variety of contracts. Recently he decided to relocate to California to be closer to his children and grandchildren. In October of 2015 Dan joined the team at ATOM Engineering Construction, Inc. With his many years of experience and knowledge he will be a strong asset on the jobsite. BALBOA VILLAGE ENTRY ARCH SIGN CONTRACT NO. 7011-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of May, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ATOM ENGINEERING CONSTRUCTION, INC., a California corporation ("Contractor'), whose address is 40410 Vista Road, Hemet, California 92544, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing existing street lighting facilities, installing reinforced concrete pedestals, fabricating and installing steel arch sign structure, installing all primary and decorative LED lighting fixtures and appurtenances, installing all necessary electrical components, restoring hardscape, potholing, and all other items shown on, but not limited to plan R -6064-S and in the Special Provisions Supplemental (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, 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. 7011-1, 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 Two Hundred Thirty Four Thousand Three Hundred Ninety Eight Dollars and 001100 ($234,398.00). 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. 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 Larry Boyer 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. Atom Engineering Construction, Inc. Page 2 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 Department City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Larry Boyer Atom Engineering Construction, Inc. 40410 Vista Road Hemet, CA 92544 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 Atom Engineering Construction, Inc. Page 3 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. 9. BONDING 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°/x) 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. 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 Atom Engineering Construction, Inc. Page 4 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. 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be Atom Engineering Construction, Inc. Page 5 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 and/or Services 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 and/or Services, 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, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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 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. Atom Engineering Construction, Inc. Page 6 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 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 Atom Engineering Construction, Inc. Page 7 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 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, religious creed, color, national origin, Atom Engineering Construction, Inc. Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, 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] Atom Engineering Construction, Inc. Page 9 IN WITNESS WHEREOF, the executed on the day and year first writt APPROVED AS TO FORM: CITY ATTORN S OFFICE Date: t lI By:� 11 l%; Vel II Aaron C. Harp om eSIZNIIV City Attorney ATTEST: Date: P1 1 (e parties h en above. By: 'u- A�tm-- City Clerk Attachments: ereto have caused this Contract to be CITY OF NEWPORT BEACH, a California mu .ci pa l orppr�tion Date: ry By: lane B. Dixon Mayor CONTRACTOR: Atom Engineering Construction, Inc., a California corporation Date: By: Signed in Counterpart Tamara Boyer President Date: By: Signed in Counterpart Larry Boyer Secretary [END OF SIGNATURES] Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements Atom Engineering Construction, Inc. Page 10 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 ATTORN 'S OFFICE Date.- By ate:ByI til ['VI l Aaron C. Harp PM 6St1Npu City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Diane B. Dixon Mayor CONTRACTOR: Construction, Inc. Date: llo i amara Boyer President Date:... ah1llp By Larry Boyer Secretary [END OF SIGNATURES] Atom Engineering a California corporation Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Atom Engineering Construction, Inc. Page 10 EXECUTED IN DUPLICATE BOND NO. RCB0002063 PREMIUM INCLUDED IN PERFORMANCE BOND EXHIBIT A CITY OF NEWPORT BEACH BOND NO. RCB0002063 LABOR AND MATERIALS PAYMENT BOND WHEREAS, theDD94DP,Newport Beach, State of California, has awarded to ATOM ENGINEERING, I ., ereinafter designated as the "Principal," a contract for. removing existing street lighting facilities, installing reinforced concrete pedestals, fabricating and installing steel arch sign structure, installing all primary and decorative LED lighting fixtures and appurtenances, installing all necessary electrical components, restoring hardscape, potholing, and all other items shown on, but not limited to plan R- 6064 -S and in the Special Provisions Supplemental, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of Calffomia, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Four Thousand Three Hundred Ninety Eight Dollars and 001100 ($234,398.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Atom Engineering, Inc. Page A-1 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 13TH day of MAY 2016 ATOM ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 949/341-9169 Telephone APPROVED AS TO FORM. CITYATT RN Y'S OFFICE Date:__ By: Aaron C. Harp aM aslivitt(1 City Attorney r Curt Authorized Signature(I-itle A.- o- d Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering, Inc. 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(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. 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. 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) Atom Engineering, Inc. Page A-3 ALL- PURPOSE CERTIFICATE OF 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 Riverside } On 5/16/16 before me, Laura Lee Marin, Notary PuY1 eblic I ere rn name an f7aoo mer personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&)(Noare subscribed to the within instrument and acknowledged to me that lelshe/they executed the same in Is er/their authorized capacity(ies), and that by is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persorl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. `m>>, LAURA LEE MARIN WITNESS my hand and official seal. P t Commission No. 2101934 Yi NOTARY PUBLIC-CALIFORNIA .. s �J ' w RIVERSIDE COUNTY MY Comm. Expires MARCH 2, 2079 n �> of Public SIg atun (( otsry Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Th(s form comphes or h current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Aehnobvedgentsfrom other states may be completed for documents being sent to that state so long as the Labor and Materials Payment Bond wording does not require the California notary to violate California notary law. (Title or description of attached document) • 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 signer(s) personally appeared which (Title or description of attached document continued) 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 Number of Pages Document Date 5/13/16 commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this ❑ individual (s) information may lead to rejection of document recording. O Corporate Officer • The notary seal impression must be clear and photographically reproducible. Secreta Impression must not cover text or lines. If seal impression smudges, re-seal if a (Tit e) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(&) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 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 It e, CEO, CFO, Secretary), 2015 Version www.NolaryClasses.com 800,873-9865 • Securely attach this document to the signed document with a staple. 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 SAN DIEGO ) On 5/13/2016 Date before me, MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(&) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/ere subscribed to the within instrument and acknowledged to me that hefsh&ghep executed the same in his/lierAhelr authorized capacity0es), and that by his/4eW4h& 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. MICHELLE M. BASUIL COMM # 2034911 Signature 1^rvCE.'.I'L iC7q-t, K Z - SAN DIEGO COUNTY Signature of Notary Public QQ NOTARY PUBLIC -CALIFORNIA Z MY COMMISSION EXPIRES AUG. 24, 2017 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: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual N 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 LGV✓5\.':4 \✓.R'✓ L'✓.<vG\"✓•4C_✓.4<✓K%4L%`%4(%G(✓4('✓G'✓ \+�/GL✓\✓4(✓GVGV4�4<%K�4G'/.4�."✓4`'✓,4�✓,G�4C✓Gt G v✓1� RLI® chic an RM Comysny 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola. Michelle M. Basuil, John Maloney, Helen Maloney Jisselle Marie Sanchez jointly or severally in the City of Escondido State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10.000.000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this -2t—h day of March. 2016. `0¢w• 0 0PPOflgJ�•2m SEAL .1 '• OJ F2 `` State of Illinois ••....• SS uuflos County of Peoria NCE RLI Insurance Company JP?Nc �O -; Contractors Bonding and Insurance Company 40pP Oflq f�,.y<� SEAL I ' Barton W. Davis Vice President On this 9th day of March 2016 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. I•I "OFFICIAL SEAL' JACQUELINE M. BOCKLER COMMISSION EXPIRES OIIIV18 CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 13TH day of MAY 2016 . RLI Insurance Company Contractors ;nn ing d Ins ace Company Barton W. Davis _]]1177 /&/.w� Vice President 0456693020212 A0059115 EXECUTED IN DUPLICATE BOND NO, RCB0002063 PREMIUM: $4,516.00 y p B PREMIUM IS FOR CONTRACTTERM EXHIBIT AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. RCB0002063 The premium charges on this Bond is $ 4,516.00 , being at the rate of $ 25.00/$15.00 PER thousand of the Contract price. WHEREAS, thqDT9 Newport Beach, State of California, has awarded to � C ATOM ENGINEERING, ereinafter designated as the "Principal," a contract for: removing existing street lighting facilities, installing reinforced concrete pedestals, fabricating and installing steel arch sign structure, installing all primary and decorative LED lighting fixtures and appurtenances, installing all necessary electrical components, restoring hardscape, potholing, and all other items shown on, but not limited to plan R- 6064 -S and in the Special Provisions Supplemental, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Four Thousand Three Hundred Ninety Eight Dollars and 00/100 ($234,398.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls 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 shalt be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Atom Engineering, Inc. Page B-1 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 formai 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 13TH day f MAY 2016 ATOM ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 9491341-9169 Telephone APPROVED AS TO FORM: CITY ATJORN Y'S OFFICE Date: _ By:n--\M VV Aaron C. Harp ChM cc ittiprp City Attorney Authorized Signature/Tit e ���• - IIIJJJ Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering, Inc. 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 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 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) Atom Engineering, Inc. Page B-3 ALL- PURPOSE CERTIFICATE OF 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 Riverside } On 5/16/16 before me, Laura Lee Marin, Notary Public ere msec'—Tneme awn f e e o personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) Is re subscribed to the within instrument and acknowledged to me that (5j%he/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(a), 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. LAURA LEE ivlZ N WITNESS my hand and official seal. ' Commission No. 2101934 t �% NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY ( My Comm. Expires MARCH 2, 2019 :r ,.,� o ary Public Si JR tuy n 1(Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR CONPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknolwedgentsfrom other states may be completed far documents being sent to that state so long as the Faithful Performance Bond wording does not require the California notary to violate California notary law. (Title or description of attached document) • 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 signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. Number of Pages ? Document Date 5/13/16 • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). - Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/fhey— is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. [j] Corporate Officer • The notary seal impression must be clear and photographically reproducible. Secreta m Impression must not cover text or lines. If seal impression smudges, re -seal if a ( It e) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. E] Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version vnNw.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with astaple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE <.m< ,..., .ate- ....A .a-.T� .��..T<_., < .<T<.:..< � <^< <,< < <� <.«..<...«.<. .,<.�•.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 SAN DIEGO ) On 5/13/2016 before me, MICHELLE M. BASUIL, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(e) of Signer(e) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) isAve subscribed to the within instrument and acknowledged to me that hefshekkey executed the same in his"n,e64hek authorized ca aci p ty' ,and that by hi 'signature on the Instrument the person(e), 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. MICHELLE M. BASUIL COMM # 2034911 Z , SAN DIEGO COUNTY Signature+�� QQ NOTARY PUBLIC -CALIFORNIA Z Signature of Notary Public MY COMMISSION EXPIRES AUG. 24, 201 7 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(jes) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual N 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 o r . an Friv . . e ..1115- 10611F. r RLI® cbic an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola. Michelle M. Basuil, John Maloney. Helen Maloney Jisselle Made Sanchez jointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WIIPREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 9th day of March, 2016. �G , pNCE,00" `• 0o"a,L ..... •,,•yJp , z. SEAL .:f =_ •. SEAL: State of Illinois •'• <$` '• ' '",�<L SS .. 0.ux°Is IN055o'� County of Peoria On this 9th day of March2016 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding ' and Insurance Company e6 W .i Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 13TH day of MAY 2016. �—l�PB L RLI Insurance Company M. Bockler Notary Public Contractors o ing d ce Company i , /Z/.]K xounr "OFFICIAL SEAL" Barton W. Davis r�OO JACQUELINE L 60CKLER Vice President 8 A1EC qualms COMMISSION EXPIRES 01/1411a 0456693020212 A0059115 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 Atom Engineering Construction, Inc. Page C-1 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 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Atom Engineering Construction, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 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 Atom Engineering Construction, Inc. Page C-3 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 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Atom Engineering Construction, Inc. Page C-4 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Atom Engineering Construction, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/6/16 Dept./Contact Received From: Raymund Date Completed: 5/16/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: ATOM Engineering Construction Inc. Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/23/15-8/30/16 A. INSURANCE COMPANY: _Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A: XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M/2M 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 I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/30/15-8/30/16 A. INSURANCE COMPANY: Century National Insurance Company B. AM BEST RATING (A-: VII or greater) A: IX 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? iM E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/15-8/1/16 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): N/A C. ADMITTED Company (Must be California Admitted): ® Yes [-]No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ED N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® 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: 06�� - Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/16/16 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 approval needed due to General Liability carrier being non -admitted 5/6/16 Sheri Approved Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN Contract No. 7011-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7011-1 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: � I Date Bidder's Telephone and Fax Numbers h'azw, z Bidder's License No(s). and Classification (s) Bidder's email address: PR -1 ATOM Engmccrtag t;0n5t=fi0n, Tnc. Bidde Bidder's Authorized Signature and Title 1J�g c U, i4MAA PA `13s;uL) Bidder's Address City of Newport Beach BALBOA VILLAGE ENTRY ARCH SIGN (C-7011-1), bidding on April 14, 2016 10:00 AM (Paclfic) Bid Results Bidder Details Vendor Name ATOM Engineering Construction, Inc. Address 40410 Vista Rd Hemet, CA 92544 United States Respondee Laura Marin Respondao Title Project Manager Phone 951-766-2806 Ext. Email estlmating@atomengconst.com Vendor Type WBE License 4 962398 CA DIR Bid Detail Bid Format Electronic Submitted April 14, 2016 9:4123 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 77723 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Bid Submittal C-7011-1 ATOM Engineering Bid Submittal.pdf Bid bond Bid Bond.pdf Line Items Type Item Code UOM qty Unit Price Section 1 1 Mobilization and Traffic Control Lump Sum 1 $33,000.00 2 Provide As -Built Plans Lump Sum 1 $500.00 3 Full Depth Potholing Lump Sum 1 $5,500.00 4 Remove and Salvage EAsting Streetlight Standard Per Each 2 $2,200.00 5 Remove and Salvage Existing Signs Per Each 3 $1,000.00 PlanotBids, Inc. File Type Bid Submittal Bid Bond Line Total Comment $33,000.00 $500.00 $5,500.00 $4,400.00 $3,000.00 Page 1 City of Newport Beach Page 2 BALBOA VILLAGE ENTRY ARCH SIGN (C-7011-1), bldding on April 14, 2016 10:00 AM (Pacific) Bid Results Type Item Code UOM qty Unh Price Line Total Comment 6 Furnish and Install #5 F Concrete Pull Box Per Each 1 $2,000.00 $2,000.00 7 Furnish and Install 1-1/4" PVC Conduit Linear Foot 150 $40.00 $6,000.00 8 Furnish and Install Four (4) #8 Insulated Conductors Linear Foot 550 $13.00 $7,150.00 9 Modify Existing Service Enclosure Per Each 1 $6,000.00 $6,000.00 10 Furnish and Install Subpanel with Four (4) 20AMP 120V Circuit Breakers in NEMA 4X Rated Enclosure Per Each 1 $5,000.00 $5,000.00 11 Remove Existing Treea/Shrubs from Existing Planter/Tree Well Lump Sum 1 $1,500.00 $1,500.00 12 Cap Existing Imgation Lateral Per Each 2 $400.00 $8W.00 13 Fabricate and Install Entry Arch Sign Lump Sum 1 $143,048.00 $143,048.00 14 Restoration of All Exposed Surfaces, including Llthocretei1° Sidewalk, to Conform In Grade, Color, Dimension, and Finish to Existing Conditions Square Foot 100 $166.00 $16,500.00 Subtotal $234,398.00 Total $234,398.00 Subcontractors Name &Address Description License Num Amount Type GrayCo Electric, Inc. Electrical 977951 $19,700.00 PO Box 13311 Palm Desert, CA 92265 United States Shaw & Sons Concrete Lithocrete 274144 $9,800.00 829 W. 17th St. #5 Costa Mesa, CA 92627 United States PlanoWidr, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA VILLAGE ENTRY ARCH SIGN CONTRACT NO. 7011-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6064-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 7 News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5.1.1 Plans Included as part of the Contract Documents are the following which show the location, character, dimension and details of the Work: 1) Project Plans The plans and data provided with the Contract Documents are based on existing plans and documents. The plans and data are provided for information per available records. The City does not guarantee their accuracy and correctness. If the Bidder in preparing the Bid Proposal uses this information, the Bidder assumes all risks resulting from conditions differing from the information shown. The Bidder, in consideration for the information being provided, hereby releases the City from any responsibility of obligation as to the accuracy of such information or for any additional compensation for work performed due to assumptions based on the use of such information. Page 1 of 19 2) Standard Plans a. City of Newport Beach Standard Plans, latest edition b. Standard Plans for Public Works Construction (SPPWC), latest edition, promulgated by Public Works Standards, Inc. c. Standard Plans of the State of California Department of Transportation (Caltrans), 2010 edition 2-5.1.2 Specifications The Work shall be performed or executed in accordance with these Special Provisions, the Special Provisions Supplemental and the following: 1) Standard Specifications for Public Works Construction, latest edition and supplements thereto, hereinafter referred to as the SPPWC, as written and promulgated by Public Works Standards, Inc. The Standard Specifications are published by BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Phone: (714) 517-0970. 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing street lighting facilities, installing reinforced concrete pedestals, fabricating and installing steel arch sign structure, installing all primary and decorative LED lighting fixtures and appurtenances, installing all necessary electrical components, restoring hardscape, potholing, and all other items shown on, but not limited to plan R- 6064 -S and in the Special Provisions Supplemental." Note to the Contractor: The order of work shall be per Section 6-1.1 of these Special Provisions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the Engineer to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Page 2 of 19 Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.2 Line and Grade Add to this section: "The City will provide one set of construction staking as required to construct the improvements. Additional stakes or re -staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back -charged for the cost of restoring any survey ties and/or monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." 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. Page 3 of 19 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 to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3`d paragraph: 'Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. Page 4 of 19 5-8 SALVAGED MATERIALS The Contractor shall salvage all existing street light standards and luminaires, service disconnects, pull boxes, utility manhole (including grade rings), meter or valve box covers, and all removed cast iron pipes as identified by the Engineer. Salvaged materials shall be delivered to Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements a minimum of two working days prior to delivery of salvaged equipment, by contacting the City of Newport Beach Utilities Division at (949) 644-3011. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed." 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten working days prior to commencing any work. The 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. The following items shall be considered when preparing the project schedule: 1. Planned lane closures will be limited or prohibited during daytime working hours during the peak summer months. 2. Upon the issuance of Notice to Proceed, the Contractor shall mobilize and proceed with full depth potholing at the north and south reinforced concrete pedestal locations as the priority, prior to ordering additional materials. 3. Upon successful exploratory results from full depth potholing, the Contractor shall proceed with the ordering of materials, installation of the north and south reinforced concrete pedestals, and fabrication of entry arch sign. Once the pedestal work is complete, the job site must be left in a clean and safe condition. The Contractor Page 5 of 19 shall then demobilize until the entry arch sign has been fabricated and scheduled for installation. 4. Upon delivery of the entry arch sign, the Contractor shall remobilize to complete all remaining work to completion. 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King, Jr. Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Daytime working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. Night time working hours for is limited to 9:00 p.m. to 5:00 a.m. Sunday through Wednesday. Daytime lane closures will only be permitted from 9:00 am to 3:00 pm. Night time lane/road closures will only be permitted from 9:00 pm to 5:00 am. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours or hours detailed above, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 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 Page 6 of 19 shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $216 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 $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,077 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water. Page 7 of 19 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section, Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca..qov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Page 8 of 19 Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian, bicycle and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All signs shall be reflectorized and/or lighted. To the extent possible, signs shall not be placed in a manner that blocks sidewalks or bike lanes. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. Page 9 of 19 5. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Changeable Message Signs (one (1) for eastbound and one (1) for westbound E. Balboa Boulevard) shall be placed one week prior to the start of construction. The signs shall remain in place until north and south reinforced concrete pedestals are complete. Locations to be approved by the Engineer. 7. The contractor shall take special care to place construction signs and CMS to reduce the impact to pedestrians, cyclists and motorists. Where appropriate, shoulder signs may be placed on wide sidewalks where 48 inches of clear pathway may be maintained. 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY' signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Page 10 of 19 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY' signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. 7-10.8 Notice to Residents and Temporary Parking Permits Add to this section: "Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses, in the area bounded by E Bay Avenue, Palm Street, Ocean Front E and Cypress Street, a second written notice prepared by the City indicating in the space provided on the notice when construction operations will start, what disruptions may occur, and approximately when construction will be complete. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. Page 11 of 19 The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Traffic Control: Mobilization and Demobilization: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for mobilization, providing bonds, insurance and financing, obtaining an equipment and material storage site, construction surveying, preparing the BMP Plan, exploratory work, preparing and updating construction schedule, providing submittals, attending all construction meetings, demobilization, completing all reporting documents, and all other related work as required by the Contract Documents. Traffic Control: Work under this item shall include providing all traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow boards and changeable message signs, temporary striping, flag persons. This item includes furnishing all labor, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition and City of Newport Beach requirements. Full depth potholing provided in Bid Item 3. This item shall include cost to furnish, setup, and remove two (2) Changeable Message Signs for westbound and eastbound directions of E. Balboa Boulevard as directed by the Engineer. Item No. 2 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $500.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Page 12 of 19 Item No. 3 Full Depth Potholing: Work under this item shall include the cost of all labor, equipment and materials required to perform full depth potholing and exploration for the concrete foundations to be poured for the north and south reinforced concrete pedestal locations to determine the location and depth of all utilities, including service connections, per the Plans, the Special Provisions and Supplemental. Item shall be complete prior to ordering required project materials and the fabrication of entry arch sign. Item No. 4 Remove and Salvage Existing Streetlight Standard: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and salvage existing streetlight standards (SLC8000 and SLC8062) for delivery, by the Contractor, to the Utilities Yard at 949 West 16th Street, Foundations are to be abandoned in place and shall have the top of the foundation, anchor bolts and conduits removed to a depth of 2 feet below finished grade and the resulting hole backfilled with materials equivalent to the surrounding or proposed surrounding materials per the Plans, the Special Provisions and Supplemental. Restoration of all exposed surfaces provided in Bid Item 14. Item No. 5 Remove and Salvage Existing Signs: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and salvage existing signs for delivery, by the Contractor, to the Utilities Yard at 949 West 16th Street per the Plans, the Special Provisions and Supplemental. Item No. 6 Furnish and Install #5 F Concrete Pull Box: Work under this item shall include the cost of all labor, equipment and materials required to furnish and install #5 F Pull Boxes per City Standard STD -204-L and STD -205-L, and per the Plans, the Special Provisions and Supplemental. This item includes conduit work, if necessary. Restoration of all exposed surfaces provided in Bid Item 14. Item No. 7 Furnish and Install 1-1/4" PVC Conduit: Work under this item shall include the cost of all labor, equipment and materials required to furnish and install 1- 1/4 inch Schedule 40 PVC conduit per the Plans, the Special Provisions and Supplemental. This item includes work within existing and new pull boxes, through the pedestal foundation and steel column/arch structure if necessary. Conduit ends shall be sealed with ductseal or approved equal. Item No. 8 Furnish and Install Four (4) #8 Insulated Conductors: Work under this item shall include the cost of all labor, equipment and materials required to furnish and install four (4) #8 stranded THWN conductors and appurtenances to make required connections in existing service enclosure, then continuing through existing conduit and pull boxes, to new adjacent pull box to north concrete footing and pedestal, routed through steel arch structure, up to subpanel behind logo sign cabinet per City Standard STD -205-L, and per the Plans, the Special Provisions and Supplemental. Conductors shall be continuous (without mid -splices) from point of service to subpanel. This item includes providing 10 feet of slack in pull box provided in Bid Item 6. Continuous, distinct and color -coded insulation shall be one of each: black, red, white and green. Modification to existing service enclosure provided in Bid Item 9. Page 13 of 19 Item No. 9 Modify Existing Service Enclosure: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for modifying the existing service enclosure to provide new 3 -pole contactor (ABB A63-30-00-84 110- 120 VAC COIL, 65 amp AT 3-PHASE) and city -furnished photoelectric cell socket / bracket and appurtenances; coordinating with the Engineer and City Electrician; connecting conductors and wiring; labeling circuits per NEC; and all other items to complete work in place per the Plans, the Special Provisions and Supplemental. Work shall be completed to the satisfaction of the Engineer prior to proceeding with remaining scheduled work. Item No. 10 Furnish and Install Subpanel with Four (4) 20AMP 120V Circuit Breakers in NEMA 4X Rated Enclosure: Work under this item shall include the cost of all labor, equipment and materials to furnish and install new subpanel (Eaton/Cutler- Hammer or pre -approved equal), four (4) 20 amp 120V breakers for the required circuits installed in new NEMA 4X Rated Enclosure. The subpanel enclosure shall be installed per NEC, sized to fit within space below removable access panel located on top of upper steel arch member behind logo sign cabinet, and be accessed via 'Thanks" logo side per the Plans, the Special Provisions and Supplemental. Entry arch sign provided in Bid Item 13. Item No. 11 Remove Existing Trees/Shrubs from Existing Planter/Tree Well: Work under this item shall include the cost of all labor, equipment and materials for removing existing trees and/or shrubs; disposing of materials; and all other items to complete work in place per the Plans, the Special Provisions and Supplemental. Restoration of all exposed surfaces provided in Bid Item 14. Item No. 12 Cap Existing Irrigation Lateral: Work under this item shall include the cost of all labor, equipment and materials to cap existing irrigation lateral exiting last planter/tree well on north and south side of E. Balboa Boulevard per the Plans, the Special Provisions and Supplemental. Item No. 13 Fabricate and Install Entry Arch Sign: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to fabricate, furnish and install poured in place reinforced concrete foundations at north and south pedestal locations, fabricated steel arch structure with welded attached waves, two (2) LED luminaires (Environmental Lighting for Architecture, Inc. from OCS Lighting and Control: Fairfax FFX-14-PT-H5-110LED-120-FG-CUSTOM-HSS), other lighted features (white LED letters, carved sign foam LED shells & starfish, "FUN ZONE" logo with LED lighted face and perimeter lighting, 'THANKS' logo with LED lighted letters/face and left -side hinge for access to service electrical components), banners with removable banner poles, removable access panel, two (2) duplex power receptacles in weatherproof boxes, and subpanel, circuit breakers and NEMA enclosure, and all associated LED transformers, conductors, wiring and conduit routed through steel structure per NEC and per the Plans, the Special Provisions and Supplemental. The subpanel, circuit breakers and NEMA enclosure provided in Bid Item 10. Page 14 of 19 Item No. 14 Restoration of All Exposed Surfaces, including LithocreteTM Sidewalk, to Conform in Grade, Color, Dimension, and Finish to Existing Conditions: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to restore all exposed surfaces, including LithocreteTM sidewalk at removed streetlight standard locations and new north/south pedestal locations, to conform in grade, color, dimension, and finish to existing conditions per the Plans, the Special Provisions and Supplemental. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class Add to this section: "Portland Cement concrete for construction shall be Class 560-C- 3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel Add to this section: "Reinforcing steel shall be Epoxy -coated Grade 60 steel conforming to ASTM A 775 with 2 -inch minimum cover unless shown otherwise on the plans." 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout Add to this section: The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. Page 15 of 19 SECTION 209 — ELECTRICAL COMPONENTS 209-2 MATERIALS 209-2.1 Electroliers. Light fixtures shall conform to the City of Newport Beach Standard Special Provisions, Special Provisions Supplemental, as noted on the plans. Light fixtures on top of north and south pedestals shall be: Environmental Lighting for Architecture, Inc. (ELA), 110 watt, 120 volt, Fairfax FFX-I4-PT-H5-110LED-120-FG-CUSTOM-HSS. Contact: OCS Lighting and Control at (858) 514-4000. LED fixtures shall be warranted a minimum of 5 years from the date of project acceptance. 209-2.2 Threaded Connections. All threaded connections shall have pre - approved anti -seize compound. 209-2.3 Conduit. Unless otherwise noted on the plans, conduit shall be 1'/" Schedule 40 PVC. Conduit ends shall be sealed with ductseal or approved equal. 209-2.4 Wire. Wiring from service to subpanel shall consist of four (4) #8 insulated conductors with insulation color of one of each: black, red, white, and green. Conductors shall be THWN and stranded. Pull boxes shall be Eisel Enterprises No. 5F or pre -approved equal per City Standard STD -204-L and STD -205-L as noted on the plans. 209-2.5 Contactors. Contactor shall be ABB A63-30-00-84 110-120 VAC COIL, 65 amp at 3-phase. 209-2.6 Subpanel. Subpanel shall be Eaton/Cutler-Hammer or pre -approved equal. 209-2.7 Circuit Breakers. Circuit breakers shall be 20 amp 120V type. 209-2.8 Enclosure. Enclosure for subpanel shall be NEMA 4X rated and in compliance with the NEC. 209-2.9 Photocell. The photoelectric cell socket / bracket and related appurtenances shall be furnished by the City. 209-2.10 Metal Outlet, Device, and Small Wiring Boxes. Page 16 of 19 209-2.10.1 General. Boxes shall be of type, shape, size, and depth to suit each location and application and conform to UL 514L and UL 514B. 209-2.10.2 Cast Aluminum Boxes with Hinged Doors. Copper -free aluminum with bolted, hinged door, gasketed covers, threaded raceway entries, and features and accessories for each location including mounting ears, threaded screw holes for devices and closure plugs. 209-2.11 Receptacle. Electrical receptacle shall be duplex GFCI and weather - resistant type. PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth saw cuts. Final removal between the saw cut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements Page 17 of 19 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Add to this section: "General existing field conditions consist of a water table level of three (3) to four (4) feet below finish grade. The Contractor shall monitor and account for the tide cycle in order to utilize necessary dewatering procedures required for the installation of reinforced concrete pedestal foundations." 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General Page 18 of 19 Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." Page 19 of 19 BALBOA VILLAGE ENTRY GATEWAY SPECIAL PROVISIONS SUPPLEMENTAL for FABRICATION AND INSTALLATION OF ENTRY GATEWAY SIGN March 24, 2016 All tights to this document and the associated design latent drawings are reserved by Graphic Solutions. Viese doctunents incy not be reproduced or used, in whole or in part, without the arpress written pen fission of Graphic Solutions. Graphic Solutions grants the City of Net, port Beach and it's eottractors permission to use and/or reproduce these doaatents only in conjunction with the bidding and administration ofthe fabrication and installation of the Entry Gateway Sign at Balboa Village in the City of Newpot4 Beach, CA. Use ofthese documents for any other project is strictly prohibited. FILE: balboa village omstrspecs 100324.doo INDEX CONTENTS SECTION 1 SIGN SCHEDULE ............. SECTION 2 GENERAL CONDITIONS SECTION 3 SUBMITTALS ................... SECTION 4 PRODUCTS ....................... SECTION 5 EXECUTION ..................... FILE: balboa village const/ specs 160324.doc PAGE 14 SECTION 1 SIGN SCHEDULE 1.01 LOCATION: The work is to be performed at Balboa Boulevard and Adams Street, Balboa Village in Newport Beach, California. 1.02 DESCRIPTION OF WORK: The Sign Contractor shall perform all work necessary to furnish, deliver and install all items shown on the Design Intent Drawings and specified herein, including preparation of digital files, typefonts and camera- ready art for use in production. The fabricator shall be responsible for developing all signs based on the typical concepts shown in the drawings, including typographical refinements such as margins, kerning, leading, line breaks and spacing, necessary to complete the work. SECTION 2 GENERAL CONDITIONS 2.01 INSTRUCTION RELATING TO EXISTING CONDITIONS: The Sign Contractor shall take measurements at the site and shall check all measurements and grades on the contract drawings or subsequent drawings. Such information given on the contract drawings and in the specifications relative to existing conditions has been obtained from sources believed to be reliable, but shall be subject to verification in the field. The contractor must field verify exact locations and conditions for each sign and notify the Owner in writing, of any discrepancies, omissions, or clarifications as they affect sign design or location. Sign Contractor must restore all hardscape to original condition and specifications. 2.02 EXAMINATION OF SITE DOCUMENTS: Before submitting a proposal, the Sign Contractor should carefully examine the Design Intent Drawings and Special Provisions, visit the site and fully inform themselves as to all existing conditions and limitations. Should any discrepancies or omissions from the drawings and specifications be found, or should there be any doubt as to their meaning, he should notify the Owner at once, in writing. Sign Contractor shall participate in a pre -production conference with the Owner's representative and the Architect to review the contract requirements, clarify the scope and nature of the work as outlinedin the Drawings and Specifications, to establish clear lines of responsibility and checkpoints for the performance of the work. 2.03 WORKMANSHIP AND MATERIALS: The Sign Contractor shall warrant and guarantee that none but experienced workmen will be employed on the work and that all items fabricated and/or provided by him shall be of the best of their respective kinds. The Sign Contractor certifies that he is able to furnish sufficient forces to ensure prosecution of the work in accordance with approved progress schedules and that he can furnish a work force that can work in harmony with all elements of labor employed in the work and at the site of the work. 2.04 PROTECTION OF WORK AND PROPERTY: The Sign Contractor shall be responsible for the work until it is acceptable by the Owner, and the Sign Contractor shall cover and protect all items from damage during transportation, storage and installation. If any loss or damage occurs prior to acceptance by the Owner, the Sign Contractor shall promptly repair or replace the put or parts lost or damaged, as directed by the Owner, at no cost to the Owner. FILE: balboa village oDnstr specs 160324.doc The Sign Contractor shall also be responsible for any loss or damage to the Owner's property and to the property of others due to operations under Contact and shall make good, at his own expense and to the complete satisfaction of the Owner, such loss or damage. The Sign Contractor shall package materials and supplies in biodegradable packing whenever possible. 2.05 SUPERVISION: The Sign Contractor shall provide all necessary supervision by a person especially qualified and experienced in handling the work covered in his proposal. This individual and his qualifications shall be satisfactory to and approved by the Owner. The Sign Contractor shall consult with the Graphic Designer should any error or inconsistency develop in the drawings and specifications and if there is any doubt, in no case shall the Sign Contractor proceed with the work without approval. The Sign Contractor shall be entirely responsible for the proper laying -out of his work and for any damages that may occur because of his errors or inaccuracies. 2.06 COORDINATION: The Sign Contractor shall coordinate all activities related to the work with the Owner's designated site superintendent. It shall be the Sign Contractor's responsibility to meet any construction schedules required by the General Contractors due to related site work. The Sign Contractor shall also be responsible for coordinating his work with that of all other trades at the job site and for coordinating excavations as necessary to protect below -grade utilities, irrigation lines, telephone lines, and cable TV lines. 2.07 GUARANTEE AND/OR WARRANTY: The Sign Contractor shall agree to bring all portions of work to entire completion free of all defects in materials and workmanship for a period of one (1) year from the date of final acceptance of the completed work by the Owner. Digital prints to be warranted for a minimum 5 years against fading cracking, chipping and peeling. Defects include but are not limited to: electrolytic decomposition; oxidation; dislocation of fasteners, anchors, welds or any other connecting devices; de -lamination; pitting of surfaces or finishes; non -adhesion; warping, canning or other distortions of uniform surfaces; fading or discoloration. The Sign Contractor also guarantees, within a reasonable time after receipt of written notice thereof, to make good any defects in materials and/or workmanship which may develop within such period for which materials and workmanship are warranted, and to pay or cause to be paid for any damage to other work resulting therefrom, which may develop during the period of one (1) year from the date of final acceptance of the completed work by the Owner. FILE: balboa village constrspecs 160324.doc SECTION 3 SUBMITTALS 3.01 SAMPLES: Sign Contractor shall submit three (3) complete sets of samples of the following to the Owner for approval prior to fabrication: A. Material samples for each designated paint color and surface finish including: 1. Metal: Submit actual production sections showing coating color and finish for aluminum and steel (4 samples per color on 4"x 4" squares) 2. Acrylics: Submit samples of acrylic / plastic materials for the various applications in their finished state and data describing the materials and finishes. 3. Translucent vinyl color film on acrylic and on flexible vinyl substrate: Submit one 4" x 4" sample per color. 4. Tile and Grout 2" x 2" sample of each color and 1/4" x 2" sample of each grout color. 5. Inks, paints and lacquers: Submit (4) 4" x 4" square samples per finish. 6. Carved sign foam shell and starfish patterns for casting 7. Other materials (e.g., PVC, MDO): Submit as required. 8. Anti -Graffiti: Samples of anti -graffiti coatings on appropriate surfaces. B. Cut -sheets and supplemental information for each type of light fixture to be utilized. C. Prototypes as required. The above samples, when approved, shall establish standards for materials, colors, finishes and quality of workmanship. Completed work shall exactly match the standards established by the approved samples, or work will be rejected. 3.02 SHOP DRAWINGS: A. Sign Contractor is responsible for obtaining Architectural Drawings from Owner or his representatives upon award of contract. Within two (2) weeks after award of Contract, Sign Contractor shall provide Owner with locations, sizes and treatments of access panels and backings required for signs. Such information along with estimated sign weights should be represented on the Architectural Drawings and submitted along with a feed letter specifying electrical requirements for signs to Owner and his representatives. Where insufficient structural support for signs occurs, the Sign Contractor is responsible for coordinating with Owner and his representatives. B. Sign Contractor shall submit three (3) complete sets of fully dimensioned Shop Drawings to the Owner for approval prior to fabrication or email pdf files to all parties responsible for reviewing. the Drawings. C. The Shop Drawing submittal shall incorporate all stated elements of the Design Intent Drawings, the stamped engineering calculations, and the specifications outlined in Sections 4 and 5 herein. The shop drawings are expected to include additional details that are not shown on the Design Intent Drawings FILE: balboa village constr specs 160324.doc (see C and D below). It is not acceptable for the Sign Contractor to copy/repackage Graphic Solutions Design Intent Drawings and label them as "shop drawings." All such submittals shall be rejected. Any Digital Files of the Design Intent Drawings requested by the Sign Contractor will be sent as is (Mac Illustrator CS6 or PDF. Procurement of typefonts as well as corrections and or adjustments to Digital Files (including California Grade 2 Braille) necessary to gain approval of Shop Drawings and Production Art is the sole responsibility of the Sign Contractor. D. Shop Drawings shall establish the actual detail of all manufactured or fabricated items and shall include specifications for the paintsystem to be used for signage/graphics as well as specifications for all. required electrical fixtures and components. Drawings shall also indicate proper relation to existing work, reflect all structural engineering requirements, and incorporate changes of design or construction, as directed by the Owner, to suit actual field conditions. In addition, drawings shall indicate internal structural supports; adhesives; exact location and treatment of seams and joints; thickness of materials; exact location of access panels and safety switches; footing details; and details of installation, including sign attachments. Scaled drawings will show each sign type in elevation and plan dimensioning its position in relationship to the architectural or landscape setting. If a sign type occurs in several different settings, drawings will show each unique condition. E. Shop drawings shall also indicate the source and location of electrical service for each sign installation, as well as complete specifications for all electrical fixtures and components. F. All shop drawings and construction details must be fully dimensioned. Use 1-1/2" = P-0" minimum for construction details. G. Sign Contractor must continue to revise rejected plans and resubmit until approval is obtained. For initial submittal and re -submittals, the Sign Contractor shall work from one set of drawings (i.e., this one set of drawings must incorporate all previous revisions/adjustments). H. Drawings not in compliance with all of these requirements shall be rejected. I. A complete Shop Drawing set containing all signs with all revisions/adjustments shall be provided by the Sign Contractor to each party responsible for reviewing installed signs prior to the punch list date. 3.03 PATTERNS AND/OR PHOTO -READY ART: A. Prior to fabrication, Sign Contractor shall submit full-size letter form and work spacing patterns of an graphics for approval by the Graphic Designer, and include installation / attachment methods as required. B. Sign Contractor shall submit patterns and/or digital art for other elements as may be requested by the Graphic Designer. C. Sign Contractor shall be responsible for submitting signs to and gaining approval from all local, state and federal authorities having jurisdiction over the project. Any changes resulting from this process must be reviewed and approved by the Owner and the Graphic Designer prior to fabrication. 3.04 ENGINEERING CALCULATIONS: Stamped engineering calculations may be provided for some sign types. The Sign Contractor shall be responsible for reviewing these and determining if any additional engineering will be required for these sign types and for resolving any discrepancies that may exist between the engineering and the details of the Design Intent Drawings. The Sign Contractor shall be responsible for obtaining and paying for structural engineering calculations for any sign types that have not been engineered and for any additional structural engineering that may be required in connection with the work. If engineering affects the size and shape of the intended forms as shown on the Bid Drawings, the Sign Contractor must notify the General Contractor prior to submittal of Shop Drawings. Engineering is to be submitted to the Owner for approval in conjunction with shop drawing submittal. FILE: balboa village constr specs 160324.doc Owner reserves the right to make changes, adjustments, or alterations to the Design Intent Drawings and/or to sign configurations subsequent to distribution of the Contract Documents to bidders. In which case, the selected Sign Contractor shall be responsible for obtaining and paying for any additional engineering that may be required. Note: All rejected samples, shop drawings, patterns, artwork, engineering, etc. must be revised and re- submitted to the Graphic Designer until approval is obtained. A full set of final plans must be approved and stamped by the Owner and/or Graphic Designer prior to permit application or sign fabrication. 3.05 AS -BUILT DRAWINGS: One complete set of drawings reflecting the as -built condition of all signs shall be submitted to the Owner within 30 days of acceptance of the work. This set of drawings shall incorporate all details of the work - - references to previous drawings or submittals are not acceptable. SECTION 4 PRODUCTS 4.01 MATERIALS: BASIC All exposed metals to be coated in a manner to protect against marine environment. A. Aluminum: 1. Extrusions and rolled material shall have a strength and durability no less than that which is specified in ASTM B 221 for alloy 6063-T5. Sheets shall have a strength and durability no less than that which is specified in ASTM B 209 for alloy 5052-1132. All exposed aluminum shall have a quality finish suitable for painting. 2. Material shall be of highest visual grade, free of mill marks, nicks, pits, gouges and other imperfections. 3. All welds shall be continuous. Where appropriate, exceptions may be granted as part of the shop drawing review. Welding shall be of the correct type to minimize permanent distortion of flat surfaces. Visible welds are to be filled and ground smooth. Welds shall comply with standards established by the American Welding Society, and the Aluminum Association. 4. All visible parts shall be ground smooth and filled before painting so that no grinding abrasions are apparent and there is no distortion of the intended form. 5. All aluminum shall be of sufficient gauge to prevent warping and canning. Warped or canned sign faces or backs shall be unacceptable. 6. Aluminum cabinets shall be welded and finished so as to appear seamless. 7. Where aluminum is in contact with concrete, the aluminum material shall be coated with coal tar epoxy. 8. All seams shall be water -tight. 9. Use Matthews Paint System (or equivalent with Owner approval). 10. Unless indicated otherwise, brushed aluminum shall be brush #4, horizontal. 11. Unless indicated otherwise, all exposed, unpainted aluminum shall be clear -coated (gloss). B. Steel: 1. All steel material shall adhere to specifications A.1 through A.5 above. 2. All exposed steel shall be urethane coated. Use a high solids, low VOC, two -component aliphatic urethane semi -gloss enamel formulated for use in commercial and industrial applications were FILE: baIboa village constr specs 160324.doc color retention and a durable long-lasting coating is required Apply 3 coats minimum for a dry film thickness of 5 mils. 3. Unless otherwise indicated on the Design Intent Drawings, sheet metal shall be 1S gauge white galvanized for letter faces and 24 gauge white galvanized for letter returns for reverse channel letterforms. All other sheet metal shall be 18 gauge unless otherwise specified. 4. Unless otherwise specified, Tube Steel shall conform to ASTM A501 Grade B; Steel Pipe shall conform to ASTM A53 Grade B; Steel rolled shapes shall conform to ASTM A36. 5. Unless indicated otherwise, brushed steel shall be brush #4 horizontal. 6. Unless indicated otherwise, all stainless steel shall be grade 304. C. Miscellaneous Metal: 1. All metal materials shall be new stock, free from defects impairing strength, durability or appearance, and of such gauge to prevent warping or canning. 2. Surface finish shall be smooth, free of extrusion marks or imperfections. Alloy selected must meet structural requirements of the specific application. 3. Metal materials shall be painted as follows a. Shop prime coat: zinc chromate primer for steel; acid wash primer for aluminum. b. Acrylic urethane with semi -gloss finish, minimum 2 mil thick. D. Acrylic: 1. As referred to in this document, acrylic shall include Plexiglas, Lexan and any other plastic material that may be specified in the Design Intent Drawings. 2. Acrylic material shall be new stock free from defects, and manufactured by Robin, & Haas or approved equivalent. 3. All work or cut edges shall be free of saw marks and chips and shall be polished mechanically with an appropriate compound. Flame polishing shall not be acceptable. Edges shall be square to the face. 4. Where acrylic parts meet or are joined in any manner, surface planes shall be flush and fee from gaps. 5. No discoloration from bonding solvent shall be apparent on acrylic sign faces. E. Adhesive: 1. Type and usage shall be as recommended by the manufacturer for the particular conditions and project requirements. a. Identify each type and usage on Shop Drawings. b. Include data describing method of application. 2. Adhesives that will fade, discolor, or delaminate as result of exposure to ultraviolet light or heat, or that change the color of or deteriorate the condition of the materials to which they are applied shall not be used. Adhesives must not be seen from public view. 3. All "2 -stick" tape shall be VHB by 3M (or equivalent) and used in conjunction with silicone adhesive. F. Inks, Paints and Lacquers: FILE: baIboa village const specs I60324.doc 1. Inks, paints and lacquers required for silk-screened, engraved, imprinted or other surfaces shall be of the type made for the surface material on which applied and recommended by manufacturer. a. Identify each type and usage on Shop Drawings. b. Include data describing method of application. 2. Products that will face, discolor or delaminate as a result of exposure to ultraviolet light source or heat therefrom shall not be. used. 3. Prepare surfaces per manufacturer's specifications prior to painting. Include, as a part of this work, prime coats (such as Matthews One -Coat 74-734 and Matthews Metal Pre -Treatment 74-735) and other surface pre -treatments (such as zinc chromate or acid wash), where recommended by the manufacturer for inks, paints and lacquers. Porous material should be filled sanded smooth and primed prior to painting unless indicated otherwise. 4. All paint shall be spray applied. Concrete surfaces may be rollered or brushed provided there are no streaks or uneven textures. Pretreatment of surfaces and spray application of paint shall be performed in accordance with manufacturer's specifications. 5. Inks, paints and lacquers shall be applied without pinholes, scratches, peeling, application marks, etc. a. Back lighted or internally illuminated panels containing defects that cause light leaks in surface areas intended to be opaque will not be accepted. 6. All paint for metal signage, unless otherwise specified, shall be acrylic aliphatic isocyanate/acrylic polyurethane with ultraviolet (UV) inhibitors and formulated for exterior use in colors specified on the Design Intent Drawings or as otherwise specified by the Graphic Designer. Paint is to be the highest quality recommended by the manufacturer for specific surfaces. For steel surfaces, see section 4.01, B. 7. Paint is to be applied to all interior and exterior surfaces and edges of metal parts and components unless otherwise noted and approved. 8. All finish coats should be semi -gloss unless otherwise specified or approved as part of the Shop Drawings. G. Vinyl: 1. Cut Vinyl: a. Cut vinyl graphics are to be 3M Scotchcal Products or equivalent. b. All photo -readies or patterns for cut vinyl letters and graphics shall be submitted to the Graphic Designer for approval. 2. Translucent Vinyl Film shall be Scotchcal series 3630 or equivalent. 3. Applied vinyl shall be free of air bubbles, wrinkles or other visible imperfections. H. Letterforms and Spacing: 1. All letterforms, typestyles and spacing shall be as specified on Design Intent Drawings. 2. Letterforms with rounded positive or negative corners resulting from the cutting/fabricating process will not be accepted. Corners of fabricated letterforms must be as sharp as intended in the typefont. I. Graphics: 1. All graphic images shall be accurately reproduced. Lettering that approximates typestyles shall not be acceptable. Camera-ready or computer-generated layouts and patterns are to be approved for all signs by the Graphic Designer prior to production. FILE: balboa village constr specs 160324.doc J. Hardware, Fasteners and Gaskets: 1. All exposed hardware shall match adjacent surfaces unless specifically noted otherwise. 2. All dissimilar metals shall be separated with 3M Scotchrap*" All Weather Corrosion Protection Tape to prevent electrolysis. Surface to be prepared with ScotchrapT" Pipe Primer before applying tape. 3. In addition to the tape in (2) above, stainless steel screws or fasteners shall be used to secure ferrous to non-ferrous metals. 4. Unless otherwise specified in the Design Intent Drawings, screws shall be flathead metal. Exposed screws shall be countersunk, and screw heads shall be finished to match the surrounding sign finish and color. Exact locations, sizes, and centers of screws shall be noted on the Shop Drawings. 5. All exposed bolt and screw heads accessible to the public shall be tamper resistant and shall be specified in shop drawing submittal. K. LED (Light Emitting Diode illumination): 1. Sign Contractor shall use highest quality LED by Nichia, GREE, or equivalent. Minimum life span for White — 50,000 hours. 2. Color of LED illumination to be 4,500 K. 3. Adequate cooling / venting for LED's and power supply should be used per manufacturer's recommendations to preventover heating. 4. LED's should be arranged to provide even color and lighting with no hot spots or dark areas. L. Concrete: 1. Codes and Standards: ACI 301 "Specifications for Structural Concrete for Buildings"; ACI 311 "Recommended Practice for Concrete Inspection; ACI 318 "Building Code Requirements for Reinforced Concrete"; ACI 347 `Recommended Practice for Concrete Formwork;" ACI 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete"; Concrete Reinforcing Steel Institute "Manual of Standard Practice"; comply with applicable provisions except as otherwise indicated. Comply with current Greenbook Standard Specifications for Public Works Construction and Building Code requirements which are more stringent than the above. Perform testing as specified in Division 1. 2. Concrete footings for freestanding signs shall be approved structural footing mix (1" rock) and prepared per manufacturer's specifications, with a 28 -day compressive strength of not less than 3,250 pounds per square inch. Unless indicated otherwise, footings shall be reinforced with #4 steel re -bar at 12" on center. Provide details in Shop Drawings. Finish of exposed concrete sign base shall be as indicated on Design Intent Drawings and shall be free of any form impressions. 3. Concrete Specifications: a. Portland Cement: Class 560-C-3250. b. Aggregates: 1) Footings: ASTM C 33, regular concrete. c. Water: Clean, drinkable. Water shall not contain more than 1,000 mg/L (ppm) of chlorides calculated as Cl, nor more than 1,000 mg/L (ppm) of sulfates calculated as SO,. d. Air -Entraining Admixture: ASTM C 260 per approved mix design. e. Water -Reducing Admixture: ASTM C 494. Type A per approved mix design. f. Reinforcing Bars: ASTM A 615. Grade 60, epoxy coated with 3" minimum cover. FILE: balboa village constr specs 160324.doc 10 4. Concrete to be painted should be primed with Epicoat, Tilt -Up Concrete Sealer (or equivalent) and painted with Frazee Dumtec Exterior Latex (or equivalent). Follow manufacturer's recommendations for surface preparation. 5. Concrete Caps, Moldings and Pavers: Precast concrete moldings by CDI (Concrete Designs, Inc.), or equivalent. M. Urethane Sign Foam: 1. Use rigid, closed -cell, high-density expanded urethane. Unless specified otherwise on the Design Intent Drawings, use a minimum of 10 -pound foam in inaccessible areas and a minimum of 15 - pound foam in areas accessible to the public. 2. Urethane Sign Foam Coatings: a. Filler Primer: FSC 88 finishing and smoothing compound manufactured by Coastal Enterprises or equivalent. b. Sealer: DP 48 Sealer non -sanding epoxy primer manufactured by PPG or equivalent. c. Finish Coat: Matthews semi -gloss Acrylic Urethane unless indicated otherwise. N. Banners: 1. Scrim vinyl, minimum 13oz. Smooth finish, 500x500 denier, outdoor 1 yew durability 2. Printable 2 -sides with 100% opaque block-out, coated for eco -solvent, solvent, uv-ir curable & screen inks. 3. Flexible, able to receive stitching & grommets without compromising the integrity of the material. 4. Use banner brackets that can attach to existing poles (round, square or tapered) with adjustable stainless steel banding, and can flex to reduce wind load stress. KBW BannerFLEX products (or equivalent) are recommended. 4.02 ELECTRICAL FIXTURES: A. Street Light Fixtures: 1. Sign Contractor shall use the streetlight fixtures specified in the Design Intent Drawings and shall provide cut -sheets and supplemental information (e.g., color, size, mounting detail) for Owner and/or Architect approval. Fixtures shall be the Fairfax Luminaire FFX-H5-110LED-FG-HSS by Environmental Lighting for Architecture, Inc. or equivalent. FILE: ba [boa village onnstr specs 160324.doc 11 1. Fixture: FFX - 14a --; r 2. Size Ordering Matrix Environmental Lighting for Architecture, Inc. Fairfax • FFX 1 2 3 4 5 6 7 8 9 Fixture I Size I Mounting I Optics I Ballad I Voltage I Lens I Color I Option FFX I 14 1 PT I HS 111OLED I 120 I FG I CUSTOM I HSS 1. Fixture: FFX - 14a --; r 2. Size Matrix Y: 12 14 Description: Notes: Max Wattage 150W Max Wattage 40OW EPA 1.8 2.6 Weight 401bs. 55 Has. 3. Mounting N. Means s: CA CP PT We I.&esuYM1.Jny6v POMy Well aackeb. xp ane.mmmmv pmme Description: Cross Arm Chain Pendant Post Top Wall Bracket 4. Optics Horizontal X.X ✓ YL Matrix C: H3 HS Description: TYPE 3 TYPE 5 Vertical aV3. ��ArNines: Matrix 0: V5 l.xamnml son isewm4x lmlpire. Description: TYPE TYPES • Gbc•reLecbrequkae, 5. Ballast Description: Pulse Start Metal Halide High Pressure Compxt LED Induction Induction CotmoPoliS Metal Halide Sodium Fluorescent Circular Type Bulb Type (Watts / Type) (Watts / Type) (Watts I Type) (Watts I Type) (Waits IType) (Wafts I Type) (Waft / Type) (Watts I Type) Matrix A: 50PSMH SOMH 50HP3 13CFL 40LED" 401C" MIS 45COS IOPSMH 106111 70HM 18CFL 55LED" 704C" 551S' 60003 1OOPSMH T67OMH 1OOHP5 28CFL SOLED" sell" asie' socos 150PSMH 100MH 150HPS 32CFL 76LED" 10006' 14000S 175PSMH TO 160MH 2O0HPS' 42CFL sSLED^ 12006' 20OPSMH 250HPS 57CFL 85LED" Name' 1. Eke mr n. It. 25OMMH 110LED-. 00 150,x,lle•le.10 10tereo.em mo.anrnxmmpa. 35OPSMH Induction 9. mnerweneyuaa exmxna.emeM1. coneusmaeN 350PSMH (Wait, ITy a Type) Tubular Type "OPSMH 1INNCttnl (Wafts/Type) • Flu wmud onry. 401T •• •• FYelwnemnlonh. . Stel4onN. 17881 ArenMAw-Cltyoilndu". CAD 1746•(BgD42"eil -Fox :(626)8658494•was.ala-6gheng.om N®ela4otW.00m hidexspao-Page 2 FILE: baiboa village constrspets 160324.doc 12 WIN n AV 111111, 11111 Air Ordering Matrix E Ar % Environmental Lighting for Archtecture, Inc. Fairfax - FFX 6. Voltage Matrix 0: 120- 208 240 277' UT 480 Dinuaribisn; 120V 208V 240V 277V 347V 483V - OnN sees waxasenanwW .0 US), 7. Lens 4� 1:71 N.; FG Froated Glass CIS 0"1 Glass SG Seedy Glass 0. Ceso6pboir cw uwar wuxyac - FA Frosted! Acrylic CA 0"1 Acrybe SA Seedy Acrylic • ox,,waaa,.islm CP Clear Polycarbonate' Fix Frosted Polycarbonate' 8. Color Powder Cast Firiteli HandApplied Finish Matrix # Desorption Matrix # Deswirfion Matrix 0 Description AG Augustine Green me Malaga Green CH Creaked! Hide BY Architectural Gray Not Midnight I -v Light Verde CC Charcoal PW Pewter OR ad Iron CY Clay Be Sand St.. R Rust OR Cars wor. SB Statuary Brants V Verde HR Harbor Blue VL Village Green HP Hammered Pewter w vines, '.nwsaxl�y 1. custom w.� 9. Options Tmeocexinape n—..Illsx ISBU TB PCs PCR VR HSS u[aosen,eet l�. Tiernfral8lock Photoxxthsaw T..uasi,. nax.asr House Side Shield ..fliva— ��-ediena Fixture Ordering Form: 1 2 3 4 5 6 7 8 9 9 9 Fixture I Size I Mounting / Optics / Lamp J Voltage I Lens I Color I Option I Option I Option 1. FFX 1 14 1 PT I HS I 11OLED 1 120 1 FG I CUSTONII HSS I 17891 Arindh Ave., City oflnefteary, CA 91748•(800) 423 5561 - Fax: (626) 935-94N - wexls-li,llhurg,wrn - inftiela-fighting.own falffax,spec-Pai FILE: balboa village const specs 160324.doc 13 SECTION 5 EXECUTION 5.01 ELECTRICAL SERVICE: A. Within one (1) week after award of Contract, Sign Contractor shall provide Owner with a list of (a) load requirements (amperage/voltage) for all electrical sign components, (b) specific locations for each concealed J box location and (c) location and size of all transformers and access panels for servicing and wiring of signs. Sign Contractor shall configure the electrical components of signs so as not to exceed the power available at each location. Prior to completion of fabrication, Sign Contractor shall be responsible for verifying that adequate power is available to each location. If adequate power is not available, Sign Contractor shall at no additional cost, adjust sign electrical components as necessary to operate signs using the actual service available at each location. Sign Contractor shall extend conduit and wiring provided at each sign location into the sign structure through the sign footing or other concealed pathway, including any below -grade junction boxes. Electrical runs shall be internalized in sign components, columns, and mounting structures withhollow metal components used as raceway when available. Visible external electrical fixtures or conduit shall not be allowed. Where field conditions prevent concealment of conduit, sign contractor is to use least visible route. Such exposed conduit will be painted to match background. Electrical cut-off switches and associated components shall located behind logo sign cabinet in subpanel. Switch plates shall be finished to match surrounding surface. Appropriate grommet or gasket materials to be used for electrical component entry points into steel structure per electrical code. C. Sign Contractor shall be responsible for effecting the final connection of the electrical components to the electrical service and assuring that the electrical fixtures for each sign are operational. D. Sign Contractor shall use Underwriter's Laboratory -approved components, and UL -approved labels shall be affixed to all electrical fixtures. E. All electrical components shall be in compliance with the latest edition of the National Electrical Code (NEC). F. All enclosures, which include, but not limited to boxes, cases, cabinets or housings for electrical wiring or components, shall be in compliance with the latest edition of the NEMA Standards where applicable. G. Sign Contractor shall be responsible for coordinating with the Owner, contractor and their subcontractors as necessary for expeditious performance of all electrical work related to signage. H. Service -disconnect switches shall be in waterproof boot, installed in custom fabricated, flush mounted switch plate, and positioned away from the street. 5.02 CONSTRUCTION: A. Signs must be of durable rust -inhibited materials that are appropriate and complementary to the building. B. All formed metal, such as letterforms, shall be fabricated using full -weld construction unless otherwise noted and approved. Formed metal sign components shall be bent on a continuous curve without apparent elbows or kinks. C. Dissimilar metals shall be separated with non-conductive 3M ScotchrapT°" All Weather Corrosion Protection Tape to prevent electrolysis and secured with stainless steel fasteners as required. D. Paint colors must be reviewed and approved by the Owner. Color coatings shall exactly match the colors specified on the approved plans. E. Surfaces with color mixes and hues prone to fading (e.g., pastels, fluorescent, complex mixtures, and intense reds, yellows and purples) shall be coated with ultraviolet -inhibiting clear coat in a matte or semi -gloss finish unless otherwise noted and approved. FILE: balboa village constr specs 160324.doc 14 F. Joining of materials (e.g., seams) shall be finished in such a way as to be tight, secure and unnoticeable (i.e., butted seams). Overlapped seams shall be considered unacceptable. Visible welds shall be continuous and ground smooth. Rivets, screws, and other fasteners that extend to visible surfaces shall be flush, filled, and finished so as to be unnoticeable. G. Finished surfaces of metal shall be free from canning and warping. H. All sign finishes shall be free of dust, orange peel, drips, and runs and shall have a uniform surface conforming to the highest standards of the industry. I. All lighting must match the exact specifications of the approved Design Intent Drawings, J. Brightness of signs shall be even and consistent in intensity, coverage, and color both within signs and between signs of similar lighting technique and subject to approval by Owner. All aluminum cabinets to be free from light leaks. K. All conduit, raceways, crossovers, wiring, ballast boxes, transformers, and other equipment necessary for sign connection shall be concealed. All bolts, fastenings and clips shall consist of enameling iron with porcelain enamel finish; stainless steel, anodized aluminum, brass or bronze; or carbon -bearing steel with painted finish. No black iron materials will be allowed. L. Underwriter's Laboratory -approved labels shall be affixed to all electrical fixtures. Fabrication and installationof electrical signs shall comply with all national and local building and electrical codes. M. Penetrations into existing hardscape, where required, shall be made waterproof. Signs in close proximity to running. water such as water fountains & pools shall be waterproofed. Fabricator shall develop and submit specifications and details for submission to Owner. N. Location of all openings for conduit sleeves and support in sign panels and building walls shall be indicated by the Sign Contractor on drawings submitted to the Owner. Sign Contractor shall install same in accordance with the approved drawings. O. In no case shall any manufacturer's label be visible from normal viewing angles. P. Sign permit slickers should be affixed so as not to be visible from the street. Q. All access panels shall be waterproof and concealedfrom public view. Panels shall be inset so that outer surfaceof panel aligns flush with outer surface of sign to which it is attached. Attachment shall be by means of counter sunk flat head screws (tamper proof where accessible to public). Paint finish screw heads to match surrounding color. R. Metal below grade or in contact with grade -level concrete shall be coated with coal tar epoxy.. S. All metal interior surfaces of internally illuminated sign cabinets to be painted white. T. All pop rivets where indicated on engineer's drawings shall be submitted with flush rivets where visually exposed. U. Where design of channel letters is such that the front -edge of the letter return or retainer is visible on the face of the letter, the front edge of the return or retainer shall be painted to match the color of the letter face. The letter return and return edge of retainer shall be the same color. V. Where trim cap is used, paint trim cap to match color of letter return. W. Signs with dimensions greater than 16' shall have a face retainer width of no more than 1" unless otherwise approved on the shop drawings. X. Anti -graffiti coatingor film to be applied to all signs accessible to the public. Specify brand of anti - graffiti coating and provide cut sheet along with Shop Drawings showing where protection is applied. Y. Openings in sign panels for pop -through letters / graphics must be of sufficient size to accommodate expansion and contraction of acrylic over a 120° F temperature range. Indicate tolerance dimensions on shop drawings. FILE: balboa village constr specs 160324.doc 15 Z. Sign Contractor shall construct signage in such a manner that illuminated forms and cabinets shall be free of lighting leaks. AA. Provide ventilation for internally illuminated sign cabinets and monuments. Openings for ventilation must be louvered, baffled (no light leaks), screened and weather proof. Locate openings away from public view and show on Shop Drawings. 5.03 INSTALLATION: A. Schedule: All dates for sign installation must be approved in advance and coordinated with the Owner. B. Location and Placement: I. Letters shall be carefully spaced and accurately set in place, both vertically and horizontally, with overall inscription to conform with the Design Intent Drawings and approved templates and patterns. 2. Locations for each ground sign shall be staked by the Sign Contractor. Staked locations must be approved by the Owner or his designated representative prior to installation. 3. Sign installation shall be coordinated with other work on the site as outlined in Section 2, herein. 4. Unless other arrangements are agreed upon by the Owner or his representative, all sign locations must be marked and labeled on site with sign identification number for approval prior to installation. 5. All signs must be installed level, plumb and true in relationship to architecture, adjacent installations, and/or established reference points. 6. Installation shall be done in a manner to withstand all actions imposed by wind, water and other environmental forces. C. Installation Conditions: 1. Working areas are to be left clean and orderly every day during the period of installation. All work is to be coordinated with the General Contractor and other trades working on the site. 2. In case of damage to landscaping material, irrigation lines, or other underground or aboveground equipment, the Owner and/or General Contractor shall be notified and the repairs shall be made to his satisfaction. All damaged material shall be repaired and left in the same condition as it was found. All grades are to be restored to the original condition. 3. All installations are to comply with approved Shop Drawings. 5.04 ADJUSTMENTS AND REPAIRS: The Sign Contractor shall repair, or remove and replace with new materials, all damaged units and units not complying with Contact Documents as approved by the Graphic Designer, at no additional cost to the Owner. 5.05 CLEANING: Prior to final inspection and acceptance by the Owner, the Sign Contractor shall remove all protective coatings and stickers, clean metal and painted surfaces in accordance with manufacturer's recommendations, and remove debris from the work site. 5.06 MAINTENANCE: Prior to final payment, the Sign Contractor shall provide to the Owner written instructions for proper maintenance of all signs and signage elements. Instructions shall address periodic cleaning, service access, replacement procedures, and painting. Where applicable, color specifications shall also be provided. FILE: Balboa village constrspecs 160324,doc 16