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C-9393-1 - 2023-2024 Facilities Painting Project
CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk March 21, 2025 GCD Painting Attn: Mr. Juan M. Gonzalez Camerena 24406 Seagrove Avenue Wilmington, CA 90744 Subject: 2023-204 Facilities Painting Project Contract No. 9393-1 Dear Mr. Gonzalez Camerena: On January 14, 2025, 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 January 15, 2025, Reference No. 2025000029560. Enclosed is the released Labor & Materials Payment Bond. Sincerely, AV-tj /)C/ *W- Leilani I. Brown, MMC City Clerk Enclosure DUPLICATE ORIGINAL EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CE11499801680 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GCD Painting hereinafter designated as the "Principal," a contract for rust removal, refinishing wood surfaces, cleaning, preparing and painting exterior surfaces, as specified in contract documents, at the following locations: (1) Utilities Yard located at 949 W. 16th Street; (2) City of Newport Beach Police Department located at 370 Santa Barbara Drive; and, (3) Balboa Yacht Basin located at 329 Harbor Island Drive, 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, Philadelphia Indemnity 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 One Hundred Seventy Four Thousand Dollars ($174,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. GCD Painting Page A-1 igni3q.q.%ig�_ 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 etseq. 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 15th day of August , 2024 . GCD Painting Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-1403 Address of Surety 866-516-1776 Telephone APPROVED AS TO FORM: CITY ATTORNErS OFFICE Date: By: �~' Aaron C. Harp ?A City Attorney '/Zy Aut%izala-i gnature/Title Agent Signatu John D. Weisbrot, Attorney -In - Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETYMUST SEATTACHED GCD Painting Page_A2_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Arilef,-s } Ss. On SeDfCrnber n& , 202�_ before me, °QM4rg L®rrn�hw�,N Notary Public, personally appeared [Aan ez (6kw1ca fen-1 , 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. SE.� °° rti l(AMYRA 69PIN PHAN :... ,FN Notary Publi€ _ l �lifgmi@ p W ' C@mr mjon # �4499_3§ Y �� �a���P gay Comrm, E%Pdr@4 .JYn 3M8 7 s (sea]) 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 a a- Pennsylvania County of Bucks } ss. On August 15 , 20 24 before me, Tracy Konopka , Notary Public, personally appeared John D. Weisbrot, Attorney j[ Fact , 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. Pennsylvania I certify under PENALTY OF PERJURY under the laws of the State of Ca4fefni&that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Commonwealth of Pennsylvania • Notary Sea! P', �TRACY KdNOPKk •Notary Public 1 Bucks County y Commissio n Expires December 3, 2026 n ture Commission Number 1259261 (seal) --GCD-P-ainting- 1/15/25, 11:27AM Batch 18621464 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I II III II 1111 111 I II I I II 111 NO FEE *$ R 0 0 1 5 3 6 5 0 9 4 $ * 202500002956011:14 am 01115/25 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 GCD Painting of Wilmington, California, as Contractor, entered into a Contract on 08/27/2024. Said Contract set forth certain improvements, as follows: 2023-2024 Facilities Painting Project Contract No. 9393-1 Work on said Contract was completed, and was found to be acceptable on January 14, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Bryant Surety Bonds. BY David We b, is s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ] at Newport Beach, California. A I M Leilani I. Brown, Ci#y Clerk FO Nj https://gs.secure-erds.com/Batch/Confirmation/l8621464 4/4 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 GCD Painting of Wilmington, California, as Contractor, entered into a Contract on 08/27/2024. Said Contract set forth certain improvements, as follows: 2023-2024 Facilities Painting Project Contract No. 9393-1 Work on said Contract was completed, and was found to be acceptable on January 14, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Bryant Surety Bonds. t` BY /` David We b, i�l orks Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on � at Newport Beach, California. Leilani I. Brown, Ciy Clerk H 1 ::_ i`Z FO RN% 1 l� CT" CITY OF NEWPORT BEACH V NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:OOPM on the 25th day of July, 2024, at which time such bids shall be opened and read for 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 $400,000 Engineer's Estimate J Approved by James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: httl2://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 MANDATORY PRE -BID SITE WALK: A mandatory job walk will be conducted for this project on July 9t" 2024 at 9:00 a.m. at Newport Beach Utilities Yard located at 949 W 1611 St, Newport Beach, CA 92663, and will be followed immediately afterward at Newport Beach Police Department located at 870 Santa Barbara Dr, Newport Beach, CA 92660. Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19ttt Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: `B" or "C-33" For further information, call Tom Sandefur, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted 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; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (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. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd 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. Original copies must be submitted to the City Clerk's Office. 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. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5. 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 shad 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 sere. 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. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion wit rr60-days Any-disputed-portion-of-the-c4airn shalLbe-submMed to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 1088866 C-33 _ -- Contractors License No. & Classification A ho gfl re/Title PW-LR-1001014257 06/30/2025 DIR Registration Number & Expiration Date GCD Painting Bidder 07/25/2024 Date 1 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT ontract No. 9393-1 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 seventeen Thousand Four hundred Dollars ($ 17.400 00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2023-2024 FACILITIES PAINTING PROJECT, Contract No. 9393-1 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 n Jr day of _ , 2024. Name of Contractor (Principal) u 'gnature/Title Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 6 U 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 LnAag e I cS } ss. On duty 2S 20 214 before me, K- 9 m i ra Lo r , fl Pkarl Notary Public, personally appeared 3 u • rt Tjon Zv /r Z who proved tomo—on the -basis-ofsatisfactor-y-e-vidence to_be-the persons) whose names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. k mrvRA IOAIV P-AN Notary PA,dc • Cufcrnla =ca t Los Anpe-nCc,rty ! tcnm:a Signaturef M to-mE. Expirit es Jun 2, 0.' (seal) Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 07/ZS/Zozy ---b"tdder''S nd Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary I Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available j 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 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 H-1 (seal) or _ City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 DESIGNATION OF SUBCONTRACTOR(S) -AFFIDAVIT 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 monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. GCD Painting Bidder Au nature/Title City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name GCD Painting 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 $150,000, provide the following information: No. 1 Project Name/Number Newport- Mesa Exterior Painting Project Project Description Exterior painting of various schools Approximate Construction Dates: From 06/2023 Agency Name Newport- Mesa Unified School District Contact Person Leo Hernandez To: 09/2023 Telephone (949) 903-8828 Original Contract Amount $ 445,940 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NA 10 No. 2 Project Name/Number Winter Haven Court House Painting Project Description Interior/exterior painting of court house Approximate Construction Dates: From 04/2023 Agency Name Superior Court of California Contact Person Sergio Valadez To: 05/2023 Telephone (760) 554-1398 Original Contract Amount $ 24,095 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NA No. 3 Project Name/Number Oreilly Exterior Painting Project Project Description Exterior Painting at various sites Approximate Construction Dates: From 04/2023 Agency Name Apex Imaging Services To: 06/2023 Contact Person Doug Zamaria Telephone (909 725-3558 Original Contract Amount $ 154,306.83Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Kohls Retail Store Remodel at Consalidated Services Project Description Painting of interio at consalidated services departement Approximate Construction Dates: From 08/2023 Agency Name Apex Imaging Services Contact Person Doug Zamaria To:10/2023 Telephone p09) 725-3558 Original Contract Amount $ 212,000 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number HomeDepot Exterior Painting Project Description Painting of store front elevation Approximate Construction Dates: From 05/2023 To: 06/2023 Agency Name Apex Imaging Services Contact Person Doug Zamaria Telephone po0 725-3558 Original Contract Amount $ 53,709.7(inal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Target Exterior Painting Project Description Exterior Painting at various sites Approximate Construction Dates: From 0612023 Agency Name Apex Imaging Services Contact Person Doug Zamaria To: 07/2023 Telephone P09) 725-3558 Original Contract Amount $115.126 ao Final Contract Amount If final amount is different-irom_ar4nal-- lease explain ( hange orders, extra work, etc ) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. GCD Painting / I Bidder Au � nature/Title on `x4 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) being first duly sworn, deposes and says that he or she is -the 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 party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Californi 1t4he4 regoing is true and correct. f�C"/, 1,0& r n T 1 k, s Bidder Authorfzed Signature/Title Subscribed and sworn to (or affirmed) before me on this day of , 2024 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. ppp SEE LOOSE CERTIFICATE ATTAcFtQ6tary Public [SEAL] 14 My Commission Expires: F SEE LOOSE CERTIFICATE ATTACHED CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1--6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 LclAna w5 + KAMYRA LORIN PHAN Notary Public • California Los Angeles County Commisslon # 2449035 My Comm. Expires Jun 3. 2027 Subscribed and swom to (or affirmed) before me on this 2 S day of �'^ (y . 20 2y by Date M nono th Year (1) �Uar1 C-1on 7 a I e Z (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature k4r-rW- ' A14 Jc-,� 1-11 Si nature of Notary Public Seal 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: Nbn- Coll Us'tdn Document Date: D7/2 Sfzo24 Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) yltem #5910 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 DESIGNATION OF SURETIES Bidder's name GCD Painting 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): General Liability and Commercial Auto- AIS Insurance Specialist Workers Comp.- Automatic Data Processing Insurance Agency Bid Bond, Payment Bond and Performance Bond- Bryant Surety Bonds 15 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name GCD Painting Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 10 22 12 Total dollar Amount of $300,000 $3,000,000 $150,000 Contracts (in Thousands of $ No. of fatalities 0 0 0 No. of lost Workday Cases 0 0 0 No. of lost 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder GCD Painting Business Address: 24406 Seagrove Ave, Wilmington, CA, 90744 Business Tel. No.: 424-489-4067 State Contractor's License No. and Classification: 1088866 C-33 Entity Type: Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of 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 ATTACHED] 17 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 ACKNOWLEDGEMENT OF ADDE Bidder's name GCD Painting T44e-biddeF-shalt-sig-n& receipt )f-aH- Addenda -here, if any;-and�attach executed corgi of addenda to bid documents: Addendum No. Date Received S 1 07/25/2024 18 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 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: GCD Painting Business Address: 24406 Seagrove Ave, Wilmington, CA, 90744 Telephone and Fax Number: 424-489-4067 California State Contractor's License No. and Class:1088866 C-33 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date:03/31/2026 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: Mario Garcia- Project Manger, Hector Gonzalez and Francisco Cazares- Estimators, Juan Gonzalez- CEO 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 Juan Gonzalez Camarena CEO 24406 Seagrove Ave, Wilmington, CA, 90744 310-245-7358 Corporation organized under the laws of the State of California 19 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: NA 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; NA Briefly summarize the parties' claims and defenses; NA Have you ever had a contract terminated by the owner/agency? If so, explain. NA Have 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 / l4o 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) NA Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Juan M. Gonzalez Camarena (Print name of Owner or President of Corporation/Company) GCD Painting Bidder Autho zed Signature/Title CEO Title /,u Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 Notary Public in and for said State My Commission Expires. 21 (SEAL) SEE LOOSE CERTIFICATE ATTACHED SM LOOSE tanTaws 4Nyawip 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 Callfomla ) County of Los Anvie-5 ) On O 7` Z SQ%Z• y before me, Kamyra Lorin Phan Notary Public , Date 1 Here Inselt Name and Title of the Officer personally appeared V LiQ n ri ��Q11 2A I f' 2 Names of S! ner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hls/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. *.Y KAMYRA LORIN PHANNotary Public • Califorla Los Angeles County5 Commisslon a 244903 Comm. Expires Jun 3, 2027 r 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 _ SlIgnature of Notary Public 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 Do ument Title or Type of Document: �d-IP Document Date: 0 71 Z /2v� Z `i 11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nther. Signer Is Representing: ♦- o f- Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Cl Other: Signer is Representing: 02015 National Notary Association - www.NabonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND may_\I ICIll] W» 73ffl 1-ffl►�I_\�[y�:�0]►1�� The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 2023-2024 FACILITIES PAINTING PROJECT CONTRACT NO. 9393-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of August, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GCD PAINTING, a California corporation ("Contractor"), whose address is 24406 Seagrove Avenue, Wilmington, CA 90744, 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 public work consisting of rust removal, refinishing wood surfaces, cleaning, preparing and painting exterior surfaces, as specified in contract documents, at the following locations: (1) Utilities Yard located at 949 W. 16th Street; (2) City of Newport Beach Police Department located at 870 Santa Barbara Drive; and, (3) Balboa Yacht Basin located at 829 Harbor Island Drive (collectively, 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. 9393-1, 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 One Hundred Seventy Four Thousand Dollars ($174,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, 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 Juan M Gonzalez Camarena to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 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 GCD Painting Page 2 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.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 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: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Juan M. Gonzalez Camarena GCD Painting 24406 Seagrove Ave Wilmington, CA 90744 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything GCD Painting Page 3 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%) 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 Contractor 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 Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. GCD Painting Page 4 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. 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 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request 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 GCD Painting Page 5 Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the 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. GCD Painting Page 6 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. 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 GCD Painting Page 7 non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or 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. GCD Painting Page 8 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, 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] GCD Painting Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: H/I2-/?, By: gion'C. Harp Attorney s�2� �Y ATTEST: a Date: By: Leilani I. Brown City Clerk I'o Rr �n 0� _ 6> � _ n U - T CITY OF NEWPORT BEACH, a California munici al corporation Date: /123/2r.) z Y By: Will O'Neill Mayor CONTRACTOR: GCD PAINTING, a California corporation Date: 11/1 32 -7 , f y: Juan C.'Ge- alez Camarena Chief Executive Officer, Secretary, Chief Financial Officer ` [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements GCD Painting Page 10 CALIFORNIA ALL-PURPOSE. •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Stag' r,California County of Los A►i pes On 0 q /06 /207y before me, _ Kamvra Lorin Phan Notary Public Date Here Insert Name and Title of the Officer personally appeared UQ11 ��0 h Z- i eZ Ca r►"1 o reno, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. *my KAMYRA LORIN PHAN Notary Public - California Signatureq��� 161-1,_1 Los Angeles CountyS gnature of Notary Public Commission # 2449035 Comm, Expires Jun 3, 2027 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: ?a 13-?o19 Fac, /; f ies Fh of: a# enzo4 Co rar t Af0.9 3 Is- 1 Document Date: 034061ozy Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ 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: ^mecca; '✓.:vcs ' .-s,.� rrs� ✓c�✓. `.ti -er J -J -J 'J ✓ �i�y�JG�Jr-Jr-L '�! •✓ ✓ •✓.-`✓�-v y vGv v.'a� ✓ -rJ -`✓ •J.-✓ -'✓r- _Air• • • • • • •• :11 • " :11 .: •1 DUPLICATE ORIGINAL EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CE11499801680 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GCD Painting hereinafter designated as the "Principal," a contract for rust removal, refinishing wood surfaces, cleaning, preparing and painting exterior surfaces, as specified in contract documents, at the following locations: (1) Utilities Yard located at 949 W. 16th Street; (2) City of Newport Beach Police Department located at 870 Santa Barbara Drive; and, (3) Balboa Yacht Basin located at 829 Harbor Island Drive, 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, Philadelphia Indemnity 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 One Hundred Seventy Four Thousand Dollars ($174,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. GCD Painting Page A-1 I01,11:21 ; ► 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 sect, 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 15th day of August , 2024 . GCD Painting Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-1403 Address of Surety 866-516-1776 Telephone APPROVED AS TO FORM: CITY ATTORNErS OFFICE Date:/�U�Zv2 y By: �" Aaron C. Harp 9A City Attorney �/Zy Au a Slgnature/Title Agent Signature John D. Weisbrot, Attorney -In - Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETYMUSTSEATTACHED GCD Painting Paae A2_ /T61-7110WMAZrV{ 4 ki 11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Anyies } ss. On SeDfrmber n& , 202q before me, :4 F"i7,NOtalx , Notary Public, personally appeared ju,*n M. ClaaLaaez Ln-rla reng 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. S".L 01 itAMYRA LORIN PHAN p W - Notary Pwbli€ : Dliferni� CoRil k§jon # 244993§ (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 o Pennsylvania County of Bucks } ss. On August 15 , 2024 before me, Tracy Konopka , Notary Public, personally appeared John D. Weisbrot, Attorney -In -Fact 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. Pennsylvania I certify under PENALTY OF PERJURY under the laws of the State of Ca4fefnie-that the foregoing paragraph is true and correct. my hand and official seal. commonwealth of Pennsylvania • Notary Sea; TRACY KONOPKA. Notary Pubiic i ' `r � Buds County ataj i na ,�' y Commission Expires DeDecember3, 2026 ture Commission Number 1254261 (Seal) - -- - - -GCD-Painting -- Page-A-3 11a "- 1A011.9 CITY OF NEWPORT BEACH BOND NO. CE11499801680 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 174,000.00 , being at the rate of $ 3o.0o thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GCD Painting hereinafter designated as the "Principal," a contract for rust removal, refinishing wood surfaces, cleaning, preparing and painting exterior surfaces, as specified in contract documents, at the following locations: (1) Utilities Yard located at 949 W. 16th Street; (2) City of Newport Beach Police Department located at 370 Santa Barbara Drive; and, (3) Balboa Yacht Basin located at 329 Harbor Island Drive, 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 Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Seventy Four Thousand Dollars ($174,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. - - --GCD--Painting 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 15th day of August , 20 24 . GCD Painting Name of Contractor (Principal) Philadelphia Indemnity Insurance Compan Name of Surety One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-1403 Address of Surety 866-516-1776 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: L2 ©/Z - 2. c( By C/�- -F-Aaron C. Harp City Attorney Autho�r-i - ignature/Title John D. Weisbrot, Atton Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTORAND SURETY MUSTSEATTACHED 3 I � r• _ 3 GCD-Painting - -- - - -- - - -- - -- --Page- 8-2- •' I 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 L os Anaelf-)S. On spyteM b ei-b , 20 Iq before me, L'g02_ /'a Lor,rt Phan,NOf ry�i6(.'r, Notary Public, personally appeared Jinn tj �jdrg fet CgrnA ren 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. m WITNESS my hand and official seal. 61 00> KAMYRA LORIN KHAN Notary Public -California a Los Angeles County My Commission e 2444035 Comm, Expires Jun 3, 2n27 15 (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 Pennsylvania County of Bucks 1 ss. On August 15 , 20 24 before me, Tracy Konopka Notary Public, personally appeared John D. Weisbrot, Attorney -In -Fact , 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. Pennsylvania I certify under PENALTY OF PERJURY under the laws of the State off that the foregoing paragraph is true and correct. WITNESS my hand and official Seal. Commonwealth of Pennsylvania • Notary Seat TRACY KONOPKA - Notary Public J Busks County Ay Commission Expires December 3, 2026 g ature Commission Number 1259261 (seal) GC-D-Painting - ------ - --------- - - - ---- -Page-B-3- DUPLICATE ORIGINAL PHH ADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JOHN D. WEISBROT MELISSA L. MCDADE OR STEVEN M. VARGA its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14's of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) „e Joh Glomb, President & CEO Philadelphia Indemnity Insurance Company On this 51 day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Commonwealth of Parmaylvania-Notary Saal VansessMckenzie, NotaryPublic Montgomery County My commission expires November 3, 2024 Commission number 1366384 Momfrar. Ponnsyrva^.e aasoeiaUen et Natanaa Notary Public: residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51 day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 15th day of August 20 24 Doetisign Ehveldpe ID: DFC29 . E6F-OE8A-4E67-9138B-09D89F383.C7O DUPLICATE ORIGINAL P111LADELPHIAINDEMNITY INSURANCE COMPANY Statntoi-y Statements of Admitted kkse%, Liabilities and Capital- and'Suir & plu (in thousands,: exeeptparvalue and shAke arnounts) Admitted Assets M of December 31, 2022 2021 Bohds (fair iWile $7,902,037-qnd 19,447,694) $ .9.709.823 Preferred stocks.(i value $14,5a6.oagdfj,9,2.62) 14,560 10,762 C&Aftibft stocks (p6st $24,134-a d $44�923) .2439.5 43,194 Mortgage loans 1,074,734 Other invested. aE!sqts.. (cqst $214�.06 and $194,129). 214j13$ 21$,02E Retdivables'fbr sdoutitids told 476 152 Cat, c* equivalents. and shormerin investments 95,212 129,M7 CWi-dhd in-Vcst&das§dts 1Qj7.'%Jl1 .9,49%957 Pr6miuffis-fe-ttelvable, Rgdiits" b-a1t(hS&sgnjd other r&bivabl6s 955;2.18 914,076 R:qjivsuraace reco'verable -Wi paid loss and . loss •a4jpstmqnt expenses 6-4 . j647 Aea ('ieidinvtsttne,nt ine6ma "loot 74i'0.00 1Kqqqivgbje' fvqrn Ordiates 4;466- 5117I Tederal inconic twes xeceivable 21. 231 8J44 assets.. . PAS . 26 141,,948 Other assets .9.953 Tqtal admitted assets. 11,474,302 S 16.69.0.044 Iiabililfies and CaTiftal kad Su�.Wus U-6bilities; U-4pwd-10ss:gpd loss 4.djigtmeptxpen, P- sels. $ 5,680,508 5,436,808 Unearned -prefilium, s; 1.J661050 %(i5:8,339 11pinsurarkee -�je on paid lo, . pgya . . ss.on-o loss adjustment. expenses 5.5 *. 0 &2 Ceded .rdibstirdnce'ptbiiiiums payable, 119..'157 130j474 CoTraigsidns pky?Lble cqnflAgent commissions and .jother.si M1 . lar charges _2$- 247 996 228,6 82,555 77,317 Bayable to'affiliates: .. . . affiliates: . .. . It 3-37' . .21 . - ProVisioxi for reinsurance 678 471 Payable: fdr securities pilrehused 42,426 6,, 191104S- Aizorued eNponse's and other liabilities 58,292. Tibtd1liabiliti6s 84058,159 7,65 58.6. c4pftal; CQHjM0nst0qk-;.paT value of $I#. per share; 1'.00.6,.000 shares -auflibri2A, 450,0.00 shares issued and dutsNndlhik... 4,500 -4,500 Surplus; GWs§--paid4n;iM tbhfr1buted_:§brplus 39-6,071 386,07-1 'T'j'1aW1gAeA surplu§ 3.625,572i 2,654.893 Total Surplus 3,41 L641 _104U64 T-6fal q#pjtoand surplu.s 3,416,143 1045'464 'Total liabilitiea mid capital and surplus S. 11,474:302 S 10,69214-4 The und6raigned.being duly swop -says:. That she is the Executive Vic President and Chief Financial Officor of 11 e Pall Thiladop* lfide=4 Lnslirandb Company; d is a coTporation duly- organized in the state of ..p: that Company Pennsylvania, and licprised and engagand has daly-.eb td-with'All the r A , .of -the.19ws of the -skid State applitablie of -the said Comp ay'' and is duly qualified to fibt at Snitty u4 Ckvij,sI,,"- A *�i thatsaidCompany has also complied with and is duly qnal[-&dlo.act mas Sur ety-iinderthe A6t6.fC011ALftS,-- to the bust of herk'noNvWgm0 beliefthe obove, statement is a.fall, ttue, and comectatatornent of 47t Cnmmonwealih Refinsylvanis 51inedby: Notday. sal Kim Wly*A. KeAslashl,-Notary'Rublic zC%- z 0 n tg' P'Mo r'y County _ VYV ' .7 MY Q.0MM1S*10.n:e%plf6s Dticbifibar 18i2094 k=w0ma jeAo,jjV P Ja CoMM)§slon numbsr•1245769 Y Sworn LQ before fine, thik 61 day of June, 2023. 2 ) 0 § « 2 \ 3 { \ f ( B , «ajƒ � 3 k £ / Q . : t 2 2 = 2 m 2 \ . . j \ ILd . LL \ c [ \ \ \ \ 2 ). j \ b z ( 0 \ ) k § ) \in R ) . \ ¢�2 0 G » / § k \ c G / � 0 . / ) / \ ,a ) $ ƒ \ / I k ) } \ 3 2 = k « / 2 =.0 ) I k # k City of Newport Beach 2023-2024 FACILITIES PAINTING PROJECT Contract No. 9393-1 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 Councilmembers: The undersigned declares that the Contractor 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. 9393-1 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: 07/25/2024 Date 424-489-4067 Bidder's Telephone and Fax Numbers 1088866 C-33 Bidder's License No(s). and Classification(s) PW-LR-1001014257 DIR Registration Number GCD Painti Bidder Bidd th ized Signature and Title 24406 Seagrove Ave, Wilmington, CA, 90744 Bidder's Address Bidder's email address: estimating@gcdpainting.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2023-2024 Facilities Painting Project CONTRACT NO. 9393-1 DATE: 7ll0 2'2`f BY: -�/l^r/06") �( pep ty Public Works Director/City Engineer TO: ALL PLANHOLDERS AND BIDDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. PLANS 1. Revised Sheet 2 a. Added Construction Note 9 to Building 3. B. Request For Information Q1: Could you send a copy of both Utilities Yard and Police Department sign -in sheets from the mandatory pre -bid site walk? Al: Please see Attachment 2 and 3, Mandatory Pre -Bid Sign -in Sheets. Q2: Do we need to remove the vines on the North facing side of Building 3 at the Utilities Yard to be able to completely seal all the exterior CMU? A2: Yes. See Attachment 1, Revised Sheet 2. Q3: Do we need to remove light fixtures and signs to be able to paint underneath, then put back in place? A3: Yes. See section 315-1.1, of Special Provisions. Q4: Do we need to paint the hand rails at the Police Department? A4: No. The handrails at the Police Department shall not be painted. Q5: Do we need to provide portable restrooms? A5: Yes. Contractors shall include cost in their bid to provide portable toilets for jobsite workers. Refer to section 9-3.1, bid item No. 1, of Special Provisions. Q6: When is the projected date to start the project? A6: The project is anticipated to be awarded at the 08127124 City Council Meeting. The contractor is expected to work towards getting a contract in place and begin work upon award. Q7: What's the paintable sq. ft on additive building? Also garage doors sq. ft? A7: Refer to section 9-3.1, bid item No. 5, of Special Provisions for total paintable sq. ft. Q8: The lowest responsible bidder gets awarded the project. Will the alternate line item affect our bid? A8: The oroiect will be awarded to the lowest responsible base bid. its Addendum No. 1 and attach it to the bid proposal. A bid may nsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. GCD Painting Bidder's Name (Please Print) 07/25/2024 Date C C� zed Signature & Title Mario Garcia Senior Project Manager Riverside, CA 92507 mariocg1990@gmail.com +1 626 353 6656 Work Experience Senior Project Manager GCD Painting -Los Angeles, CA October 2021 to Present Developer project plans that identify resources and budgetary needs. Host project meetings at least once a week with team and managers Provide feedback, advice, project updates and encouragement to team members, Manage deadlines and push the team to ensure timeliness. coordinate with vendors and supplies as needed. Monitor project progress and set deadlines. Solve issues that arise. Manage project budget. Evaluate project performance. journeyman Plumber/Foreman SUNDANCE PLUMBING -Placentia, CA April 2022 to November 2022 Worked to install and maintain the plumbing system in large-scale facilities Installed effective and reliable plumbing systems. Manage crews of u to 8 workers Leadership Blue Print Reading Commercial residential and industrial plumbing Tenant improvement, shell work, new construction, services and repairs. Turn over projects on time Budgeting Estimating Hands On Journeyman Plumber/Foreman VR Plumbing -Riverside, CA July 2018 to April 2022 Worked to install and maintain the plumbing system in large-scale facilities Installed effective and reliable plumbing systems. Manage crews of u to 8 workers Leadership Blue Print Reading Commercial residential and industrial plumbing Tenant improvement, shell work, new construction, services and repairs. Turn over projects on time Budgeting Estimating Plumbing Technician Rooter Hero Plumbing -San Jose, CA March 2014 to July 2018 Conducted service inspections and tested systems to ensure normal function. Responded to emergencies during and after work hours. Installed effective and reliable plumbing systems. Trouble shooting to repair or replace plumbing systems or fixtures Commercial, residential and industrial plumbing Plumbing Apprentice JMG Construction -San Jose, CA May 2010 to February 2014 Carried out help to journeyman Learned basics of plumbing systems and codes, improving everyday Handled plumbing situations and replaced and installed minor parts Learned how to handle power tools and plumbing tools Education High school diploma High school -San Jose, CA September 2004 to June 2008 AEC / DEP or Skilled Trade Certificate in Plumbing C-36 Los Angeles, CA Skills • Commercial Plumbing (7 years) • Customer Service (10+ years) • Management (6 years) • Plumbing (10+ years) • Blueprint reading (6 years) • Crew management (7 years) • Residential plumbing (10+ years) • Pipe threading (10+ years) • Supervising experience • Construction • Project management (6 years) • Construction Management • Construction Estimating • Project Planning Languages • English - Fluent • Spanish - Fluent Certifications and Licenses C-36 CSLB plumbing trade contractors license August 2018 to Present Plumbing License CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2023-2024 FACILITIES PAINTING PROJECT PROJECT NO. 24F02 CONTRACT NO. 9393-1 PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-110BWALK 1 1 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2 1-2 TERMS AND DEFINITIONS 2 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-2-5 Personnel Security Screening 6 7-5 PERMITS 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.1 General 7 7-8.4.2 Storage in Public Streets 8 7-8.5 Temporary Light, Power and Water 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 8 7-10.1 Traffic and Access 8 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 11 PART 2 - CONSTRUCTION MATERIALS 11 SECTION 215 — BUILDING MATERIALS 11 215-1 BUILDING MATERIALS 11 215-1.1 Paint 11 PART 3 - CONSTRUCTION METHODS 11 ADD TO SECTION 310 — PAINTING 11 310-5 PAINTING VARIOUS SURFACES 11 310-5.1 Painting Structural Steel 11 310-5.1.1 Paint 11 310-5.1.2 Cleaning 12 310-5.3 Painting Galvanized Surfaces 12 310-5.5 Painting Lumber 12 310-5.5.1 Paint 12 310-5.6 Painting Concrete Surfaces 12 310-5.6.1 Paint 12 310-5.6.2 Preparation of Surfaces 13 310-5.7 Painting CMU Surfaces 13 310-5.7.1 Paint 13 310-5.7.2 Preparation of Surfaces 13 310-5.8 Painting Aluminum Surfaces 13 310-5.8.1 Paint 13 310-5.8.2 Preparation of Surfaces 13 310-5.9 Painting Portland Cement Plaster (Stucco) Surfaces 13 310-5.9.1 Paint 13 SECTION 315 — PAINT AND SEALER SURFACE PREPARATION 14 315-1 SURFACE PREPARATION 14 315-2 PAINT APPLICATION 14 315-2.1 General 14 315-2.2 Material Compatibility 15 315-2.3 Cleaning and Protection 15 315-3 SUBMITTALS 16 315-3.1 Product Data 16 315-3.2 Samples for Initial Selection 16 315-3.3 Samples for Verification 16 314-3.4 Product List 315-3.5 Mockups APPENDIX A — NBPD Disclosure Authorization APPENDIX B —Fingerprint Application Form APPENDIX C—Rainguard Pro Micro -Seal HD APPENDIX D — Utilities Yard Photos APPENDIX E — Police Department Photos APPENDIX F— Balboa Yacht Basin Photos 16 16 2 3 4 5 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2023-2024 FACILITIES PAINTING PROJECT PROJECT NO. 24F02 CONTRACT NO. 9393-1 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. B-5316-S); (3) the City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-1 JOBWALK The City will conduct a Pre -bid Site Meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is MANDATORY. The purpose of the Pre -Bid Site Meeting is to acquaint prospective bidders with the Utilities Yard and the Police Department (PD), both not accessible to the public. The prospective bidders will have the opportunity to assess local physical features, site logistics, water and power sources, obstructions and access for these locations. Appendix F includes photos of the Balboa Yacht Basin, a publicly accessible location. It is the Contractor's responsibility to perform site visits, as necessary to provide a comprehensive Bid. Page 1 of 16 The conditions and requirements of these Specifications will be govern over any information presented at the Pre -bid Site Meeting. Addenda will be prepared and issued, as necessary, to affect any changes to these specifications. SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "B" General Building Contractor or a Class "C-33" Painting and Decorating Contractor license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of rust removal, refinishing wood surfaces, cleaning, preparing and painting exterior surfaces, as specified in contract documents at the following locations: 1. Utilities Yard (949 W. 16th Street) 2. City of Newport Beach Police Department (870 Santa Barbara Drive) 3. Balboa Yacht Basin (829 Harbor Island Drive) 3-3 EXTRA WORK 3-3.2 Payment SECTION 3 - CHANGES IN WORK Page 2 of 16 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to thorough inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with 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 materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the Special Provision. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory Page 3 of 16 results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. PLEASE NOTE THE FOLLOWING SCHEDULE CONDITIONS AT EACH LOCATION: 1. Utilities Yard: Working hours for this location shall occur between 7:00 a.m. — 4:30 p.m. 2. Police Department: Working hours for this location shall occur between 7:00 a.m. — 4:30 p.m. 3. Balboa Yacht Basin: Working hours at Galley Cafe shall occur between 1:00 p.m. — 5:00 p.m., working hours for all other buildings shall occur between 7:00 a.m. — 5:00 p.m. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 70 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. Page 4 of 16 Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. Contractor shall work at one site at a time. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $276 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of Plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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 Page 5 of 16 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. At the end of the project, the Contractor shall provide all manufacturer warranty information available to the Engineer. 6-9 LIQUIDATED DAMAGES 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. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to facilities' users and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-2-5 Personnel Security Screening Prior to commencing services, Contractor and all personnel assigned to work at the Newport Beach Police Department Headquarters (870 Santa Barbara Drive) are required to successfully pass a California Department of Justice Live Scan Fingerprinting background check (Live Scan), wants/warrants check and regional records clearance performed by the City of Newport Beach Police Department. The Contractor shall be responsible for obtaining the Live Scan for all workers prior to performing work and shall bear the cost thereof. The Contractor shall schedule the Live Scan with the Newport Beach Police Department. On the day of the Live Scan, the worker must obtain an application form from the Newport Beach Police Department (located at 870 Santa Barbara Drive). Upon completion of the application form, the Live Scan will be performed. The worker must possess a photo ID (e.g. Driver's License) at the time of the Live Scan. The Police Department will advise the Contractor and City's Project Manager whether the worker has passed Live Scan and want/warrant and records clearance. The Newport Beach Police Department Disclosure Authorization & Release Form and the Police Page 6 of 16 Vendor Records Check — Fingerprint Application Form required to complete this task is available on Appendix A and B. Following Council award, the Contractor shall schedule all employees planning to work within the facility for the Police Department screening process. Obtaining the screening results may take up to three weeks to process and is the sole responsibly of the Contractor in managing all employees working at the Police Department. 7-5 PERMITS Replace this Section with "A City Building Permit is not required." 7-7 COOPERATION AND COLLATERAL WORK City work crews at the Police Department (PD) and the Utilities Yard are on continuous duty and will require continuous access to their facilities to respond incidents in the field. The Contractor at all times shall be prepared to temporarily cease operation in short notice to give PD and City crews access to retrieve the equipment, tools, and/or materials stored inside the buildings. To minimize the construction impacts, the Contractor shall: 1. Make every effort to conduct his work in a manner that will not interfere with the City operations. 2. Provide barriers to control construction dust and debris at all times. 3. Remove construction debris from the work site at the end of each workday. 4. Provide trash service for construction personnel. 5. Maintain City vehicle access to the facilities at all times. 6. Park construction and personal vehicles offsite. Parking permits will be provided by the City as needed. 7. Instruct workers to check out and exhibit credentials provided by the Police Department at all times and to return them daily to the front desk. 8. Work at the Utilities Yard Access the work area through the front entrance of the City of Newport Beach Police Department only. 9. Instruct workers to remain within the work area and not to enter other areas of the Police Department without prior approval of the Police Department Facilities Manager or designee. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.1 General Store materials not in use in tightly covered containers in well -ventilated areas with ambient temperatures continuously maintained at not less than 45 degrees F (7 degrees C) or more than 120 degrees F (49 degrees C). Maintain containers in clean condition, free of foreign materials and residue. Remove rags and waste from storage areas daily Page 7 of 16 7-8.4.2 Storage in Public Streets Construction materials and equipment may not be stored in streets, roads, or sidewalk areas. 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. If desired, the Contractor may enclose his storage area(s) with a minimum 6-foot high chain linked fence. The storage area(s) shall contain all of the contractor's materials, supplies, equipment, machinery, toilets, workbenches, etc. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.5 Temporary Light, Power and Water The Contractor will have gratis use of the City's water and power at the work sites. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) Where applicable, 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 will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.1 Traffic and Access Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or Page 8 of 16 equipment, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Since the City facilities operate continuously, the Contractor shall expect and plan for vehicle and pedestrian traffic around his work at all times. Construction delineators and other warning devices shall be placed whenever work is being performed along access roads within the Yards for safely. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all Lump Sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General The lump sum bid prices 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. Contract will be awarded based on the lowest base bid amount plus the additive alternate bid items identified herein. The following items of work pertain to the bid items included within the Proposal: Page 9 of 16 Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing BMPs, construction schedule, Schedule of Values, site cleanup, at least one (1) portable toilet, and all other related work as required by the Contract Documents and these Special Provisions. Item No. 2 Utilities Yard (Exterior) (949 W 16th St): Work under this item shall include all equipment materials, supplies, labor and costs needed to paint at least one coat of primer and two (2) coats of new paint on all exterior stucco surfaces (approx. 12,700 SF), metal fascia (approx. 4,000 LF), steel roll up garage doors (approx. 9,800 SF), metal doors and window trim (approx. 2,100 LF) aluminum louvers (approx. 350 SF), metal scupper and downspout (approx. 650 LF), metal roof access ladders (approx. 40 LF), all exterior fixtures on the buildings, stairwell (outside of Building 1); paint protective corner guards at the garage roll up doors and furnish/replace missing protective corner guards where applicable; apply two (2) coats of clear absorbent sealant on all CMU surfaces (approx. 23,000 SF) with RainguardPro Micro -Seal HD Natural Transparent Water Repellent (please see Appendix C) or Engineer approved equal; protect all other City properties (vehicles, equipment, tools, etc.) from damage by the work; clear and grub as necessary to receive the improvements on the south facing exterior wall of Building 6, prepare and/or repair all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 3 Police Department (Exterior) (870 Santa Barbara Dr): Work under this item shall include all equipment materials, supplies, labor and costs needed to paint at least one coat of primer and two (2) coats of new paint on all exterior stucco surfaces (approx. 20,000 SF), all metal exterior surfaces including: metal louvers (approx. 200 SF), metal doors and metal awnings (approx. 350 SF), metal canopy structure with supports approx. (950 SF) over gas pumps, metal parapet caps; protect all other City properties (vehicles, equipment, tools, etc.) from damage by the work; prepare and/or repair all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Item No. 4 Balboa Yacht Basin (Exterior) (829 Harbor Island Dr): Work under this items shall include all equipment materials, supplies, labor and costs needed to paint at least one coat of primer and two (2) coats of new paint on all door and window trims (approx. 2,000 LF), wooden fascia (approx. 1,600 LF), corbels, wood rails (approx.150 LF), metal rails (approx.100 LF), stucco walls (approx. 11,600 SF), wood siding (approx. 3,200 SF), wooden garage doors (approx. 2,200 SF), doors (approx. 350 SF), and protect all other city properties (vehicles, equipment, tools, etc.) from being damaged by the work; and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements; and install at least two coats of primer and two (2) coats of new paint/coating. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor. Page 10 of 16 ADDITIVE ITEM Item No. 5 Utilities Yard Building 7: Work under this item shall include all equipment materials, supplies, labor and costs needed to paint at least one coat of primer and two (2) coats of new paint on all exterior metal surfaces (approx. 7,300 SF); replace steel building ribbed panel with similar; and prepare all surfaces (pressure washing, sanding, grinding, Bondo® filling, caulking, de -rusting, etc.) to receive the improvements. 9-3.2 Partial and Final Payment From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 215 — BUILDING MATERIALS 215-1 BUILDING MATERIALS 215-1.1 Paint Unless specifically noted below, the materials necessary to complete the work shall be as indicated in the project specifications or Engineer approved equal. Contract shall provide the Engineer with color chips for approval prior to starting work. Site specific materials are listed below: Utilities Yard (949 W 16TH St) • CMU Sealer o RainguardPro Micro -Seal HD Natural Transparent Water Repellent PART 3 - CONSTRUCTION METHODS ADD TO SECTION 310 — PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.1 Painting Structural Steel 310-5.1.1 Paint Add to this Section: "Waterborne acrylic over an Alkyd Primer System: Page 11 of 16 Prime coat to consist of primer, rust inhibitive, waterborne alkyd, exterior, Dunn -Edwards, Enduraprime Rust Preventative Primer ENPR00. Intermediate coat to consist of acrylic, exterior, matching topcoat. Top coat to consist of waterborne, acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.1.2 Cleaning Add to Section: "Remove rust, loose mill scale, and shop primer if any. Clean using methods recommended in writing by paint manufacturer." 310-5.3 Painting Galvanized Surfaces Add to Section: "Waterborne acrylic over a latex primer system: Prime coat to consist of primer, waterbased exterior, Dunn -Edwards Ultrashield Galvanized Metal Primer ULGM00. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. Topcoat to consist of waterborne acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.5 Painting Lumber 310-5.5.1 Paint Add to this Section: "Ultra -Premium Latex System: Prime coat to consist of primer, waterbased, exterior, Dunn -Edwards, EZ-Prime Premium EZPR00. Intermediate coat to consist of latex, exterior, matching topcoat. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100% acrylic, (Gloss Level 2). Stain System, Acrylic: Preparation to include Rustoleum, RockSoild Wood Cleaner & Brightener. Intermediate coat to consist of acrylic, exterior, matching topcoat. Topcoat to consist of acrylic, exterior, water -base, wood stain, Rustoleum, Okon Weather Pro Solid Stain." 310-5.6 Painting Concrete Surfaces 310-5.6.1 Paint Ultra -Premium Latex System: Prime coat to consist of primer, alkali resistant, waterbased, exterior, Dunn -Edwards, Eff- Stop Premium ESPR00 (if efflorescence is present) or Super-Loc Premium SLPR00-2- WH Exterior Masonry/Bonding Primer. Intermediate coat to consist of latex, exterior, matching topcoat. Top coat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100% acrylic, (Gloss Level 2). Page 12 of 16 310-5.6.2 Preparation of Surfaces Remove release agents, curing compounds, efflorescence, and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in the manufacturer's written instructions. 310-5.7 Painting CMU Surfaces 310-5.7.1 Paint Ultra -Premium Latex System: Prime coat to consist of alkali resistant, waterbased, exterior primer, Dunn -Edwards, Eff- Stop Premium ESPR00 (if Efflorescence present) or Urethane Modified Acrylic Exterior Masonry/Bonding Primer, Dunn -Edwards Super-Loc Premium SLPR00-2-WH (Previously painted surface). Intermediate coat to consist of latex, exterior, matching topcoat. Top coat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100% acrylic, (Gloss Level 2). 310-5.7.2 Preparation of Surfaces Remove efflorescence and chalk. Do not paint surfaces if moisture or alkalinity of surfaces or mortar joints exceeds that permitted in manufacturer's written instructions. 310-5.8 Painting Aluminum Surfaces 310-5.8.1 Paint Waterborne Acrylic over a Latex Primer System: Prime Coat to consist of primer, waterbased, exterior, Dunn -Edwards, Ultrashield Galvanized Metal Primer ULGM00. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. Top coat to consist of waterborne, acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn Edwards, Endura-Coat ENCT50. 310-5.8.2 Preparation of Surfaces Remove loose surface oxidation. 310-5.9 Painting Portland Cement Plaster (Stucco) Surfaces 310-5.9.1 Paint Ultra -Premium Latex System: Prime coat to consist of primer, alkali resistant, waterbased, exterior, Dunn -Edwards, Eff- Stop Premium ESPR00. Intermediate coat to consist of latex, exterior, matching topcoat. Page 13 of 16 Top coat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100% acrylic, (Gloss Level 2). SECTION 315 — PAINT AND SEALER SURFACE PREPARATION 315-1 SURFACE PREPARATION 315-1.1 General Comply with manufacturer's written instructions. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface -applied protection before surface preparation and painting. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface -applied protection. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants. Remove incompatible primers and re - prime substrate with compatible primers or apply tie coat as required to produce paint systems indicated. All surfaces shall be scraped, sanded (wood), pressure washed (non -wood), grinded (metal), patched, filled, or caulked in addition to the technical specification requirements to ensure proper adhesion and product manufacturer's written instructions. No finishes shall be applied if the surfaces do not comply with the product manufacturer's instructions in terms of temperature or humidity. 315-2 PAINT APPLICATION 315-2.1 General Apply paints according to manufacturer's written instructions. Use applicators and techniques suited for paint and substrate indicated. The number of coats scheduled is the minimum number of coats required. Additional coat(s) shall be applied at no additional cost to the Owner, to completely hide base material, provide uniform color, and to produce satisfactory finish results. Apply coatings without thinning except as specifically required by label directions or required by these specifications. In such cases, thinning shall be the minimum reduction permitted. Paint both sides and edges of exterior doors and entire exposed surface of exterior door frames. Paint entire exposed surface of window frames and sashes. Do not paint over Page 14 of 16 labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. Tint each undercoat to a lighter shade of the finish coat (not to exceed 2 ounces of colorant) to facilitate identification of each coat if multiple coats of same material are to be applied. If under coats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. Paint the following where exposed to view: 1. Uninsulated metal piping. 2. Uninsulated plastic piping. 3. Pipe hangers and supports. 4. Metal conduit. 5. Plastic conduit. 6. Other items as directed by the Engineer. 315-2.2 Material Compatibility Provide products listed from Dunn -Edwards Corporation or approved equal. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. Provide materials that comply with VOC limits of authorities having jurisdiction. The use of colorants containing hazardous chemicals, such as ethylene glycol, is prohibited. Examine substrates and conditions, with Applicator present, for compliance with requirements and other conditions affecting performance of Work. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. Proceed with coating application only after unsatisfactory conditions have been corrected. Colors shall be as selected by the Engineer. 315-2.3 Cleaning and Protection At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. Page 15 of 16 Correct any damage to the existing site by cleaning, repairing, replacing, and refinishing, as approved by Engineer, and leave in an undamaged condition. 315-3 SUBMITTALS 315-3.1 Product Data For each type of product, include preparation requirements and application instructions. 315-3.2 Samples for Initial Selection Provide samples for initial selection for each type of topcoat product. 315-3.3 Samples for Verification Provide samples for each type of paint system and each color and gloss of topcoat. Submit samples on rigid backing, no smaller than 7 inches by 10 inches or larger than 8.5 inches by 11 inches. Label each sample for the project, Engineer, general contractor, painting contractor, paint color name, paint brand name, "P" number if applicable, and application area. 314-3.4 Product List For each product indicated, include cross references to the paint system and locations of application areas. Use same designations indicated on Drawings and in schedules. Include the VOC content. 315-3.5 Mockups Apply mockups of each paint system indicated and each color and finish selected to verify the preliminary selections made under Sample Submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. Provide samples of at least 100 sq. ft. Engineer will designate any other items or areas required. Final approval of color selections will be based on mockups. If preliminary color selections are not approved, apply additional mockups of additional colors selected by Engineer at no added cost to Owner. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Engineer specifically approves such deviations in writing. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. Page 16 of 16 APPENDIX A — NBPD Disclosure Authorization Al CITY OF NEWPORT BEACH NEWPORT BEACH POLICE DEPARTMENT DISCLOSURE AUTHORIZATION AND RELEASE I hereby authorize the City of Newport Beach (the City), its employees, representatives and agents to collect any pertinent information the City deems appropriate, including information regarding references, driving record, criminal history, previous employment, job performance, personnel records, salary, social media, and related matters from any of my former employers, employees, representatives or agents. In addition to authorizing the release of any information regarding employment, I hereby fully waive any rights or claims I have or may have against the City of Newport Beach and its agents, employees or representatives from any and all liability, claims or damages that may directly or indirectly result from the use, disclosure, or release of any information by any person or party, whether such information is favorable or unfavorable to me. In addition, during employment, I understand that the City has contracted with the Department of Justice for arrest notifications regarding its City employees. If hired as a City of Newport Beach employee, vendor or contractor, I authorize the City to receive such notifications regarding me. I understand that the City will use such information only as permitted by law. I understand that I will not receive and am not entitled to know the contents of confidential reports received, and I further understand that these reports are privileged. I acknowledge that I have read this authorization and release, fully understand it, and voluntarily agree to its provisions. Contractor's Signature Date (Print or Type Contractor's Name) Title of Contractor WITNESS STATEMENT I affirm that I witnessed the above named individual acknowledging the Disclosure and Release Form and witnessed said individual signing stated document. Signature Position Title Revised October 2020 Date APPENDIX B —Fingerprint Application Form B1 Title of Position: CONTRACTOR Business Name: Name: (First) AKA: (First) Residence Address: (Street) Business Address: (Street) Personal Phone Number: Date of Birth: Height: Weight: Social Security Number: -_ Driver's License Number: Notify in Case of Emergency: Name: Address: Applicant Signature Rev. 10/19/20 NEWPORT BEACH POLICE DEPARTMENT FACILITIES SECTION POLICE RECORDS CHECK APPLICATION (Middle) (Last) (Middle) (Last) (City) (State) (Zip) (City) (State) Business Phone Number: Place of Birth: Hair Color: Eye Color: Occupation: Sex: State: Exp Date: / / Relationship: Phone Number: Date: Purple APPENDIX C—Rainquard Pro Micro -Seal HD B1 Micro -Seal° HD Silane/Siloxane with MICRO-LOKTm TECHNICAL DATA SHEET High solids Silane / Siloxane water repellent provides protection from mold, mildew, and efflorescence. Clear long lasting formula designed to seal a variety of surfaces. Micro -Seal° CSI Reference 03 35 43 Concrete Finishing 04 40 00 Unit Masonry 09 61/96 Finishes 09 24/25 Finishes 'standard warranty period is 20 years Description Micro -Seal® HD is a solvent -free, 100% active solid, silane/ siloxane repellent. Micro-Seal°HD self -emulsifies to form a high-performance and deep -penetrating, alkali -resistant water-repellent emulsion. When applied Micro -Seal® HD forms a long chain water-repellent barrier deep within the brick and masonry surface. This hydrophobic barrier repels water, yet remains highly vapor -permeable for moisture to escape. Micro -Seal° HD performance is unaffected by weathering, UV light, and wind -driven rain. Micro -Seal® HD uses MICRO-LOKTM to create a micro -molecular chemical and mechanical bond between the water-repellent chemicals and the substrate. Micro -Seal® HD penetrates deep into porous brick and masonry surfaces for long- lasting and virtually indestructible water-repellent protection that is unaffected by weather or sunlight. It helps prevent spalling, and cracking caused by freeze/thaw cycles. It also helps prevent chloride ion intrusion and efflorescence. Features & Benefits • Mold and mildew inhibitor • Acid and grease resistant • Weathering, no change after 3,500 hours • V.O.C. compliant; Contains no known carcinogens • Breathable — does not trap moisture • Can be used in cold temperature applications • Will NOT yellow or turn cloudy • UV Stable • Penetrates deep — Perfect for use on brick porches, chimneys, and walkways • Stain resistant to oil, gas and anti -freeze; great for concrete parking garages • Great winterizing agent — Protects bricks from icing and salt infiltration • Controls efflorescence on brick, block, and stucco surfaces • Does not change the surface look or texture • 100% vapor permeable • Protects against wind driven rain • Helps resist freeze/thaw damage Customer Service Help -Line 888.765.7070 Coverage Rate by Substrate (theoretical) The coverage depends on the surface. Test the product on a small area of the substrate to estimate coverage Extremely porous surfaces may require multiple coats. Substrate Sq Ft/ Gallon CMU & Block 50 - 80 Adobe Block & Natural Stone 70 - 90 Clay Brick 125 - 150 Wood 150 - 200 EIFS 80 - 120 Stucco 100 - 150 Concrete 135 - 160 Concrete Curing 310 - 410 The use of fluted, scored block, raked joints, sandblasted or etched surfaces will result in greater absorption and lower coverage rates, by up to 40%. Test these areas for the expected coverage rate before general application. Allow for this increased surface area when determining material requirements. Surface Preparation Prior to application, all surfaces shall be clean and dry with no oils, dirt, debris, or minerals such as efflorescence, lime and calcium. These stains, along with others, will prevent proper penetration of Micro -Seal® HD to sufficiently seal for the warranty period. The use of RainguardPro's Restore-N-Prep TM Concrete and Masonry Cleaner system is recommended as a pre- treatment to clean masonry surfaces. Once clean, allow the surface to fully dry before sealing or applying a top- coat (See the Restore-N-PrepTm TDS for details). Restore-N-PrepTI CSI Reference 03 01 40 Concrete Finishes 03 10 30 Concrete Finishes 03 10 50 Concrete Finishes 04 01 20 Unit Masonry 04 01 40 Unit Masonry Color & Finish Color Finish Clear Natural RainguardPro.com Page 1 of 4 Dilution Only add fresh clean water to dilute any concentrates. Standard dilution is 9 parts water:1 for the 1 gallon concentrate. Ratio Description 4 parts water to 1 Extra strength for surfaces that are part concentrate highly porous 9 parts water to 1 Standard strength, ideal for most part concentrate porous surfaces. Extra porous surfaces may require a second coat. 14 parts water to 1 Ideal for very dense surfaces. Also part concentrate ideal for dustproofing applications. DO NOT DILUTE if the product is Ready to Use. Refer to the product label for accurate dilution rates. Application Instructions 1. Apply Micro -Seal® HD using a hand pumped garden sprayer (do not atomize) or low-pressure airless spray equipment. 2. If using airless spray equipment we recommend a spray tip size of .035 to .051. Spray head should be held 8 to 12 inches from the surface. 3. Apply a fog coat quickly followed by a flood coat that runs down the wall approximately 6-12 inches below the point of application. 4. Apply material following the coverage rate previously listed (P.1). 5. Avoid application in windy weather. 6. Trigger gun off at the end of each pass to avoid using excessive materials. 7. Multiple coats may be applied. Whitening or yellowing will not occur. Concrete Curing Micro -Seal® HD regulates the moisture content of the concrete at the curing stage. It prevents quick water evaporation. This alleviates cracking while the concrete is dries. Micro -Seal® is also breathable for the escape of moisture over time. Apply Micro -Seal® HD at a rate of 300 - 400 sq. ft. / gallon to "wet" the fresh concrete. This is typically done the day after pouring the concrete, and after form release agents, oils and other products are properly prepared to receive a curing aid. Test Panel Always apply Micro -Seal® HD onto a mock wall or test panel. Test the wall or an actual surface area to determine acceptable color, surface porosity, application rates and methods before starting general application. Safe Handling Use product only with adequate ventilation and/or an appropriate cartridge type respirator. Avoid contact with skin and wear protective gloves. Read the Safety Data Sheet before using. Precautions Use material in a well -ventilated area. Protect the work of other trades. Protect shrubbery and other plants with drop cloths. Protect automobiles and all other areas not to be coated from overspray. Remove overspray from any windows, automobiles, metal, etc. as soon as possible should it occur. To prevent permanent staining, clean spills or leaks in a timely manner. All surfaces to be coated should be clean of any dirt and grime, efflorescence, lime run, form oils and release agents, grease, mud, excess mortar, and mold and mildew, etc. All cracks should be pointed or caulked. All voids, beeholes, masonry surface defects and openings such as conduits, pipes, drains, door frames, vents, air conditioner openings, electrical openings, control joints, or any dissimilar materials should be repaired using urethane or other approved patching. Do not apply to surfaces if moisture content is greater than 25% as measured with an electronic moisture meter. Do not apply materials in climates where freezing temperatures have existed prior to application. Allow adequate time for surfaces to thaw. Establish that air, surface, and material temperatures are above 40'F (4.4°C) and at least 5°F above the dew point prior to painting. Do not apply at temperatures below 40°F when temperatures are expected to drop below 40°F within 48 hours of application. Do not apply if rain, snow, or lower temperatures are expected within 48 hours. Do not apply if relative humidity is greater than 90%. Clear water repellents are not designed to waterproof horizontal masonry surfaces such as ledges, sills, cornices and parapet walls, etc. Store materials in a well -protected area at 45°- 90°F. Avoid freezing temperatures, direct sunlight, and moisture. Keep away from heat sources. Customer Service Help -Line 888.765.7070 RainguardPro.com Page 2 of 4 Approvals & Qualifications LAUSD - OESH USGBC - LEED Points LEED (New Construction) LEED ( New Schools/CHPS) CARB SCAQMD FDA USDA Test Data ASTM C666 ASTM C672 100 Cycles ASTM D2243 ASTM G154 2,500 HOURS ASTM C672/C672M Wind Driven Rain Water Pen Fed Spec Salt Pounding NCHRP Chloride Ion Absorption Water Abs CMU ASTM C140-75 Water Vapor Trans ASTM D-1653-71 Water Repellency ASTM C67-87 Weathering ASTM G-53 Surface Burning ASTM E84 Deicer Scaling ASTM C672 Technical Data Material Type Active Content Volume Solids Color of Material Odor V.O.C. Flash Point pH Value Viscosity Weight Surface Dry/Recoat Full Chemical Cure C Approved Up to 3 Points Approved Approved Approved Approved Meets Requirements Meets Requirements 2200 Cycles - No effect No Mass Loss, No Scaling Do Not Freeze No Loss in Repellency No Scaling, 100 Cycles Treated Concrete ASTM E-514-86., 98.7% Leak Red SS-W-110C, 75% Min Req, 96.8 Leak Red Chloride Ion Intr No. 244 Series IV - 95% Red No. 244 Series II - 87% Red No. 244 Series II - 87% 98.6% Effective 100% Vapor Perm 98.6% Effective 3,500 Hours - No Change Flame Spread 0, Smoke Development 0 150 Cycles 0 Rating Silane/Siloxane 100% 80% Milky White No Odor 0 g/L V.O.C. Compliant Non -Flammable 6 9.6 Seconds No. 4 Ford Cup Approximately 8.7 lbs./Gal. Approx 1 Hour 5 to 7 days Customer Service Help -Line 888.765.7070 RainguardPro.com Page 3 of 4 ./"�� . 9 0 C 5i 191969 Warranties Rainguard Brands, LLC guarantees that this product is free from manufacturing defects and complies with our published specifications. In the event that the buyer proves that the goods received do not conform to these specifications or were defectively manufactured, the buyer's remedies shall be limited to either the return of the goods and repayment of the purchase price or replacement of the defective material at the option of the seller. Rainguard Brands, LLC makes no other warranty, expressed or implied, and all warranties of merchantability and fitness for a particular purpose are hereby disclaimed. Manufacturer or seller shall not be liable for prospective profits or consequential damages resulting from the use of this product. Manufacturer shall not be liable for material used outside of its shelf life. For product dating, please refer to the batch number on the product or contact Rainguard Brands, LLC. Surface conditions and application variables are out of the control of Rainguard Brands, LLC. As such, the applicator agrees to: Follow recommended application instructions, acknowledge limitations outlined in this technical data sheet, contact the manufacturer in the event there are any uncertainties, perform a test panel to confirm fit and finish before any general application. The data on this sheet represent typical values. Since application variables are a major factor in product performance, this information should serve only as a general guide. Rainguard Brands assumes no obligation or liability for use of this information. Contact manufacturer at 888-765-7070 before bidding to confirm warranty provisions and procedures. SELLER'S LIABILITY UNDER THE SALE OF THIS PRODUCT IS LIMITED TO REPLACING DEFECTIVE PRODUCT. HOWEVER, IF SELLERS FAILS IN ITS ATTEMPT TO REPLACE THE DEFECTIVE PRODUCT, BUYER WILL BE ENTITLED TO A REFUND OF MONIES PAID TO SELLER UNDER THIS PRODUCT WARRANTY. SELLER IS NOT LIABLE FOR BUYER'S LOSS OF PROFITS, BUSINESS GOODWILL, OR OTHER CONSEQUENTIAL DAMAGES, DESPITE ANY FAILURE TO REPLACE THE PRODUCT. BUYER HAS ACCEPTED THIS RESTRICTION ON ITS RIGHT TO RECOVER CONSEQUENTIAL DAMAGES AS PART OF ITS BARGAIN WITH SELLER. BUYER REALIZES AND ACKNOWLEDGES THAT THE PRICE OF THE PRODUCT WOULD BE HIGHER IF SELLER WERE REQUIRED TO BE RESPONSIBLE FOR BUYER'S CONSEQUENTIAL DAMAGES." © 2024 RAINGUARD BRANDS, LLC. All rights reserved [END] Customer Service Help -Line 888.765.7070 RainguardPro.com Page 4 of 4 APPENDIX D — Utilities Yard Photos B1 Building and Carport Building 3 Utilities Yard Building 2 Building 3/\ 5 Building 4 W Utilities Yard 949 W 16th St Building 4A Building 5 Building 6 Utilities Yard 949 W 16th St Building 6 (South Side) MIN 4. Building 7 APPENDIX E - Police Department Photos B1 Police Department 870 Santa Barbara Dr -MMM "Mwsi Police Department 870 Santa Barbara Dr ® "MAl1�RRy - t °E APPENDIX F — Balboa Yacht Basin Photos B1 Balboa Yacht Basin 829 Harbor Island Drive p City of Newport Beach 023-2024 Facilities Painting Project (9393-1), bidding on 07/25/2024 2:00 PM (PDT) Page I of 4 Printed 07/2512024 Bid Results Bidder Details Vendor Name GCD Painting Address 24406 Seagrove Ave wilmington, California 90744 United States Respondee Mario Garcia Respondee Title Senior Project Manager Phone 424-489-4067 Email estimating@gcdpainting.com Vendor Type CADIR License # 1088866 CADIR PW-LR-1001014257 Bid Detail Bid Format Electronic Submitted 07/25/2024 11:52 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 387439 Respondee Comment Buyer Comment Attachments File Title File Name File Type City of Newport 9393-1 Final Bid Packet.pdf City of Newport 9393-1 Final Bid Packet.pdf General Attachment 7-25-24 GCD Painting - City of Newport Beach Bid Bond.pdf 7-25-24 GCD Painting - City of Newport Beach Bid Bond.pdf Bid Bond Bid Bond C9393-1 GCD Painting.pdf Bid Bond C9393-1 GCD Painting.pdf Bid Bond PlanetBids City of Newport Beach ^023-2024 Facilities Painting Project (9393-1), bidding on 07/2512024 2:00 PM (PDT) Page ^_ of 4 Printed 07/25/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach 2023-2024 Facilities Painting Project (9393-1), bidding on 07125/2024 200 PM (PDT) Page 3 of 4 Printed 07/25/2024 Line Items Discount Terms No Discount Item# Item Code Type Item Description UOM QTY Unit Price Line Total Base Bid $167,000.00 1 Mobilization and Demobilization LS 1 $13,000.00 $13,000.00 2 Utilities Yard (Exterior) (949 W 161h St) LS 1 $74,000.00 $74,000.00 3 Police Department (Exterior) (870 Santa Barbara Dr) LS 1 $40,000.00 $40,000.00 4 Balboa Yacht Basin (Exterior) (829 Harbor Island Dr) LS 1 $40.000.00 $40,000.00 Additive Item $7,000.00 5 Utilities Yard Building 7 LS 1 $7,000.00 $7,000.00 Response Comment Yes Yes Yes Yes Yes PlanetBids City of Newport Beach _1023-2024 Facilities Painting Project (9393-1), bidding on 07/25/2024 2:00 PM (POT) Page 4 of 4 Printed 07/25/2024 Line Item Subtotals Section Title Base Bid Additive Item Grand Total Line Total $167,000.00 $7,000.00 $174,000.00 Plan=_lGlds